New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1841-05-03

81 los 1885, ls3, los, ls3, J'o
cor.r or GrysnAL foss-S.:qrday-nss rs;,h
corder Judges yneh and ns' ara C,oIine Lornan
Cas Of Vqdne Re-in the case OF Ia opinion Of he
-, " lane Resell! the Recorder declared s f. ,nasbnr
Cu-r which was unanimously against ' The opinion said
,Ijcr.n The Recorder m Proaou.t; t I'D ;-,ne, IA
inc ltrIiie" IL Tn. motion quash tue huc0iIen' -
h.sed on a, affidavit of Mrs ohraah' - - D-c 49,
os,u - -, i,f-e the Recorder a'l' l'9''' Az
OF Ms Purdy take" fsiy 70 ard consequently
Ht III beoro the Grand JGfF' ana Fe'e''c4 ~ "a
-, az evidence ard ho' It VAa'ei '''0 , - TT
couE DO this reason~as bound 10 quasi Ahe
Cocrr II ~ with the Cosusel the power They pos
- nnn.b Indictments Tor adequate talse Or pa-l9r &c
r. Cont Ina. frequently exercised the rigft which Is
iec ~ the Cor ,itusn where the inacuncr; grossly
ar vine suid by less than the ega! number OF
Gd nrors The dHty the Court to preside over the
proceedings Of the Grand Jary and instruct tHen a 10 a w
E i and TO see thai properly enforced Inc Grad Jnr'
ia 20 see that there probable OF guilt before me- car
roceeI indct They merely accsatory tribunal ano
&c the difference betvcen and the petit Jury that tt
laer REQUIRE positive proof and strict construction the
OF evidence while tho latter does not require so nuch PROOF
of strictly character and present person o
an offence The Grand Jury exercise II TACT hai may be con
sidered supreme control accusaioTy point OF view. ne
are the psnnla branch of Criminal Court: and ter pro
cecdcs are entitled respect and are 10 be approacheo
crea, care be trusted with great caution or II th
Court could at any interfere with pleasure OF arrest UT
proceedings Of Grand Jury the Objects io "ich iai D!
created would entirely defeated and justice interrupted ia IL
core II i. utv OF the Court therefore 10 see ta W Pc
c- mowers incident 20 Grand Jury be sustained ana en-
forced and The Court unwilling interfere and quas az IN
dcnen without strong and substantial causes or gross oee'ts
And so tenacious law tins SUBJECT mat an
nc
agree do it The Court however possess 'hg loHtT
ouashing Indictment when sufficient causes 10 authorize e
to do it are presented A. iof instance
1st If an Indictment defective lis face by the itTouc
ton of wrong other matters OF detect
calculated vitiaic It's form anu substance
Cd Where the Court nave no jurisdiction as IN tc case
Fcreirn Ministers who are anenae the State Laws an'
over the State Courts legitimate author
~. Ao,ns, such ordinary Indictments be entertained
To authorize the Court qaash Indictment the seiec
general must gross and apparent especially as IN
accused the rghtto pvt or to move an arrest
uArcaen intended however that the indictment III lues
ZION ought To be quashed SIMPLY because he ahd9y OF 81
Purdy was laid before the Grand Jury But the affidavit OF th
accused does not show this important fact; viz that the ndlei
nent found Soy the aSav OF Mrs Purdy or Aethe
partly partly other testimony IL IS therefore de
cctve and insufficient other testimony may have been INTRO
duccd en- which the indictment founded Beside IS at
right Of the Grand Jury to receive the ada's oil an accusing
narty or authenticated copies of SUCH aihdavs which have
often been laid before them and the same strciess OF rule II
rcg.rd 10 testimony before remarked required II
Grand Jury before petit Jury the trial OF party &C
ed In The several cases cited by the Counsel for the
cused do i.d solitary wherein the affidavit made
did no, state that the Indictment founded SOLELY the ev
dence complained of Illegal and therefore the
quash.
Judge Lynch expressed ms concurrence III TIE OPINION pro
bounced by the Recorder
His Honor Judge ln cencured with the Recorder and read
n long written opinion for the whole OF which have space
He sey7aRr the cited by the defendants Ceun
sel ms also the objection that illegal testimony laid before
the Grand Jury before the indictment found lie 1Id that
in his opinion the Defendants Counsel failed produce any
case where their proposition has been sustained but that the
authorities lean strongly the opposite doctrines Nor do he
hrmcd by any legal principle or anelogy
The finding OF the Grand Jury he said merely prcm
nary and intended have influence uoh the final de
cson of the cause upon It's genera: merits where then 1t docs
not appear but that there evidence other than what OBJ
;eed 10 Illegal before the Grand Jury sufficient warran,
the Indictment ne would deem improper Tor the Court 10 IN
erfere all In addition these views he Observed that
euash indictment OF the improper adns ties
before the Grand Jury winch Ish ny PpsslDy nave
affected their minds would open opportunities for the OBJ
strcon cf Justice and would tend similar motions in amos
every case criminal He therefore clearly
tho 10
MED and that the defendant plead 1t III the usual
In arriving at this conclusion he said that he had deemed
necessary any thing in relation 10 the onsi OF the
deposition of Mrs. Psrdy on the trial OF the indc'"ent
Mr Morrill, OF Counsel then said he would move the Cour
for prepare plea abatement and plead 10 TIE
risdc,on OF the Court This the District Attorney opposed
and the Cen refused grant the motion and ordered that Mrs
Lohma alias Madame Resc to plead to the indictment She
then brought out OF Court arraisned pleaded not guilty
and day in the May named proceed with the trial
her She was then Femandca 10 prison
SPECIAL SEssIoNs-Saturdoy.-BcIo Judge Lynch and
Aldermen Ferris aud Smith.
John Iowene was tried and assault and
battery William Foster watctnan and sentenced TIE
City Prison for 20 days
CoRoxEns OrrIcEThe Coroner Yesterday held an nquc
the house OF John Gaming in Wcsist between Hoato
and the Great Kiln Road the body of unknewA aged
about so who found the OF Horatio
North River under bridge having apparently been drowned
considerable length st time he clad IN black iroch
coat black cloth Thin stuff pantaoon black silk
white flannel aud shirts India rubber sespender wooeu
hose and hrosaas. HIS head bald. Verdict Of JEry-
Found drowned.
Police orricE.-Charsc Of Repe-or Saturday, Offices
Tuppa and Cockeair arrested inulao named
Green charged with having committed rape Irish Cir
named Susanna kensgan OF No Bronds She acpnscd
tina, Green and his wife reside in the upper story the large
buildn. of Nassau and Wallsreci;at they
Moved every morning clean out the suit e rooms occupied
lawyers aud others III whcR business she assisted thca
Oh sunday morning the 5h ait between and clock after
Green's wife had goae he down the basement
where she work locked the door inside sliced hen and
after long struggle oyeTpoweged her and finally consunmaed
his purpose This he denied bat held TO ba IN $1,000
which lie gave and discharged.
Various ThcftS-Thomas Kinaken arrested Satur
dav imprisoned for stealing harness and trunk rou No
10 Fuitons-
james Gayncr arrested and committed for puoing
pair OF boots worth from CyjSpr Taylor No. % Canast
William Henry arrested and lodged in prison stealing
a pair worth - % FROM John C. Henderson No 49,
Broadway
Samuel johnson arrested and prison for stealing
81 from Allen leson, No Harrison and Ass for steal
ing silk handkerchief ana linen and capes from Hannah
Gary, No. 1873 Churchst
John Williams arrested and committed Tor stealing pair
OF boots from Horace CosSwe, No. 3S2 Broadway.
.iuempt 10 commit Bursi0ry w aicitnan Ourk about