Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-05-12
THURSDAY, MAY IL. 1891.
New York, May 9

has excited mast interest, and the proceedings
which have taken place in relation to the indict-
ments against him, do not appear to be perfectly
understood. We have therefore, taken some
trouble to procure the following facts:-The pleas
which were interposed by the prisoners council,
have been founded upon provision oil the Re-
vised Statutes, which declares "that IT at any
time there shall be two indictments pending for
the same offence, or for the same matter although
charged as different offences. the one first found
shall be deemed to be superseded by the one last
found and shall be quashed." At the time the
CITY Bank was entered and robbed, as our read
ers already know, the property taken consisted
not only Of notes belonging to the City Bank but
also of bank bills aud doubloons. belonging to
other institutions and individuals by whom they
had been deposited in the Bank for safe keeping.
Al the April term of the Court oil Sessions, the
Grand Jury preferred seven indictments against
the prisoner, making each distinct parcel OF the
property the subject OF par tlcular indictment,
or, m other words, finding as many bills as there
were separate owners of the property stolen
these bills were presented by the Grand Jury.
and at the same time, were entered by the clerk
upon his minutes without any reference to the or
der in which they were entered to the subject
matter of each bill. There was also a bill found
AT the same time against the prisoner for the bur-
slary in entering the bank, without including IN
i any of the larcenies. The bill last entered
upon the minutes of the Clerk, was the one charg
inc the prisoner with having stolen the doubloons,
the property Of Mr.. Schott, which doubloous
have not vet been recovered. Upon the first day
of this present term, when the prisoner was ar
ra;rned, 70 the indictment for burs larry he plead
ed not guilty, aud also TO the one Tor the doub-
looms. he pleaded the same plea; but to the other
indictments for stealing the property OF the City
Bank, aud the other Institutions, las counsel IN
terposed special plea in pursuance OF the Re-
yised Statute, setting forth that all the lndiet-
ments were for the same offence. and as the~one
for stealing the doubloons was the last one en-
tered. il was therefore to be considered the last
one found, and should Try 1.-THE one fdf steal
inc the property of the City Bank, the others
were SUPERSEDED and must be QuaShed. The
district Attorney MIR. Hoffman contended that
IN. prisoner could not avail himself OF this pro-
vision of the act by plea in this stage OF the pro-
ceedinr-that the only mode in which the prso-
ner could present the question, which undoubted-
ly was very serious one, whether these dfer-
ent larcenes did not, in judgment OF law consti-
tute but one offence, was either by mott0n To
Ia oua.h the indictments first found, or else, at
Ter conviction or acQuital dpon one OF them, by
the piea of autre for, acqut or convict to the re-
ma,nder Of them. lie therefore moved the Court
that since the pleas interposed, were upon their
face invalid, and Illegal that the Prisoner should
be considered as Standing nlWe-and that the
court would in pursuance OF the statute, direct
the plea of not guilty to De entered tor hlm.-
Upon the following day the Court decided,-
without expressing any opinion as 10 the iegailty
of the pleas, that since the plea was lnterposed,
that the District Attorney must either reply
TO it, and thus present the question which
in the language OF the plea, 1t was but one
o6eace, or else. by demurrer to the pleas, ena-
bic the court. upon that demurrer. to decide whe-
Their, they were legal or not. Upon the ensuing
,ay, the District Attorney informed the court that
rs the object whchhe had IN view mig hit be attain
ed in shorter way than by consuming the time OF
the Court BY long argumentupon the demurrer,
he would With the leave of the Court. enter noae
proSequi upon all the indictments (iucludlns the
one for stealing the property OF the City Bank
TO which the prisoners special pleas applied,
viii, h was accordingly done. The Grand Jury
Immediately brought in new bill for stealing the
nutes belonging to the City Bank. similar to the
one to which the prisoner had before pleaded spe-
cially, and upon which the nolle prosequi had
been entered. This new indictment now became
the last one found, and 10 it the prisoner was
therefore compelled to plead NOT GUILTY. He
aCCOrulnoly. uUucT Tie duNiSC VI h'o Spuuo's
pleaded not guilty, and the trial OF 1t was set
down for next Wednesday at II O'Clock
-<see9e1s~
Sigas.-The Hudson Envoy, a late JAG kson
naner. has seen ITS mistake and is now Anti
Jackson. The Fayetteville n. c. Observer has
also abandoned Jacksonism. Its reasons ares
!. The conduct OF the Administration with re-
card to the Turkish Mission. 2. Its system OF
Prescription. 5. The prodigality Of its expen-
ditvres. a. Jackson's conserving to serve ano-
,Ler term, in the teeth Of his frequent DECLARE
tons to the contrary. :,
The New Jersey Union says:-'' Individual in,
stances of the change Of sentiment with regard
to Gen. Jackson's fitness for the office he now
holds. are daily and hourly occurring IN every
state m the Union, and that too among the most
influential g. intelligent part OF the community;
h>r Of their names would fill folio volume; and
among the changes would be found tue names OF
such men as the Cadwaladers. Biddles, Rich