Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-11-30
9enornI Sessions.
Present Recorder Morris, Judges lnslss aud Lynch


| Nov. 2S-Ia the matter of James Hyde and Lesois
| q Hyde, indicted rcih Ssarsr for fraud on ne
s so. a,ssr laSpGn md Others MI Daalsy
| pr0seqai entered. The lsarned gentleman read
aamber Of lengthy sfidAvits from tho accused and
others, and stated among other facts that Hyde had
already been pat 10 500 expense In preparing for
his trial. which had been postponed twice at the in
| stance OF the prosecutors.
| Lewis Tsppsn appeared as assistant District At
torney, and manifested some anxiety to oppose the
motion ON the part Of the people.
| Mr.. Selden doabted the right Of MI. Lewis Tappaa
| to appear AZ an advocate before the Court.
Mr Brady said hs would have Mr. Tappan sworn
to show cause against the motion.
The Coart said that course would be irregu.
lar, and i, was then settled that Mr.. Tappan should
draw his own affidavit and present it to the Court
| Ike Court said they would look into the papers
! and give decision next term
Right to ssixe Papsrs.-;n the of Samuel Brid
don ian convicted Of forgery In the third degree,
MrCulver moved for arrest of judgment, and ten
dered to the Court bill Of exceptions to allow the
opinion of the Supreme Court. At tho trial Of the
prisoner, Holman police officer, swore that he
rested the prisoner Saturday in September, that
| he asked him where he lived he answered at the
| Atlantic Hotel he asked him for the key of his
trunk, and he gave him. He then went to his room
in the Hotel, opened his trunk and took out his pa
pfrS and brought them TO The police office. The slip
OF paper now produced took from the prisoners
trunk
To this testimony the prisoners unset objected
and especially to tae introduction Of the paper,
sing that it was private paper helonging to the pr-
soner That it WAS forcibly taken from him without
authority and without warrant, and without any law
or color Of law, or right.
The District Attorney urged for the right of the
Police officer to take any papers that might be osnd
on or IN the rooms of suspected person.
The Recorder remarked that this the OF
the GlentwOrh papers, and that the counsel Of the
prisoner knew what his opinien was in that ease
and that he eessary must override the objection
Judge Ingiis dissented from the decision Of the
Recorder. ~
Judge Lynch decided that the paper was testimo-
L,,, n.atr. 4, AZ,
The paper was then put and read, and the jury
und the prisoner gailty*.
Mr.. Culver's Bill Of Exceptions contained the fol-
First The paper given in evidence contained the
name Of 81. NJ Andrews" written upon it, being
private paper the property of the prisoner, entities
him to the exclusive and absolute control and possess
sion oft.
Second. The key of the prisoner being obtained
whilst he under arrest and subject to the abso-
ute will and power of tho officer, gave him no
troll over his own person nor over any property he
might have about him, therefore the possession Of
the prisoners key in such case was in violation Of
law not Jastihed'by any power or authority gwen
Iaird The officer having taken the key OF the
prisoncr's trunk, and with il gone to the Atlantic
Hotel aud there unlocked his trunk and took posses
sion of his private papers in that trunk, did act
which by law rendered him tresspasser d6 inif'o;
and that whatever paper thus taken from the prison
ers trunk BY the erwhich came into the posses
sion Of the District Attorney rendered such posses
sion by him violation Of the constitution, and not
justified by any existing law. r " rryf..-
Fourthly. The District Attorney having thus OBJ
tanned OF the various private papers, in
violation of the constitutions and without law au.
thorisng such seizure taking, could not introduce
any such papers 10 the jury legal evidence against
the prisoner; and his Honor the Recorder and one
Of his associates having decided that the papers Of
fered in evidence could be sent to the jury legal
evidence TO convict the prisoner. The prisoners
counsel respectfully charges that such decision was
erroneous, inasmueh il in open hostility to
the constitution and law, and not sustained by any
known or existing judicial deci'ions.
The Court granted the motion for q suspension OF
judgment until the last day Of the term. .
Ia the case Of Arterius Brundridge, Mr. w. M |
Price applied for the discharge Of the prisoner from
the tombs. The man put in on the I'D IL Sep
TENDER. and no bill had been found.
" r. Brady said that the present grand jury bad
been So engaged in investigating the "eection |
frauds, that il had been impossible to gel the ordi
In the case Of Alexander e. Coke, indicted for |
obtaining goods under false pretences, a motion was
made for release from prison, the u.nal time hav
ing claps ed, and the prosecution not having taken
the necessary steps to bring the prisoner To trial
The Court said thar they could entirely ex-
onerae the prisoner from the charge, but they would
admit bin TO bail ia $500
With respect to other motion, for liberation, the
Court said they should refuse any applies alton for
disc barge in which the present term was included
the two terms to which a prisoner was entitled. |
This rule was {, apply to the case of Brundridgc.
In the matter Of Nicholas Walsh, charged with |
the prevalent crime Of bas'ardy, motion, the cul
pay one dollar n week towards supporting the little
responsibility.
Mark Levy, one Of the tribe Of Israel, begged |
permission to plead guilty to charge OF whipping |
one Of his brethren. The Court pied the plea,
but certain lawyer present doubted II il was in nc
cordanec nth the Mosaic law, which forbids "sny |
manner Of work on the seventh day"
In the matter Of Estell, negro, convicted Of am
assault, with intent 20 commit a rape, on Mary Jo-
seph, negress, the Court postponed the sentence
to give time for bill Of exceptions to be prepared
The GIentworsh Business.
All the motions Of the Bar having been thus dispo-
sed Of the Recorder directed 10 apprize the
Grand Jury tina, they were ready to receive any bills
or prestntments they might have to make previous
to the close Of the In few minutes the officer
returned followed into Court by all the members Of
the Grand Inquest A dead silence ensued whilst
the Clerk Of the Court called over the names and il
evident to all the spectators that something like
a expected.
The Clerk having reported 10 the Cour- that all
the members were present, the foreman, Mr. Belts,
looking documents The Court having glanced at
it's contents handed document to the Clerk, aud
him to read il aloud
The following Is correct copy Of the
PRgsEsrNENr.
The grand na in and Tor the city and count, Of New
YORK, being about to bring their Official duties Gloss
feel themselves called upon TO present to the eonsdet
ton of the Court such matters as IN their opinion r,quirc
the istei position Of the public sutnors order that
suitable and applied the indt
idua sutccs red believing they 30, that they
intimately connected with literal administration OF
municipal affairs and oslc ulsied to ads per.
happiness OF the great body Of the people. They
do hereiore most respectfully PRESENT. that those parts Of
the City Prison appropriated or the continents OF crn
as do those suitable stions for the
sick which justice and humanity slke demsnd and they
prope,y OF having erected with all
convenient sIeed additional buildings apartments in
" hch they may receive the attentions and required
BY their peculiar siue ions Their attention has also
been allied 10 the apartments occupied by dc5.5fs Upon
Inspection Of rs.s., ;hvy scs. The conclu.
sion that suitable should be prov isd
for that unfortunate class Of citizens many Of wbo
placed Their. whou, the Of procuring necessary
and the ordinary comforts Of the
sDandened criminal confined wi hin the wal - aud
thsy suggest whether provision should
made either BY the creditor public authorities, in