Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-11-12
NEW YORK, THURSDAY MORNING, NOVEMBER 12 1910


In another part Of his testimony when the witness
wished to explain why he gave the answer, " Be-
cause am Whg," he stated, "i it was because
the party Gas party believe this
ct least, do not!
Simon Draper, juRr., Esq, Immediately upon his
being sworn without having question pat to hln TO
elicit his spinionv he having to all APP
pearance prsmeditatedly prepared the statement
with which he prefsced his examination, made this
statement
Q. Do you know James B. Glentwerthl
A. am in attendance before the Special Justices
iorPreservng the in the City of New York; under
and by virtue of subpoena signed by Robert H. Norris
Recorder OF the City OF New York. First protesting as
citizen against the authority OF the tribunal before whom
am summoned, as an arbitrary and illegal body-usurp
ing powers in violation of civil rights and of the laws
under which they assume to act profess my readiness
10 all and every question may be their pleasure
under their usurped powers, to propose
William A. Ford prefaced his testimony with
the following =
closing part Of which says testify the TRUTH and give
evidence according TO your knowledge in certain
plant made before said Recorder" Now will that
although consider the subpoena Illegal appear before
TO such questions shall be put TO me- the
best of my kno Wedge and belief
The testimony Of these three witnesses shew,
that there had been in which, &C ord
ing to the testimony Of Joseph l.. Chester, a por-
ton, at least Of fellow citizens, attached to one
of the political parties Of country believed the
tribunal before which they appeared to be exa.
mined, not legally constituted. 1t is also APP
parent from Chestcrs testimony, that another por-
tion Of that part Of our fellow citizens did believe
that the tribunal was legally constituted, and yet
Mr.. Draper, an individual Of great intelligence
cupying prominent standing among an Intelligent
and influential class Of fellow citizens swears
that in his opinion, the tribunal before which he
ing powers in violation Of civil rights, and of the
law under which they assume TO act," and that he
would answer all questions il may be their pleas ure
under their usurPed powers to propose. In this
Nr ST hav uv.c
he must have been deceived by the counsel Of some
partizan lawyer, whose opinion he, incautiously,
and excited by parzan feeling, adopted, instead Of
examining for himself the plain and explicit pow
ers given by the statute; and without calling te his
mind the ordinary and constant practices OF our
courts and officers, in GRIN NAL enqairies. 1t is
anehoy gentlemen of the jury, to see that excited
feelings and prejudices can so warp the judgments
of the Intelligent, to induce them to believe aud
swear that the constituted authorities Of the land
acting in the performance Of their ordinary and
plain legal duties, are Wegai6odies and usurpers.
1t is melanc holy to know, that Intelligent man
one whom nature has endowed with those gifts, and
circumstances have placed in such position, as to
make him an example, to which others NAV look u D
to and attempt to emulate-shoud be so warped by
excited feeling-that he could premeditatedly vo-
luntesr in the presence Of the magistracy, and to
the magistracy, insult alike to the laws, TO the
officers of justice, and TO his own intelligence and
standing.
1t is melancholy, gentlemen to witness an intel!i-
gent maa, who is dependent upon the laws for pro.
q
disrepute, by a statement, upon eath which the
least enquiry and examination should have shown
was erroneous.
The authority by which acted, in the examina-
ton referred TO, is found in -
"a Revised Statutes, 81 edition, page $780, sec. !,
2, 3. IL, page SCI, and sec. Is, page SOB.
The first section expressly gives to the Recorder
the power TO act in criminal eases
I'd section.-The Recorder must examine on OATH
the COM lainant and his witnesses.
81 section. He must issue his warrant.
18th section He shall proceed 10 examine com
plainant and witnesses.
10Th section He may associate other magistrate
with him.
These sections of the law shows aairmativeIy, spe
officially, aud plainly, that the Recorder has the
power-that il is his duty to arrests and exa.
mine witnesses. They also show the Recorder NAV
proceed alone or he may associate any other ma gs
trate with him to assist in taking the examinations
Those provisions so distinctly give the authc rity
and impose the ds'y, that any person who can read
and has intellect beyond the grade of idiocy, can
understand il.
In addition TO this express letter and shirt If
the statute, this community has every day present.
ed to them in the police reports Of public Jour-
nails, the fact, thai complaints are made 10 magis
trates, warrants are issued, and offenders arrested
and also that many offs sders arrested by
bes without warrant. Witnesses are then examines
BY the magistrates, and the offender is committed
TO prison, bailed and the witnesses are bound by
recognizance TO appear before the grand jury to tes
t'fy. Why them is il, in the very face Of this law
Of this daily practice under IT, that | am charged
with having no jurisdiction, with being usurperf
The only reason that can he assigned, and there is
no doubt that such Is the truth-that acry of want Of
jurisdiction was raised TO get the community to turn
their attention from the prisoner, and from the
offence. Very frequently, gentlemen II the jury,
when the wi ness cannot procure bail for his APP
pearance to testify, the witness himsel is
ed 10 ensure his attendance that the law NAV be
freed, and the community protected. II has often
occurred-and one case has already been tried AT
the present term OF this Court and the prisoner is
rfa hirh hat 81.
was robbed Of all he was worth in this world ex.
cept the clothes he stood in while tho culprit OBJ
tanned bail for her appearance TO take her trial
the injured party the witness, imprisoned thin
the walls Of the prison behind me, am ng feloo, af
the deepestd lie, because he could not, in strange
land obtain security for his TO testify In
that instances as IN many Others the Courtb order
gave TO the witness all the compensation the law
would permit, and ssorry compensation was it-an
allowance in money equal to what by honest labor
he could have earned, deducting therefrom the
board, as he was boarded at the public expense Ii
has also frequently urred duri,s the short period
have been Recorder Of this city, that the United
States Cosrts have imprisoned for months whele
crews OF vessels 10 ensure their attendance as wit
nesses You viii soon learn, gentlemen If the jurv
II you have not already known, that in criminal
cases, private rights and personal liberty, even OF
the honest, viriuous, and injured-by the law are
invaded, and for season disregarded and violated
for the benefit Of the general good Of the commu.
nty.
This is not the case, gentlemen Of the jury. in eli.
vii cases there the person, and the property and ef
fects OF the citizen. protseted-is inviolse-apd
only be reached aft r there has been a trial
verdict, and gment. and execution issued upon
such Judgment. In civil cases, no witsess- can be
called upon TO give security for, he be im.
Prisoncd 20 secure has attendance. In civil cases.
II IL mere contest between individual citizens for
property and money, either for debts due, or for
damages sustained. And the law, which intends to
protect interests the rights and the Of all will not
tolerate that the rights the personal liberties and e
fects 81 man, shall be violated for the benefit Of
another maa, until the constituted authorities have
by verdict, judgment and execution, made them re-
sponsible. The difference between the law applica-
bic 10 civil and TO criminal eases has its origin in
this Criminal law is enacted and enforced 10 pro-
tect the whole community against Individual depr,
datons, and therefore IL comres the rights Of indi-
vidnals in many instances to give way for the gene
raj benefit.
lhave frequently, gentleman OF the jury, suggest