The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-11-21
THE COURTS.
Strategic Quirks Of the Law
for a Shield.
OLD POST OFFICE LEASE.
The Narrow Basis Of a Pro-
longed Litigation.

An interesting point of law raised yesterday in
the Court Of General Sessions before Judge Cowing
in tho case of John Sheridan convicted of receiving
stolen goods. During the summer numerous bur-
glaries committed while the occupants of
houses enjoying their vacation. Most of the
burglars were captured. convicted and sentenced to
State Prison. The police authorities then devoted
their attention to the recovery of the property and
finally Detective Richard King pounced on Sheridan
at No. Alb East Thirteenth street. into whose premi
the burglars were frequently to enter. Five
indictments were found against him. and his
first by Assistant District Attorney Bell that of
receiving goods stolen from Mr. Flavius I. Allen.
he was found guilty. His case WAS on the calendar
yesterday the charges OF burglary and re-
Matthias W Consiing. No. liz East Thirtyars street
When the was called by Assistant District At
torney Russell the prisoners counsel Mr.. W. b. Cock
ran. asked permission TO Withdrew the plea of not
guilty interposed when he first arraigned which,
after some discussion, was granted Then counsel
demurred to the indictment. there being alleged
misjoinder OF offences, the first count in the indict
ment containing charge Of burglary and the second
achsrge of receiving stolen goods. After argument
both sides, Judge Cowing held that the counts
could be joined and overruled the demurrer. Mr..
Cochran then interposed plea Of former jeopardy.
contendng that the trial and conviction of Sheridan
on the 18th of October for receiving goods stolen
from Mr. Allen bar to trial on the second In
Joined issue this plea and jury was empanelled
to try the question to the validity OF the plea
The evidence offered to sustain 1t was the
record of the former conviction. Counsel
for the prisoner placed Detective King the wit
stand and Intercepted him whether he had adj
dtlona evidence to offer other than that given on the
former trial. and he replied in the negative, except
as the ownership Of the property. In response to
Mr. Russell he said he had not been nterrogated on
the former trial to finding Mr.. Conkling's prop
erty in the possession OF the prisoner During the
years of age suddenly tainted and for few seconds
was apparently unconscious. He was given glass
of water. and. quickly reviving. continued
his testimony. His was the only testimony
offered in support OF the plea. Judge Cowing
charged the jury that the question before them was
whether this offence for which the prisoner was now
arraigned was the same offence Tor which he was
formerly tried The jury. after two hours absence,
found that the plea not true and decided against
the prisoner. Mr. Charles Strauss who was associ-
ated with Mr.. Cochran, then submitted plea to the
effect that the indictment illegally found as the
evidence before them was insufficient. Mr. Russell
filed replication that the plea was untrue. and
Judge Cowing overruled 1t. The prisoner was then
formally arraigned and pleaded not guilty. The
trial was sent down for Monday next.