Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-07-15

charer OF the ciy and that had passed by
Two thirds vote was not constitutional; but even this
shadow dpeled by the decision of the court of last re-
Sort that not necessary to inquire whether there has
been atwothirds vote in order to establish the validity
OF law which has passed the Secrearys Office and that
1t IS not competent to go into such inquiry
In addition to the act repeating the law which author
zed the Aldermen to sit judges the General Sessions
their powers superseded by the first clause the act
OF May a. $780, which provides that the Court General
sessions shall hereafter be held and all the powers
OF De exercised by the Recorder and two associate judges
acts are coram non JUDGE.
does not appear that the question has been heretofore
presented for decision precisely in this FORM but in case
ISL Term, 32o the court say upon demurrer ndict
ment the court must look the whole record and there
lore is open to objections well of
the court where the judgment is found to the subject
matter of the indictment.
am fopinon therefore, that as it admitted by the
demurrer that the Aldermen legal Judges of this
court and that they sitting Judges thereof and as that
court haveno evidence that the Aldermen have even a
color foilce that the objection the defendant is we'll
aken and that the District Attorney have leave to with
draw his demurrer
His Honor, the Recorder, said that he had pre-
pared no written opinion, himself and the two Al
dermen who were on the bench, concurred in the
opinion read by Judge Sanford.
The plea interFo.ed by the defendants counsel,
Mr.. Scoles, must therefore be overruled, and the
prisoner brought out to plead. Budd was then put
to the bar, and plead not guilty.
burglars jacob Seaman and Patrick Sewell,
couple of negroes, were put their trial for break
ing into taors store in Chatham street, and carry
ing of a lot of ready made clothing The evidence
against the prisoner consisted of the testimony of
Whne man ana negro, VINO had shared In the plum
der, and who were arrested with some OF the gar
mens in their possession. No property found
on the prisoners at the bar. Marsha:J Bacon ap-
peared for the prisoner Seaman and contend that
there was nothing ia the to warrant the jury in
convicting his client He also called the negro
wench to prove hat Seaman was IN another place at
the time of the re bbery.
The jury found them beth guilty.
David Gritliths, old man, was put to the bar
charged with assapltng his wife with intent to kill
her This was the stabLpg case which occurred
in City Hall place on the night ef the 18th January,
bat did not prove fatal. The whole particulars ap-
peared in the Herald al the time. The jury found
the prisoner guilty, but recommended him to the
mercy o. the Court.
Daniel Ii. Lazarious, one Of the children If Israel
was put to the bar charged with forgery in the Sd
degree. 1t appeared that the prisoner cOuntereited
bill Of lading for the purpose OF raising sum from
house In Boston, under the pretence that he ha d
shipped on board the schooner Sun quantity OF rice
gned to the of Wtne II and Seaman, in Bos
ton, cunt Of the prsCne
Captain Nickenson, the master Of the Sum- had
been examined de bene esse, and his testimony was
read to the Court. The prisoners counsel made no
defence, except good character, and the jury con-
victed him.
William Muley, decent locking mechanic, was
put to the bar. charged with receiving lot Of boots
shoes hats, &c to the value of Ell COO Of one John
Stringham who had stolen them from his employer.
The goods found in the possession Of the pri
soner. at No. DIS Stantsn street, which had been
filled as store by man named StrIngham who had
fitted it for the purpose OF Sc ling the property he
stole from his employer, Mr. Remsen, 6S Water
street.
Tbs prisoner addressed the jury himself, and said
that he Was hired by Stringhsm, and knew nothing
Of his transactions, and could tell whether or
that man came honestly by the goods he employed
him TO dispose of.
The jury acquitted the prisoner, and the Court
said that il lawyer had defended him. in all proba-
blity his guilt would have been manifested.