The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-03-26
General Sessfons.
Before his Honor the Recorder, Judges Noah and



VIM. Shaler, Esq, Acting District Attorney.
FMpAY, March 70 Case Of Amsry and Lesds -
At the opening Of the Court, the Reco'de, stated
that they had aot definitely concluded to fix lay
for the trial Of this cause, but they would propose
the first Wednesday of the next term, the Oh Of
April, and il the District Attorney did not then
proceed TO trial, the Court would be prepared 10
make such psremp tory disposition Of the cause as
would bring il t. a close. We understand that n
aoRe proseq,t will be entered on the day named by
the Court for trial
Case of Adolph G. Enga This person was in
dicted in the latter part Of the year 1871 for perjury
in making affidavit in 10 bill In Chancery,
brought by complaint Of Joseph II. Homer, David
w. Seecy aud Frederick H. vanderbergh. They
had obtained two judgements against him and MS
wife, Formerly Amanda A Mott. mliser OF the
Bowery,) for SO Il A. and the other for 22z "a
and on being cited IL appear and answer, they al
legged that he had com nitted perjury in an affidavit
made before Stanley Sherwood, Co%nlsslonsr
The case argued on demurrer, BY Messrs GaA-
HAN and Cook At the last term, and Judge Lynch
delivered the following opinion Of the Cou,t yester
day Observation-Disclosures ~ n.;..
ment that the matter charged to have been fal ely
sworn material issue pending. and there Is
not sufficient matt, alleged and set forth, from
which it may be determined whether the matter SO
sworn to. wa: m atelial or not. Therefore, judg-
NEST for the defendant.
Case of JPm. H. Do55in.-This man, who is a
ship-oner, presented himself at the police office, in
the month OF ,tober last and justified IN, bail for
who was charged with felony, in the sum OF s 1900;
aud few days aerwar ards also appeared as security
for John Williams, another old thief, who was
charged with the same crime, and justfied IN the
sum OF 5000. Circumstances induced Messrs.
Osborn fand Calls clerks in the Office, to sus
pect him one OF the STRAW ba,P breed, and upon
further enquiry he was anese and indicted for
perjury In two separate bills.
PETER B MANCHESTER, Eq his Counsel, ap.
peared yesterday and moved IN II he be discharged
from his recognizances, owing TO the delay ON The
part of prosecution To bring the Cause to trial.
WIZ. M. PRIcE, Esq counsel for the security
of Dobbn, stated that defendant had been prepared
for trial at nearly every term Of the court since the
indictment hsd been found his counsel had
repeatedly urged the District Attorney to name
day to try the cause, and had - repeatedly been
put off for another term He therefore hoped the
court would discharged the recognizauces.
The Acting d. .rRIcr ATTORNEY objected to the
recognizances being discharged, because material
witness in the case was prevented from attendance
by the sickness Of his family
The CoURr stated that they doused their pow
to enter nOiie prosequi in the cause without he
consent Of the District Attorney, and that the dis
charge of the recognizances equivalent to that
power.
Mr.. PR,cE replied, by informing the court that
such power existed with them-that during his
practice in the court he knew it had been repeat
eddy resorted to by the court, and that Recorder
Riker, while presiding. had lime and again entered
noAe prosequi even while the District Attorney
had dissenied
The CovhT asked II ne could rel 81 10 any Iecoro'
ed evidenced
He replied not but his memory was perfect on
the point and he could not be mistaken as to the
power, the right, or the practice Of the court in
this matter.
The CouRr ordered that the recogniz ances be
discharged IN both indictments
Case of Charles Alerrin.-rhis man, implicated
with John Haynes, was indicted in 1910 for grand
larceny, in stealing fiom Peter Warrington, Of
Cape Henlopen, Della aware, Sl43 in bank noies. be-
ing the property Of Warrington and Benjamin Nor
rls, of Perth Amboy, N ] They persuade him
into The cabin Of avessei lyng at one OF our wharves
and then robbed him and locked him in J. Is. La
forge, Esq. appeared his counsel and moved that
his recognizancts be forfeited, which the court
granted.
Case of Jones l.. Lockicood-This man was ar
rested time since 4 charse OF false preten.
ces, but no indIct nent having been found against
him, his counsel, Peter B Manchester, Esq. moved
that he be discharged, which was granted By the
court