Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-04-13

been promoted to the honorable office of Special
Justice Then follows specific atoms of this first
charge by which II appears that he cOnnived at and
saw several burglaries committed. That Henry w.
Merritt, Holman and Sparks, obtained the discharge
of burglar named Moore; also, that he Merritt,
connvcd with Smith Davis and Moore, to induce
one Scey to fill up and sign certain counterfeit bills
so that Merritt, Homan and Sparks, TO arrest
HIM in the very Acknowledgements to be represent
ed as having been effected by valuable information
given by Moore; that Merritt, Holman, and Sparks
afterwards induced Moore and two others to commit
burgares by which, on one occasion, they got
ward OF 500, and from the city $40.
The second charge is still more serious, and COM
prises all the technicaies of indictment for per-
Jary. 1t sets forth that since said Henry w. Mer-
rift has been raised to the dignity of special JUS
uce, 1t became necessary to try Smith Davis noto-
rlous cOunterfeiter, and that said trial before the
Recorder and two Aldermen, the SAID Henry W.
Merritt being special justice was sworn to the
truth OF certain testimony which was material, and
that he, said Henry W. Merritt was wickedIy and
corruptly guilty Of wilful and malicious perjury
The specifications then go on TO recite dates, &c,
and to fix the perjury as committed on the 18th of
February, 1859. and set forth ,nai said Smith Ds-
Wis was convicted, &c.
The third charge recites that while said Henry
w. Merritt was in the discharge of his duty as a
special Justice, he wilfully, corrupty, and contra
ny to law, Justice discharged and set at liberty
notorious thief who had been arrested by A. M. C.
Smith, without taking any complaint against him.
and without taking any bail, that he escaped un-
punished, to the great hindrance and mockery of
public justice.
The District Attorney before handing the char
ges and specifications into the court, asked their
honors to say if any verifcaton Of them was neces-
sary In his own opinion an affidavit not re-
CURED, because these charges were founded on the
others; but STILL if their honors differed with him.
he was prepared to add the proof now that there
might be no preence for further delay when the ac-
cused was called on to answer.
Judge Inglis said that he looked upon these char
ges AS Tar more serious than the others In his own
OPINION all that was required in such case was the
responsible signatures of some public BODY or law
officer; but he knew the contrary had been held by
his learned and therefore il might be bet
ter to have versifcatiOn, the more especially as
the present charges could hardly be said to be found
ed on the report of the committee
Judge UlshOeifer held that a verfcation was ne
ccssarv.
Judge Ings said that perhaps il would be best TO
have one, as the charges were highly penal.
The District Attorney said that the court could
not but observe that he would have great difficulty
IN getting witnesses to come forwvrd. These
charges had been the subject of newspaper COM
plant for number Of years, and if we ever were 10
commence the publication of our judicial system,
some means must be had recourse to for bringing 10
light the delinquences Of men high in office. These
charges had not originated out Of any pique as had
been insinuated by Mr. O'Connor but from sense
oil public duty, which had compelled him to disclose
facts to the police committee, which facts had re-
suited in the present charges.
Judge lnglis said he should for the re ptiop
of the charges, il the District Attorney was TO be
understood as preferrng them in his official charas-
ter.
Judge Ulshocffer said if there are afEdavits, I
think we may well have them.
The District Attorney said then if your Honors
please will now call the Alderman Of the Fourth
ward, of this city, who will swear that he has heard
the witnesses testify at the examination before the
Police Committee, and that he fully believes the
charges to be true, and that they be sustained
before this Court
Aid. Guon then had the oath administered to him
by the Chief Judge, and their Honors Immediately
granted the order to show cause, and made return.
able in that Court on Monday the 10Th instant at Il
o'clock precisely.
Judge Ulshocfor said that the accused must be
served with copy of the charges, and also of the
order, ON or before Monday next, at noon.
The District Attorney said that all due diligence
should be used in serving them earlier.
The Court then adjourned.