Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-10-28

taking il was evident that very little would be re-
CURED TO create tremendous fight and blosdshed.
The partizans and sighting characters Of both sides
were there, and hot work was expected
Judge Edwards came in and took his seat, very
csmposedly. Glentworth came in and sat very near
him. Col "A. Hamilton, Glentworths counsel, then
came in and sat beside him. Then there came in
and SAT down low, red faced, impudent, ruiIian
looking pot house brawler followed by two or three
hard looking characters then several worthy men
and several scounarels. The Recorder then came
in amidst much eommotion; and there being great
deal Of angry talk and violent language among the
brawlers, he left the room. The Sheriff also
there. Presently the Recorder returned and advsn
cling to the table, slightly excited, spoke as fol-
lows
"Judgs, appear before you under circumstances
rather of an unpleasant character this morning.
do not know, sir that my person is safe, sir
nevertheless, appear. | have TO state, sir, that
some days ago, was informed in relation to a case
now before me, that the defendant in that case,
Client ORTIZ had in his possession or at his house,
certain papers tending TO show the guilt or inno-
cence of certain parties said to he connected with
this case Guilt, certainly, IN certain places And
will read you the whole statement of the way in
which obtained these papers, and my reasons for
| retaining possession Of them
| On Thursday evening, it was proved to my salts
faction that Nathaniel Pierce, Esq had in his pos
session (the same having been given to him by James
B Gientworth) bundle OF papers, consisting of ORR
gina receipts for monies paid by Jas Is Gentworth
tolIas. Young, Robert Miller, Charles Swint, Robert
Looney John Saunders, and others, all ofthe city OF
PHILADELPHIA for having furnished men 10 come To
the city of New York, in Novcmb T, 1855. AMI April
1882 to vote-and also that said bundle OF papers
contained other writings connected with the trans
action ont of which the charges against the said
Glen;worth have grown
l. in company with The Hon. Isaac L. Varian,
MAYOR of the city Of New York, went to the house
of Nlr Pierce and in our off cial character demand
sd of him the said papers. MIR. Pierce informed us
that he had sundle OF papers which Glenworth in
formed him related TO the Transactions which were
before the Recorder, which were
handed 60 him upon promise on his part that he
would retain them for Mr. Glontworth and he there
fore refused to deliver them to US. informed him
that as sisraes we were compelled to take them,
and unless they given TO as, we would proceed
to search his house for them. MIR. Pierce stated
if we had not legal right to take them, he would
under no circumstance give them to US. informed
him that we not only had the legal right to take
them, but official duty compelled us 10 make an
effor, to obtain them, and now state If Mr. Pierce
had persisted in his refusal to give us the papers,
would have proceeded and searched his house for
them.
Mr. Pierce produced to us q package which
sealed He informed us they were the papers which
had be en- siven to him above stated and that they
were sealed by Mr.. Glentworth by his (Mr Pierces)
request and that they had been handed to him during
At nv request, Mr.. Pierce put an envelope upon
the package, sealed the same with scaling wax, and
kept the seal with which he made the impression
upon the wax, and wrote upon the envelope what
was contained in it. We then gave to Mr.. Pierce a
written statement signed BY his Honor the Mayor
and myself, recting what had taken place; and also
stating that the package would not be opened until
Saturday morning at 10 o'clock, ia the room where
this investigation being conducted, in thstpre-
senee of himself Mr.. Glentworth. and his counsel
His Honor the Mayor then took the package for safe
n. g. .,r1ax i'm hc mr. 20
of Gientworth, and Of his counsel, Benedict and
Christ, the Mayor Produced the package handed
the package 10 Mr. Pierce TO see that II had not been
opened. After il examined by Pierce and found
to be in the same state il when given by him to
the Mayor, / opened the envelope. then handed
the package TO Pierce, for him to if the pa kage
was in the same condition il was when he enclosed
il in the envelope. He found it TO be in the
situation and Glentworh also examined it and pra
duced the seal with which lie had sealed the pack
age. was about opening the package, when the
the package and stated for Mr. Glentworth that the
package contained his (Glentworth) private papers,
and demanded that should return the package to
Mr.. Glentworih refused to return the pacgage to
Mr.. Gentworth. deemed IL most prudent, under
the objection Of eeunsel, that should examine the
question as to my dsty in relation to the package be-
fore opened IL. I Therefore wrapped round the
package the envelope in which Mr. Pierce had pre-
viously enclosed IL pat an envelope on this which
was sealed with sealing wax and impressed with a
seal which the Mayor retained, and i took posses |
sion Of tn. ackage, which now have IN my posses
sion, in the same situation it was when took IT,
The question TO be decided is, whether under all
these Circumstances, my duty as the examining OH.
compels me to open the package and to examine
its contents.
There are two methods by which complaints
presented to q grand Jury.
The one where the complainants in the fret i'm |
stance, 60 Immediately TO the grand jury and make
their eomplsnt-ths course may be safely adopted,
when the witnesses and testimony are willing and
DESTROYS that the offender should be prosecuted AMI
punished. and where there is no apprehension that
the offender will escape prior TO or during the in
vestgat.on or that the witnesses will absent them
selves, or that documentary evidence viii be des-
troycd. The other which is the most usual course,
and which is Indispensable where documentary ties.
that the witnesses may be unwilling, and where
the offender would be likelyte escape, IA first to
apply to an examining and committing officer.
In this matter the Recorder is acting as an exa'
mining sad committing sicer. II Is his duty toliD-
quirs, by examination OF testimony, what offence,
II any, has been committed 10 ascertain who, IL any
person has committed the offence; and TO discover
the evidence OF the offence; and the testimony
which desgnates the offender, TO the end in case
offence has been committed that the offenders may
be arrested and also, that the evidence may be Sc
cured, 10 be sent to the grand jury for their exam
nation and action.
The duty and the authority Of the examining and
committing officer, is fully established by daily
practice which has obtained for centuries.
The officer must cause to be searched, or he must
IN presence search all places where u is made to az
pear ssisfactory 10 him that there is evidence con-
cealed. bearing upon the isvesugstion.
I will therefore open the package.
This statement I made last night sir, IN my
court, where an extraordinary outrage com
mit,ed on me. and attempt made by force to take
those papers from But before speaking of
what then occurred, sir, will state, sir, several
instances where q committing officer, constantly
searches the persons .f the &C cused-ssarches his
premises his trunks, and the persons Of his ascnts.
In the ease Il murder sir the accused i searched,
to il there any marks q violence on his per-
son.
JuDer EpwiRp,.-l can, perhaps, settle all this,
and save the tronbl. Of going into authorities by
simply promising, Mr.. Recorder, that have NO iu-
risdiction over you your acts. Yosr authority