Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-04-06
Court OF Common pleas.

Present, their honors Judges Ulshoefer, Ingrahnm
a and Ingls, the Recorder, Mayor, and twelve Al
dermen.
In the matter of Henry w. Merritt, ads. the Poo
pie etc-Charles O'Conner and +. b. Cutting, Esqs.
appeared as counsel for the accused, and the Dis
trict Attorney for the People.
After the Court had been organised, the District
Attorney read the order of the Court for the
ed to appear and answer, together with affidavit
Of the service of the charges which would be prefer
red against him.
The learned gentleman then read at length the
charges, which consist of the following pretty high
handed accusations:
That the Justice, while police officer, connived
at and witnessed the preparation OF a burglary.
That himself, Zebulon Homan, and William W.
Sparks leagued with a counterfeter named William
Moore, to get the said Moore released from prison
by the sacrifice of another notorious dealer IN bad
money, named Alexander Seeley.
That the Justice, in conjunction with the said
Holman and Sparks, concocted robbery, along with
Moore aforesaid, and others, which they were to
perpetratc, for the purpose oil the officers getting
some $40 out of which the accused received $40
That since his ele walton TO the bench he has COM
mitted wilful and corrupt perjury ON the trial OF an
other notorious counterfeiter, named smith Davis.
That he neglected to commit thicf to prison on
one occasion; at another, a notorious receiver of
stolen goods, and lastly burglar; against each and
all of which individuals the proofs Of guilt were full
and ample, and in the hands OF the accused
These charges supported by the oath OF citi-
zen named John Emmons whom the District
Attorney stated TO the Court, was as respectable
man as any in this community, and capable OF re-
spending either personally or pecuniariy, should
the accusation not be fully supported.
Mr.. +. Is. Cutting then rose, and objected to the
charges being received by the Court, or to the
cused being put to his answer, because they were
not efficiently formal, aud because only one person
had been named the accuser, and his oath not suf-
fcient to answer the end which the District Attor-
ney had in view.
The District Attorney again addressed the Court,
and said that should it happen that the present
proceedings fell through, account OF any infor-
malty, his learned friend might rely upon IL,
that the accusation should be reiterated again and
again. even il he himself were compelled to stand
the accuser the Justice, before this community
The learned gentleman added that should his oppon-
cats succeed in this motion, he thought II would re-
dound greatly to the credit and character OF their
client.
Mr. O'Conner then made long and rather vitu-
peratiye speech, in which he said that himself and
associate the part Of their Client declin
ed to meet the charges until the necessary legal
forms should have been gone through. Heidi not con-
slider that there any charges before the Court,
although some printed matter had been read, and
great fuss and parade made through the newspa-
peers The learned gentleman then cited the case Of
Jus Use Boodgood, in which grave accusations were
made, and yet quashcd by this same Court. He
thought that what was law in 1899, must be law in
1870 and what was legal decision Of this Court for
Justice Bloodgood must be equally so for Justice
Merritt.
The learned gentleman having sat down, the
District Attorney called the attention Of the
Court TO the case Of Justice Valentine, who
cuscd, convicted and removed in a precisely simi-
lar form to that which had been adopted in the pre-
sent case.
G. J. UIsboehur, said that the Court must be clear
ed to admit Of the members comforting together, and
that in all probability opinion would be delivered
on Monday morning.