The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-09-30

ycsgang offences and complaints preferred bv The an
tnofss put each juror bound BY his oath to present
ledge. ny S'"' '" MS Ano"'
receive such evidence, as is sufficient to find bill and
that must be COMPETENT testimony uncontradiced to con-
vct before petit jury
JupcE LrscH.-The Grand Jury certainly have a righ,
to examine testimony incompetent onvict for the pur
Of pursuing to the endo obtaining legal testimony
formation to the grand jury but does not prohibit the
jurors from nquring into matters for themselves.
GRAND JURoR.-How are we to know whether the man
from whom Mr. Phelps received his normatio, is a prin
cpal or not, until we hear his name'
REcoRDER-You can ask him the question whether he
was principal or third party.
GRAsp JyaoR-Cannot we ask him what he knows of
the whole affair end is he not bound to answer
Mr. sHALER and said he took interest," in the
ter citizen, and would suppose for the
sderation of the murder has been committed
summoned before CT and Jury, the question is asked
me, what do you know of this nurder7 / answer, "no-
thing" again asked have you received no fnforma
ton the subject reply friend Of told he
was present. knew the murderer, and saw him run off
after committing the deed. Would be bound to answer
and thus secure the murderer could refuse to answer
because was not direct and only hearsay testimony
interrupted. as in the case Of Mr. Phelps it will be mo-
rally impossible to find bill against any person, for any
offence. would request the Court the District At
torney Is ABSENT to give rule in writing to govern us
in this meter.
REcoRDxR-That would be impossible it would require
me to write book evidence
sohs % suppose we have case before us
the Court tell us what we shall do in thai easel
call the law officer of the Court.
JUnoR.-He 10 not in the city.
REcoRprR-TheA Attorney General is present and will
attend you.
from that Of the District Attorney
REcoRDER.-The Court is not aware of any such diff
G JuRoR.-The Jury know the opinion expressed by
the Attorney General this floor Is different from that
entertained by the District Attorney in the Grand Jury
Another GRAND JuRoR.--will the Attorney General
state what course should pursne in the case supposed
by Mr.. Shaler7
ArroRrEr GEsERAL.-I have stated my first impress
sons in this still think it is best to abide by
the rules of evidence All rules sometimes fail and
times the community suffer, but still would cling to
them as the only safety. know Of tribunal where
man can be compelled to give answers mmateral to the
issue, or hearsay testimony.
G JURoR-Who is to decide whether the answers
the questions are mmaterial not
RI coRDER-As the Court is somewhat divided this
question think important to send for the District At
torney to examine it fully and if have taken wrong
The Grand Jury then retired, and the Recorder said
that the Court would examine into the powers of the
Grand jury and give decision in the of Mr. Phelps
Fieited Recognisanee.-H Henry Renshaw alias Mcvey,
called the whip not appearing to receive
sentence his bonds forfeited.
.aamitied.o Bdi.-Hcnry A Harriot who has been in
the Tombs for time the charge Of obtaining money
under false pretences admitted to bail by the court in
the of $1,000 Philip Hunter Of No 40 North Moore
street becoming his ball. after swearing he was worth
$40, 900 clear OF all debts, dues and demands.
The Grand Jury again came into court and presented
paper which supposed contains another charge against
Daniels for contempt which the court said should be
attended to this morning
The court adjourned until II O'Clock this Friday)
morning.
CANADIAN ArFAIRs.-The excitement produced
ell to,v
in consequence of the revolution in the cabi
net effected by the policy of Sir Charles Bagot.
What the end will be, cannot be distinctly seen now,
but doubt it sows the seeds OF great deal of ex
element and some outbreaks in year or two The
exclusive and bitter feeling which possesses the tory
party and many of the British residents of Canada
towards the French Canadians, cannot be conceived
by those who have never seen its influence within
their own limits Since the changes to which we
allude took place, the movements of the Canadian
Ministry appear to be destitute Of interest. The
principal matter in hand at present, is the removal
ofthe seat Of government from Kingston to Montreal
This change would give an intellectual concentra-
ton to the whole province, which cannotb effected
whilst the seat of government remains in little
town in the interior or outskirts of the country
The following is from the Montreal Gazette, Of
September 26th:-
The ARMY.-H. M. s. Resistance, now at Que
bee, will take to England part of the Grenader
Guards and the 9th Regiment, at ST. Helen's,
which, 1t was thought, was first for home, will
await the arrival of one Of the transports now on
its voyage to this country, before it embarks for
England The 10th Regimen, or portion Of it,
will move to Quebec about Thursday next to occu-
ny the quarters vacated by the division Of the Gre
nader Guards which embarks in the Resistance
H. M. S. Calcutta, which sailed for Quebec on the
10Th August, and II. M. s. Pque, which, it was un.
Aap h. D~I. r.I
take to England the remainder of the Brigade of
Guards and some six to eight transports are on
their way here, for the 7th Hussars and 9th Regi
ments.
NIsLo's-Four entertainments in three of which the
Ravel family appear, given at this popular establish
ment this evening The Gardens full last night,
and the exerons of Gabriel, Antoine, and the family
loudly applauded. "Thc Green Monster has now the
ascendant, and from the public demonstration of favor
likely to keep for time Tomorrow evening the
Garden closes
90 CHATHAM THEArRE.--The attractions at this
house remain undimnished, and crowded houses are
the result onight Sinclair, the popular vocalist, ap
pears in the Operas of John of Paris and Guy Manneng
Madame Lecompte appears in several dances and the
per terminate with the thrilling drama Of An
| tome, the Savage.
o. Barnum, of the American Museum is just the man
to conduct such an immense In addition to
the almost endless and daily increasing collection OF curl
oses Barnum continues give the most rich and dvers
fed bill Of entertainments to be found in the city The
great number Of ladies' and gentlemen that daily visit
there learn that the American Museum the place
combine genuine amusements with responsibility and
economy. This is Wnchells last week His new seven
character play full of humor The mechanical figures
of senor Viyald are far superior to Maezaes automa
ton chess PLAYER Families and schools will remember
the performances there tomorrow afternoon.
-5Sz- sHERMAN's LOZENGEs ARE LITERALLY
in NE mouths of all fulfilling the wish of the Rev. Mr.
Anthony who alter being cured Of consumption by them
ssd hev ought to possessed by every family in the
luohla and pla Madic