The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-09-28

of reporters has Just arrived by express from the
town OF Bedford, in the interior OF Westchester
county 80 miles from this city, where the Court oil
General Sessions of that county commenced Its ses-
sion on Monday, and before whom the Prize
Fighters arrested will be arraigned, and probably
tried.
We are thus enabled TO present to the readers oil
the Herald as is usual in all matters OF interest, an
exclusive copy of the charge Of Judge Jay to the
Grand Jury, which embraces the view OF the Court
relative TO the recent Prize Fights, well as other
subjects of interest," including obscene prints and OBJ
scene newspapers This charge, at this particular
time, is most interesting document and will DE
perused with avidity by all who have heretofore
been concerned in aiding these brutal exhibitions,
as well as those who are now, and who have al
ways been in favor oftheir suppression.
From what could be learned relative to the move
ments of the Grand Jury, there is doubt that in-
dciments for manslaughter will be found against
Lilly, McCeester, Ford, Sanford, Shanfrsid and
Sullivan, and some one or two others The Grand
Jury appear desire to present bills against any
persons, except those who were active and ener-
ge,ic in urging on this fight, or who had bet money
on the ground on the result.
Lewis Halsev, the time keeper, who was arrested
in Philadelphia, has been discharged by the Dis
trict Attorney.
The indictments will probably be presented to the
Court this day; and as the indictments for man.
slaughter, District Attorney Nelson informed our
reporter that he should endeavOr to bring some one
OF the causes on for trial tomorrow before the Ses
sions The Court will consist of the Hon. Judges
William Jay, Aaron Vark, and Ezra Lockwood.
The fight at Harris Island, between Sullivan and
Bell, has also been a subject of investigation before
the Grand Jury and indictments for the commits
sion of misdemeanor will be presented against all
the principals, and prominent aiders and abettors in
that riotous scene, the punishment for which will
be fine or Imprisonment, or perhaps both.
1t will be seen by the charge, that the mere pas
sve spectators are not considered gultyof homicide
in any degree.
The following is the charge OF Judge Jay
GENTLEMEN THE GRAND JURY -
To the discreet yet vigorous exercise Of the auhor
ty with which you entrusted must the community look
for peace and security Without your Intervention
crime be legally punished-no example made of the
the citizen from violence whenever the law through
the mbeciy corruption Of those no administer ials
to afford this protection the citizen led to believe that
he by strong enforce his rights and
dress his wrongs Hence ensues system OF lawless
violence less dangerous to the innocent than the guilty
Scenes at which humanity shudders of frequent
weak become the prey of the strong and
life and property held at the pleasure Of ruans and
mebs Law the very citadel Of civil liberty and the
surrender of the citadel is the triumph of anarchy and
That you may fearlessy and mparally discharge your
high duties and also that the community may have conf
dence the recude Of your conduct you have appealed
Searcher of Hearts for the purity intentions
gently inquire and true presentment make of all such
things shall be given you in charge and this you
do without fear, favor affection, or hope of reward"
In addition to such other matters the Court may think
proper submit your consideration it is required by
statute charge you to inquire into all violations of the
relating elections, lotteries and usury It's your
duty generally present. all criminal offences of what
ever grade, committed within the county
1t seldom that this Court finds necessary to give in
charge the Grand Jury other than the ordinary nfac
tons of criminal code but it unhappily becomes its
duty this session. present you for your dlgent in
qury" offences not only novel in Wescheser, but most
audacous in their character and most deeteous in their
tendency.
few weeks since fleet of steamboats, (no less than
ten in number sa conveyed vast rabble collected
from the populace OF the metropolis to othe islands
in the SOUND to witness two men beat and bruise each
other That this shameful inroad upon territory for
purposes cruel and disgusting, prompted by vile
cupdy is evident merely from the tact that the fight
was for pecunary prize, but also from the number Of
steamboat propretorsN reaped base profit the
on-om the previous efforts ofcertan profgae presses
New York first excite the public curiosity respect
ing the fight and then turn that curiosity to account
by pacsrds throughout the city announcing that their
papers would contain the earliest intelligence from the
field of battle brought by expresses employed for the
pose and lastly from the expeden adopted by Of the
city Theatres for filling their boxes, by public notice
that the victorious ruan would exhibit himself on their
insult to pablo decency, almost with
out parallel.
The mpunity attending this outrage and the profits
sutng from it, speedily led to its repetition, under far
aggravating and disastrous circumstances. The first
assemblage however, improper and unlawful In ITSELF
was in retired place. and offered but little moestaon to
citizens. On the 18th inst another rabbe from the
city landed from number Of steamboats, amid the dense
population of the town Of Greenburg and there attended
of the most detesable barbarous that has
occurred in countrya fight that resulted in the
death of one of the combaans and that would SEEM
not by an unuSky chance blow but by long continued
rage the contemptuous defiance by the assembled ruff
fans of the authority Of of magistrates, whose
conduct on the occasion is deserving ofthe highest com
mendation.
tits your duty gentlemen, to Nuke searching inquiry
into the partic of this affair and will form grave
subject Of your deliberations whether the homicide COM
mitted murder manslaughter To aid your nvest
cations this point will direct your attention to the
law relative to these two offences SO far as is applicable
Feionious homicide is declared by the statute to be
murder.
lst.-when perpetrated from Premedtated design to
effect the death of the person killed. or OF any human
being.
2doWhen perpetrated by act Immediately danger.
GUS to Others and evincing depraved mind regardless
of human life although without any premeditated design
to effect the death of any particular individual
II the homicide in question be murder, the circumstan-
ces under which it was perpetrated will probably be
found 10 bring within the second definition Of the sta
frmed an old and well established principle of the
mon law that he who deliberately commits an act result
ing fatally under such as clearly eyince an
utter recklessless of the consequencesan Indifference
for the life of the person to he effected by it, murderer
although he had express desire or intention to cause
death.
Thus where ailer obliged party in his custody TO
lodge in room with another infected with the small Pox,
by Which means he took and died. it holden to be
wul murder SO also has been adjudged that per-
son in cool blood malicously and deliberately beats
Their such beyond any apparent attempt of chas
tisement that he dieth, Is MURDER although he did not
intend to kill him. SO also carter seeing child fall be-
fore his cart deliberately drives over him and kills him. 1t
is murder.
should you find that murder has been committed you
will inquire not only by whom il was Immediately per
perated but also whether there any present aid
ing, assisting and abeng the act If So they them
selves guilty Of murder sprincipas The mere passive
spectators are not guilty OF homicide in any degree.
facts ia the case do constitute MURDER you will then
inquire what degree Of manslaughter they establish
The provisions of the statute applicable to such in
quiry, are the following =