The New York herald., 1877-10-26
GENERAL SESSIONS-PART q
Before Judge Gilderslceya

FRUIrLEss FIGHT WITH ''THE TIGER"
Al the sitting Of the Court yesterday, alter some
minor business had been disposed Of Assistant Dis.
r.ct Attorney Herring called tho cases OF Loring IL
Black, William Marston and Stephen Flclds, Jointly
indicted for keeping gambling house at No. 1,252
Broadway Considerable interest appeared TO DO at.
tached to the trial OF this cause the counsel
for the prosecution had mado most vigorous efforts
have the issue determined, equally strenuous efforts
being also made TO havo II adjourned. Whom the case
on The calendar woek ago the then counsel for
the prisoners made an earnest appeal tor further
postponement, and his motion having been granted
the case was poromptorily set down ior yesterday.
The accused were summoned to appear, whom Mir.
Mott stated 10 the Couri that he and Mr. Kin zing
only just boen retained, aud IN view oil the
Of the case desired poslponement, intimat-
was unable 10 appear on account OF sick
ness Assistant District Attorney Herring earnestly
addressed the Court and the ircoue nt
delays as an effort TO trito with JUSTICE which he
trusted the Court would not permit lie did not
tach any blame whatever to the counsel, who had
only been retained, but In the performance OF hts duty
no was compelled TO resist any application whatever
for a further postponcment.
Judge Giidersleeve ntmated that us tho had
been SO frequently ON tho calendar aud II
had now been peremptoriy set down Tor hearing a
further adjournment could not be granted. After
some further argument the accused again sum-
moned to tho bar, none OF them responding their
names except Loring NJ. Black, ana motion Of
Assistant District Attorney Herring tho bonds of
Marston and Fields forfeited. The trial oi Black
was then commenced, Mr. Herring In his opening
vvdly setting forth the crime Tor which the prs oner
was now nrra,gned. The complainant the case was
Thomas Mckcon, painter, residing nt WILLIAMSBURG
and having store at No 200 South In response
TO the prosecuting counsel tho witness testified that
he had known Marston IN Williamsburg since 1852 and
that they had been on exceedingly friendly terms;
their Intimacy. however, had Dccn interrupted
past lew years, until he again met HIM At restaurant
in Fulton street. IN February last, when their acquant
aous s. a him he had
aud was partner OF james l. Clute, nj
the corner OF Ann street and purK row; he pur-
chased some diamond studH from Marslon and when
he saw him again Marston was accompanied by
Stephen Fields, the praises OF whose accom- psn
he loudly proclaimed, dwelling particularly on his
conversational powers ana other Interesting acquire
ments; Marston again called TO him, anu re-
quested him TO take stroll up Broadway; on tho
way they drank pretty freely, and proposition was
made by Marston 10 pay visit 10 their mutual
Trend Fields, who resided No. 1859; they
there found Fields, who pitaby entertained the
besides showing several wonderful tricks at cards;
the witness tMckeon told his friends that be did
understand cards, never having played game IN his
lite, and he and Marston then left ana Monday
evening went again up town together and again in
dulged In numerous drinks; Marston asked him how
much money he had and he replied tnat had ST. 50O
which belonged 10 his sister; "Let US drop aud
Fields Tor half hour said Marston to which propo-
sition tho witness assenled; there he met Fields
anu Black and Two strangers; Nurston took
him ASIDE and asked him to do MIN most important
iavor-namely 10 pretend 10 play with Fields Tor halt
an hour, wno ne said, was In financial distress; on
tho earnest entrcaty OF Marston he handed tho
ivory, with dgures marked upon them, which Mr.
Black got out OF a safe, were tnen handed 10 hIm
Marston told the witness that this was the game OF
"iaro'' and that he would play It Tor him; mean
whilo he drank good deal OF liquor, which immedi-
ately took effect upon him; Marston SAID. s.Look
at mo and DO as ! do;" he told witness
to place them hero and there, and witness did
he directed Black sat ut tho head OF the labo and
directed tho game, relieving Fields when no was
tired; no could not say whether IL was Black or
Fields handed HIM pieces Of ivory, when finally Mars
ton told MIN he had better Stop Mr. Fields continued
tn tuk 20 lhA n n lhnv
peared; thcn the witness got sick ana Marston aud
Fields took him out and walked him IN the street. and
finally Marston brought him home 10 Williamsburg;
Marston promised TO pay him his money; no called
upon HIM and be (wiiness) admitted 10 Marston that
he had made complaint to the authorities, when
Marston jumped up, shook his fist in hrs face and
threatened That II he did 50 he and Fields would
swear he bad entered into conspiracy to rob Mr..
Black; seeing Marston In so angry u mood witness
left aud never saw him since; he subsequently went
to No l,252 Broadway and saw Back and Fields
through tho door, stating that ho wanted TO find
Marston they told HIM tnat they did not know him
(tnc witnessl nor had they ever seen him IN their
lives, and that he must 10 mistaken.
The further hearing oi tho case was adjourned until