The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-08-08
The Charge Of Conspiracy to Dcfraud the
Atlantic Insurance Company.

|
terdsy OIL writ habsas corpus issued by hedeendant,
Bergen who attended by two exDisrct Attorneys,
Mr. VIM. NJ Price and MIR. Phenx and by ex Judge,
| Mr. sandford, as his counsel Mr.. James X. Whiting,
District Attorney appeared for the people, near whom
we observed several legal gentlemen Of this city, who
were UNDERSTOOD be counsel for the Insurance Compa
| n.y. There likewise present the President of the
Atlantic Insurance Company several directors and stock
holders, and the Inspector OF the Company Hamilton
the other person implicated in this transaction, in
attendance with his bail, and many others who were at
| tracted by the great interest felt in the case.
The RscoROER called the and for the return to
the writ. .
Sold these are our adavi.s, which the commit
ment is made.
The RECORDER enqured what return had been made to
| the writ.
Mr.. WHITING said the keeper OF the Jail whom the
writ had been served returned that he held the defendant
in custody by virtue of commitment ISSUED by Mr. JUS
tice Matse which forth the defendant, James
Bergen, the oath of Walter r. Jones' and others,
charged with having in the county of New York. for the
last twelve months and upwards, been engaged in com
pany with jeremiah Hamilton and others, in conspl
racy to defraud the Atlantic Insurance Company Of
large amounnt OF money and upwards, aud with
also having suborned Richard Sutton commit perjury
for the purpose of carrying on said conspiracy.
Mr. PAIGE epquired that was all the return that was
to be made He wishedhat point determined at once
that they should have nothing else coming in hereafter.
Mr. replied that S he relied on the return as
qured that the keeper should produce the body Of the
PENDANT with the Of his detention Mr. Bergen
there present. and the keeper also returned copy OF the
Magistrates OF commitment, but If necessary the
original should be produced.
| MIR. PRIcE.-Then the case is closed.
| Mr.. WHIriSa.-Yes, rely on the return made.
Mr. PRIcE then addressed the Recorder the case as it
frst conspiracy defraud Insurance Company and
next with having sutornac Richard Sutton to commit
perjury the charge Of conspiracy was general, and
such offences were punishable by Imprisonment Tor ~
months and fine of $a50 but in neither were there
any circumstances annexed to show that the offence
| charged fagrant than such cases ordinarily
Now in the case OF Captain Harvey, who was in
dcted in the United States Circuit Court for murder and
in the Of Captain stone, who indicted for scu
ting vessel, both of which were offences punishable
with DEATH the Circuit Judge (Thompson( held the
the Recorder in this case ch was punishable by
fine Of six cents brief imprisonment to exercise his
discretion the amount Of bail that should be required
and 70 enforce bail that would be uncalled
| for and oppressive.
The Recorder sold he knew nothing of the facts Of
this case, othor THAI learnt ircm the Commitment
which the ailor had returned but Fl om thai appeared
the defenden charged with consprng to deraud an
Insurance Company Of the Of $4,000, which was in
ise very serious celce; bur beyond that there was
The grave chargeof subordination of peuy, which re-
llired very high bail H' should not think $4,000 too
high fix hai. for the latter charge alone, and
n there would remain the spracy &c be taken into
consideration Whet Yves The object Of bail twas to
the OF the individual accusea at the time
OF trial. lille $3.50 would be sufficient in some cases
in others where the pal ties were better circumsanced
S. would be Intellectual. lie should therefore, take
all the circumstances ofthe ipo his consideration
Ma PRICE ked that the writ of habeas corpus was
issued i the appearances Of the parties there to ne
high amount bail But if the papers were ROT al
furnshedtc show greater degree OF cuipaby than IN
ordinarily he supposed the Recorder would not so
treat it, and that he would fix the bail accordingly:
| Mr. WHrrlNe sad he had supposed the writ OF haheaS
might have habeas corpus to bring parties to show
why person in custody detained or the Legality OF
be brought up for the purpose Of being baed writ
OF habeas corpus might be issued BRING up parties
be reorsed s to- But this case not for the
purposes of ball. otherwise notice would have been re-
qusie to the District Attorney.
Mr. PHENx interposed, and said such notice had Deen
given of that intention .
Mr. WHITING replied that notice in accordance with
the requirements Of the statute had been ven for such
notice. amongst other things should give the names and
places Of residence of the to be offered as ball
was void and o. no effect. He then proceeded with his
statement oil the purposes Tor which the writ OF habeas
corpus might be issued party might either deny that
he properly committed properly mmitted ne
might affirm that he entitled to bail II he denied
that he properly committed then he brought bis writ
Of habeas corpus to show why he was detained But II
he admitted the proprcy Of his detention, did not
contest then he res1rted to it to bring him be
fore Judge to be baed and in that case he must give no.
ce to the District Attorney that he intended to offer B.
c. as his bail in which case the MAGISTRATE would
require the documents which the had been
made to enable him to Tx The proper amount NOW IN tn's
the prisoners counsel had proper to issue the
prisoner was detained and !, was enougS a. an answer
TO their writ to return copy OF the commitment. he
contended that under the process which had brought
them there the prisoner could not apply be bailed at
ALL this being simply process TO show cause why ne
was detained, which was shown by the return oil the
Magistrates warrant Unless the opposite Council could
show material and fatal defect in the commitment he
should continue to object until they had given him the
notice required by the rule Of the Court
Mr. PHGSIx, CONTRA disputed the doctrine advancedby
the District Attorney and contended that the case was
brought before the Recorder by habeas corpus the Re-
corder could review the whole proceedings lie also
d s
Mr. Pace and Mr.. SANFORD also argued at great
length. in opposition to the position taken by
commended that the Recorder could admit to ball. and
the District Attorney had produced evidence to
show that the offence charged oil great hagrancy
the prisoner entitled discharged giving the
| lowest amount Of bail required in such cases.
Mr. WHITING replied with his Characteristic ingenuity,
legal acumen and eloquence reairmng his objection to
any nterposion Of the Recorder under this writ Of ma
beas corpus inasmuch as had teen fully the
return showing legal detention He however numased
that the parties opposite might bring all the papers before
the Recorder by cerlorar or they might contest the
efficiency evidence and then the prosecutor must
produce and If a sufficient case were made out the
Recorder would be required TO re commit The party
called upon to this wrthe keeper Of the city
Jail was never in possession OF the evidence which
commitments made and therefore he could only re-
turn she warrant OF magistrate, as he had done ne
he District Attorney not in the habit oil interpos.
ing technical objections when he got proper notice. put
in such a as this he deemed it right todo So ~
Vhe argument both sides gone into very iulIy
hvh have for than this imperfect out
line The Recorder ntimated that he should require
consult authorities before he could come to DC
cison in Of much Importance, and Tor that pur
pose the postpone until ibis morning Some Of
tne Srounnst aken Dy Weie
novel 10th by the Recorder and by the legal gentle
men by whom he opposed and If they are sustained
they will materially, aud it may be wisely aud with
sauary effect cheuge The proceedings under tnat much
abused wri. OF risht-the hooeas corpus.
! DRtvss OUT OF, TowN.-We have many de-
] Iehtu spots in the neghborhood of the city, where
| one can enjoy of pleasant Sumner evening all the
pleasure which the country air agreeable scenery
and an ice cream or sherry -cobbler can afford.
Amongst these suburban resorts Nowan's Prospect
Hill in the immediate vicinity OF Yo.kvile, and the
ABBY Hotel on the Bloomngdae road, are emf.
nenty conspicuous. We do not know more de-
J lighiu drive than TO either Ct these charming
places.
| MONTGOMERY HALL, ALABAMA. attention