The New York herald., 1879-07-10
THE COURTS.
Whipped His Man, but Denies
He Robbed Him.
SQUARING THE ACCOUNT.
A Curious Legacy and Whirnsi-
cal Beneficiary.

Robert Lynch and Daniel Murray were indicted
for robbery in the first degree in having as alleged
robbed Herman Won Felde Of watch and chain on
the evening Of the Goth Of June last In front OF NO
GIL Grand street. where Won Felde was barkeeper
Mr.. William F. KNITTING. in the General Sessions
yesterday. before Judge Cowing appeared for Lynch
and demanded o separate trial. Lynch Is painter
and poor man. His aged mother sat at his side
trembling for fear evidently that her son would DO
convicted of the offence charged and sent TO State
Prison. The complainant testified that he was at
tackled by Lynch and Murray. and that one of them
seized his watch and chain and ran away with them
Mr. Kintzing desired to test the truthfuness of Won
Felde and asked him whether he had been
conductor on o street To this the witness
answered with an emphatic "No." and added that he
was never connected as conductor with the Third
avenue line. George Marrett. one of the spec
tators in the court room, created sensation
soon called Witness He testified that he was
street car conductor. and had worked with Won
Fede, who u conductor on the Grand street line
in April, 1878. and on the Third in De-
censber of that year and in January of this yenr.
Mr.. Kntzing called the jurys attention to the fact
that the complainant was not entitled to belief.
Counsel proceeded to show that the prisoner and
his companion were passing along Grand street and
were grossly insulted by the complainant Counsel
admitted that the prisoners gave Won Fede good
thrashng, but denied that they robbed or attempted
to rob him. In the court room yesterday the prs-
oner Lynch and Won Feide found that they had ex-
changed hats in the scufie. and they each secured
their own. The exchanging OF the hats created much
merriment. The complainant having been de-
tected in misstatement desired to make an exp!a-
nation, and claimed to have misunderstood the
question put to him by the prisoners counsel.
The jury smiled ut the explanation, remember
ing the emphasis with which the complainant
denied that he had formerly been in the employ Of
the Third Avenue Railroad and that he was dis
charged. Mr.. Kintzing argued that the prisoner
was guilty only of simple assault and battery and
that it was probable that the complainant robbed
himself. Assistant District Attorney Lyons asked
for verdict of robbery in the first degree, arguing
that the fight was but sham for the accomplish
ment Of the robbery. Judge Cowing declared the
law and impartially reviewed the facts. The jury
retired to deliberate ut two o'clock returning ut four
O'Clock and declaring their inability to agree where
upon Judge Cowng discharged them from further
consideration Of the case. Mr.. Knitting said that
the prisoner willing now as he was before being
tried, to plead guilty to simple assault and bat
terry. Judge Cowing said that he thought well Of
the offer OF counsel especially the jury had dis
agreed upon the question the guilt OF the pris-
oner Of robbery in the FIRST degree. Assistant Dis
trict Attorney Lyons not being in court the Judge
declined to accept the plea until Mr.. Lyons was
present. ana remanded the prisoner. The jury, it
understood. stood eight tor assault and battery
and four for robbery.