The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-08-23
City Intelligence.

that was arrested last week on q charge of "touch
ing" or robbing countryman named Isaac d. Smith,
wes'chestsr County, Of $50 in money but being re-
placed in his pockets by hocus pocus mar
she had been arrested the complaint dismissed Jus
tee Parker knowing her evil propanses then obtained
me sdavt Of Cl9rk as to her conduct in the street and
al house previous to the robbery and her TO the
iehehtary AS vagrant and common prostitute for six
months. Awrt of habeas corpus was then issued by
'u"se Vaderpool made returnabe before Recorder Tall
"sose' ana argument Of counsel heard on Monday
on ah for the grenng of bail under writ of
eorryng the record and evidence in the case
oelorethe Supreme Court for their review
WIN Nj phicE. Esq. appeared as Counsel for prisoner
part OF the District Attorney and after hssring br ar
gumen the Recorder stated he would give dscision nm
nrasasyd me record end copy OF Commitment were
presented ny counsel Tor prisoner and testimony taken
before the Justice was offered by the prosecution
The argument ofcounscl having been heard,
The RECORDER decided TINT Justice Parker HAVING
acted correctly under tho law relief could be granted
to prisoner under the writ OF habeas corpus The newt
application being to issue to bail under writ of &c,
rsr He then reviewed the character of
and stated that IT, examination the record and The
hiavh OF Melinda Hoag alone, it were discretionary
with him to admit TO bail ny grastng OF certiorar
he should do But the prosecution had presented The
afiavit oflaoc D. Smith, who that he was met in
the public street by the prisoner and invited TO cohsb
with her for pay on consideration. which, in his opinion
clearly brought her within the meaning of the vagran
law common prostitute" That in addition TO this
pianaton o: to the charge of vagrancy when
nation before the Justice, which with othr
circumstances OF the case and the testimony OF Alexan
der Hong pr oduced the conclusion his mind as
that rendered by Justice Parker In this view of the
and believing from examination Of authorities that a
piicaton Tor ball. under writ OF certiora in criminal
case, was discretionary power the part of Judge
and not matter ofrght conpulsion he should refuse
10 grantthe writ Some other Judge might TAX the re-
sponsbilty but he nsidered contrar, his duty
magistrate release the prisoner on bail after an en-
animation OF the evidence that had been in the
case before him.
Mr.. PHILLIPS then asked that the prisoner be also com
med on chsra Of perjury in making the affidavit
based as the testimony of Mr. Clark clearly contra
dictory
ness and the law requiring two, before charge of per-
jury could be sustained, he could not it, He
shonid therefore remand the prisoner to conne ment
that she might be sent to the Penitenary
with the decision of Justice Parker.
On BENCH WARRANT-Joseph Page, who was indct.
ed about year since for receiving stolen goods from
persons who were convicted aud sentenced 10 the State
Prison for larceny, and who forfeited his cognizance
day, by officer Bird Of Upper Police upon bench
warrant and committed for trial.
FIRE "A Fire broke out about O'Clock last night in
the third story OF 67 Water street. occupied by Lechen
helm Brothers. importers Of segars. By the timely ar
rival OF etngines the fire got under with little or
no damage done.
CHANGE OF PERJuRY.-Samuel B. Thompson an Egg
ishman paper hanger by trade and recently one of the
proprIetors OF the Caledonia House in Gold streets was
fully committed yesterday at the Upper Police on charge
Of perjury 1t appears from the affidavit of Morris B. Co
lier. liquor agent for Ralph schoyer and George NJ
Dickson OF this city, that June last he sold Thompson
and his partner, b. Iadden. liquors tothe amount of
S?65, taking their in payment, and believing the
representations they made to him of their ability and
means to pay when due Finding afterwards that all
these representations false and none OF the notes
being paid he made application at the Upper Police after
Thompson and Hidden for obtaining goods under false
pretences and the former arrested and lodged in pr
son on the charge welcn lawyer named Lloyd, OBJ.
tanned writ of habeas corpus from Judge before
the final commitment of Thompson and his dis.
charge on some sort OF security having been entered for
his appearance to answer the charg alleged him
On the third of August, Thompson before Justice
jones and made affidavit that had been drawn up by
Loy to the effect that the complainant against himhad
dismissed by Justice Gilbert owing to the non at
tendance Of Cohen who had preferred it. and also he
had been refused an examination at the Police Office and
was incarcerated in miserable cell. where he would
have died overnight ii relief had not followed by the
ton under the writ OF habeas corpus On this sdavita
writ was issued against Cohen for false prsonment
and he held TO bail in the sum OF 0O0 TO appear
and defend the suit On inquiry TO the facts in the
case be found that the charge had been dismissed
by Justice Gilbert and that several other statements in
the shdavit on which the civil writ was issued,
is and therefore procured the Of Thompson
peJoIy when he was held to bail in the $500 to
answer the charge. Thompson said when arrested that
he was not fully Of the contents Of the aay un
ii! he saw it atthe Upper Police.
SsNrENcEp.--In the Special Sessions Yesterday Will
liam ann, who was arrested in Broadway on sa,ur.
dsy Tor attempting to kiss Young in the street
months for the assault On receiving the sentence he
said 1t was all wrong as he should kissed her II all
Ehgiahs, ireland and France he'd been looking him.
and wasas unjust to punish him for thet offence as il
would have been to have sent General Washington 10
the same place for crossing the Delaware He is un-
an ipsane man.
KNicKERBocKEa STocK-It is rumored TINT tho Ness,s
Pecks bave offered the round S24OOO for the new
North River steamboat Knickerbocker.
CousrfRrEiTs-One dollar counterfeit notes of the
Bank OF Rome new plate) in circulation The sig
natures we'll imtated but the engraving is rerv ts3
and the paper too heavy.
BRouGHr BACK Officer Huthwaite ro,urncd from
Philadelphia yesterday with colored named Jacob
Anderson, whom he brought r'quisition answ or
charge OF burglary in entering tine ocery store of bo
mas Hacden in Orange street, in july last in company
with Lewis Gardener aud stealing several chests of tea
ana other goods Gardener has been in prison several
weeks
CRoToa Aqvrpucr DAMaors-In the case Of John NJ
Bradhurst b,iOre the Wee Chance application by
petition to regulate the Water Commissioners IL was de
cded yesterday to oppoint appraisers damages
have been received to his farm by the passage
OF the CTotop Aqutduct aud To allow the Corporation and
the petitioner reasonable sgre on the selection OF
peisons for that purpose. The ground having thus been
iarly broken numerous applications will follow on s
heels
STEAMBOAT OPPosiTIoN.-Robert L. Maybey captsin
OF the steamboat Robert L. Stevens appeared at the
police ohce yesterday ming and made affidavit that
on the day previous, while White stone, in the
Sound the steamboat FAN field, commanded by Captain
cousiy and wanoniy run into his boat striking her aft
the arboard boi ard thus endang the the
passengers and crew. His statement confirmed by
number OF passengers who board, and the can
tain and pilot being sent for they each hello to bail
10 the sum Of $500 to answer the charge before the Court
OF General Sessions These boats in running
an opposition TO Glen Cove and If such conduct is con
tinued, may expect to hear of collision followed
by coarse of boiler aud the life attendant
upon such occasions Had the Fairfield struck the her
hoat few feet further forward, doubt such COLLAPSE
would have token place on Monday. Wood was the nj
lot OF the American Eagle that into the Jacob Bell
last " eek.
THFEr OF WATcH--Two negroes Samuel Seaman
aud Allen Draytcp, were employed by MIR Chas Baker
OF No al Grand street 10 bail out his basement yesterday
morning and fish property from the water They
worked away very diligently Tor time, aud rescued
BUREAU and placed on the side ak Mr. then told
them where his silver watch laid In the has emebt and
wished them TO get that but they refused work any
ger and retired in disgust Another came along
and he was despatched en- the subHarDe exploring expe.
tion after the watch but returned with The intelligence
hat was gone The TIVE negroes Immediately ar
rested and committed for the theft.
Nlmo's-Jony rroN--To-night this popular
L.. L e. Il