The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-07-07

sing thst the prisoners Tad alre dy served in the
sing sing prison, sentenced them TO serve seconi I'M
prisonment Of five YEARS each at the same piece.
Conspiracy 10 Eziori Money.-James L. alias Colonel
Winree and George Cummings, were next placed on
la ,or eonsplrng together TO deiraud and at snndry
~ inthe ear s4i who appears has teen Tor come
years past iaborcg under the im resson tina. certain
PERSONS had entered into a combination to murder am
aud the sccn'eo preie nding III they had the
pot and po'tes made f supposed know leoge,
oplay upon lie disease Of til, unic tnuae
ana actually obtained from him al periods
For hs most hesrtss and haIdene conduct this criu.
NAL prosec ution is brought.
Messrs. David Graham samuel Drinker and John Sat
terlae, are associated for the defence
MIR. District Attorney WH'T,So, opened the case on
The part OF the people, and called the witness stand
His Honor the Mayor, VINO was sworn Previous
reply the question from the prosecuting officer
what he knew about the case, Mr. Graham, the
part OF the defence objected, and wished TO know what
was to be proved by Has Honor. The District Attorney
replied that the parties had appeared De ore the Mayor
and from their statement letters and other sources OF in
formation, which came TO his knowledge during the ex
smination OF the case, His Honor could materially es-
tablish the conspiracy against the parties on trial
Mr. GRAHAM objected to such evidence being given by
His Honor, who the committing Magistrate, and as
the Law had very definitely poied on: the nature of the
testimony which committing Magistrate could only
give he would demand in this case, that the prosecution
conne their examination to that point and not call upon
the May state the verbal confess ions or statements
which the parties have made while undergoing such
examnaton and cited the Of Phebe Anne Fiorewho
was tried before Judge Eiwards, for murder-when Il
offered to show by Justice Merritt that the girl had
made full confession Of the entire to him in the
OF her iather anu mother
TO admit that fort OF testimony the prisoner had not
been prev iously cautioned had her pviegeso an
,wer or decline been stated 10 her. even though she was
only by the Coroners warrant and not regular
~ committed by magistrate
The DisTRIcr ArroRNEy replied that the cases did not
agree oad they did he contcnded that the dec
sion of Judge Edwards was not correct nor would
nave been sustained, in his opinion could the have
been carried up 10 the Suprem Court.
The arguing of this point occupied the court until two
O'Clock when the Mayor, who had attend the City
Hail. for the purpose OF introducing Governor Bouck to
the q " tn 10 hahn
needed until this morning.
The next witness called the complain ant wM r.
GRAcLr who took the stand and was about being sworn
when Mr.. Graham objected, the grounds that MIR.
Gacey the subject OF this conspiracy,
MAC, and that consequently his testimony admi;
sible-and wished, that while he brought up to
establish the fact of monomania, Mr.. Gracey would be
directed to leave the court but to this both the District
Attorney and the Court objected rs was only fair to
that gentleman that he should be allowed to hear the
evidence against him, and assist by his suggestions the
District Attorney in combating them. To this the coun-
sci on the opposite side consented, and called
FEKpIsANp w. OsrRASDgR, physician of Brooklyn
the past four five ears that subjects he
sidered ha sound and capable of forming rational de
con, but on the subject OF the conspiracy, which he
mr. Gracey) supposed existed against his lite believed
him TO be unsouDdto discover the parties he had neglect
ed his business and was in the opinion OF the witness,
perfect moncmaniac.
Lon VAN NosrRAND, BARSABAs w OspoRSE, and Sc.
vera other witnesses were examined ami all agreed that
on the one subject OF the conspiracy Mr. Gracey was
not OF sound mind. Rosanna Williams negro woman,
who lived in his employ cook, that che had on
occasion locked him up at his request in Kit
chen cupboard, in order that he might discover the sup
posed murdereIs, as they were entering the house
The defence rested here and claimed III they mad
tablshed sufficiently strong to exclude the tes
mony Of Mr. Gracey on this ca'e and Cite several
thores show that sufh would be the safest
to be adopted by the Court.
MIR WHITING conened very ably that far the mind
of MIR Gracey affected the efhe conspiracy
against his life it did at all prevent him from giving
his testimony against the accused in this case Who
was perfectly satisfied he'd yed upon such belief
knowing TO be unounded and Tor the express
OF compelling him to give them meney-had il been TO
establish against the parties trial. the existence of
conspiracy against his life, then there would be rea
son in the counsel on the opposite side Directing to the
aimissbili,y of the testimony OF the nGnonlaniac.
MIR. GRAHAM again replied, enforcing the arguments
already advanced by him with much clearnes and fer
witness and the Court after consulting together sgreed
postponing the until to-day, when will deliver
its opinion as TO The admissibiy admsiblity of
Mr.. Grscey' IS testimony.
Forfeited Bail Insurtng in Lotiery.-lsaac n. Haynes,
bailed by EbeAezer Pympon; John Reed baiied by La
iayee Green, and Chds II. Petty bailed by Chas T. Bar
nard Recsioing Stolen GoodsJohn Davis bailed on two
chsrges by William A. Riker and Henry Hoffman Those
persons failing TO appear for trial. their recognzances
were duly declared for eied
Adjourned until to day at IL o'clock.