The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-05-13


convicted of forgery in the I'd degree for passing
three dollar counterfeit note on James Morehead
and Hiram Horton, charged with perjury, was ac-
quilted.
Court of Oyer and Tcrminer.
Beofre Judge Kent and Aldermen Balls and Hatfield.
MAY N.-DEcisloS THE CASE OF JomsC. CoLr.-The
prisoner was brought into Court when Judge Kent read
the decision in relation TO q motion Tor new trial
In reerenceto the persons employed by the Sheriff to
summon the Jury, the Court after stating views saw
no reason TO disturb the verdict on that account
The affidavit of Fredk ~ Kenset to the jurors
versing from the windows after they had retired is
radcted by overwhelming evidence and this point also
falls to the ground.
The principal ground of the notion that Nathan X.
Hustled OF the jurors had previously expressed
opinion to the guilt of the prisoner fully reviewed
by the Court. The remarks of Mr.. Hustled were made
at his own house in October last They were casual and
unprecedented and unaccompanod by discussions One
OF the witnesses stated that he did not believe Mr.
Hustled had at heart" Mr. Hustled himself under oath
says If he did at any time the xprcssons charged
upon him they made in careless and loose manner
without their leaving the slightest trace his memory
that when he was sworn on the ,ry his mind was free
and unbiased either for against the prisoner and he
went upon that jury with pure mind and unbiased
judgment, as it is possible for any human being
to have" The affidavit of Wilson the Court does be-
eve. After citing various cases Judge Kent ruled that
the dispositions do not show that Mr. Hustled incompe
with the prisoner that he had knowledge Of the facts
in the that that there is evidence OF any opinion
except two three eytravagant expressions made
without malgnity or even reflection, and which out
weighed by the testimony of Mr.. Hustled himself. AS
the question of alismen the order sustained by this
Court and unless the Supreme Court to which the case
has been carried shall the decision it be
sdered as valid.
The following is the close Of Judge Kent's Cpl
mon
But the last and greatest objection to revision of this
is be found in the consideration that il verdics of
juries are lightly set aside in capital cases for some
pressons alleged testified to have been used previous
to the trial the administration OF criminal justice will DO
icarfully and irreparaby injured Charge like those
brought made .
disproved' Like all recollections Of mere language
connected with conduct or events they are liable when
honest great mistakes and misconsti uctions and
in of all testimony Of words alleged TO have been
spoken, the person tcsyng can place his testimony
where direct contradiction impossible and punishment
for false evidence beyond the power of the law.
The verdict of jury and ought to be solemn and
from outward manifestations, did jury hear consider,
and render their verdict with greater decorum debera
tion and proprety.
This Court not under the afdavits produced dis.
turb this verdict and they deny the motion, under the
firm conviction that granting it. would be setting prece
dent that would impair if it did almost vitality wesken
the Of justice in criminal Of magnitude
and importance.
Colt (who had listened with deep earnestness to
the remarks OF the Judgc) received the decision as
II he had expected 1t as matter of course. Sen
tence III his case now awaits the decision OF the
; upremc Court.
T,iat Of Wm. L Stove. for Lissl o. ne Court
ketchum David Graham, and n. B. Blunt appearing for
the prisoner and Mr. Whiting, District Attorney on the
sstan, editor the Commercial read He that
he wrote the libel from information given to Col Stone by
person who showed two notes sent by Mr. Halle to Mr.
Vandervoort, suggesting that Alderman Lee be notified
of the Judges OF Oyer and Terminer, with Mr..
Vandervoorts and who also verbal nforms-
ton. He refused whether not the person
connected with the administration of public justice in the
city.
fence His address to the jury occupied some time He
concluded by saying, that if col Stone sent to the
pententiary, he would be accompanied by the good
wishes Of the community and he would rather be III his
place, than Judge on the bench
Mr. VANpERroor. Clerk ofthe Oyer and Terminer, was
Pury and Hatfield VOORHEES, for the term of the Oyer
and Terminer but Judge Kent was DESTROYS OF having
some gentleman with him acquainted with law, and he
substituted Alderman Benson whom he selected With Al
derman Pury. Mr. Hallet sent note to his Office remark
ing that Alderman Lee would like to be of the presi
ding Judges He returned Alderman Benson,
but second note by Mr. Hallet stating that he
had Judge Kent and was all right to notify Alder
man Lee. He did So The three Aldermen appeared but
Mr. yielded after the second dav. These notes had
been obtained Of him by Judges Lynch and Noah who
had them in possession
entertained by Messrs Purdy, Lee Whiting Cowdrey,
and others. He said he appeared judge of the Court
Judge Noah testified having given the notes and in.
formation to Mr. Stone He also said he consented to
no proseq from having been called upon by several
persons. incluuing some ladies' to do so.
MIR. p A. Cowdrey, Counsel the Board testified to
having been called upon by Messrs Purdy and Lee to
frame legal opinion they debating their views and say
ing that Judge Kent first favor of fine but they
belev ed had changed his mind strong political effort
here made out Of Mr. Cowdery all the onions
he had been called upon frame in relation to the organ
zation of the Court Of Sessions but was overrued
The Court adjourned to this forenoon.
ELECTRICAL DISCHARGES. These curious pheno-
mena called % sheet lightning" were seen in the
air, over the recent great fire near Forsyth street
They were vertical in their movements.
EASTERN PAPERS. We are once more indebted to
Harnden g. Co and Adams & Co., for Boston pa
pers, and Beacher & Co, for New Haven papers, in
advance Of the regu,r mail
FROM TAMploo The Pensacola Gazette OF the
30h ultmo announces the arrIva! oil the frigate
Macedonian, Com. Wilkinson We are indebted
to the politeness of Com. w for Tampico paper OF
the 7th The frgate left on the lith, and the Uni
ted States Consul informed Com. W. that 400 men
were on their march from the south TO join the 500
to be sent from that place to Matamoras, tor the IN
vasion Of Texas. The Governor OF Iampico also
informed the officer sent by Com. Wilkinson to call
upon him, that it was the intention of the Mexican
government to invade Texas without delay.
90 A CONSTANT RUSH OF STRANGERS and
citizens made day and night at the American Museum
and it is matter OF no wonder lor cerssny no Pnas
such an endless variety OF talented and novel
for any price much less for twenty five cents In the
first place the collection of natural and sr'hcia GU
rositics here fill six spacious Halls each one hun
drcd feet in length and embrace every thins wonder
full which has yet been discovered Then We have 0
company Of Indian Chiefs and squaws the mysierious
fortune telling Gypsy Girl; Winchell ~ best Yankee
drollerst in America Miss Rosae, the charming vocal
st. Celeste the beautiful danscusc Animal Magnetism
Albno Lady 500 Squirrels from Ohio all alive. Glass
blowing Grand Cosmorama Niagara Falls &c. SC. Day
visitors are admitted free in the evening
II