The New York herald., 1844-11-23

CITY IntsIligence.
of tSs Police oces out Of the usual routine Of OF
drunksness vsgrancy, assault and battery, &c. &c.
Ooroner's Omce.-NOthing Of any interest st the
cosonsrs 0Is dsi Ss GDs Ic nassr Affection
General Sessions.
Before tho Recorder and Alderman Winship and Has,
M.rr..u c. PArSssor, District Attorney.
Nov 2aCa Of the Sunday Otcsr una Csssesr . ssr.o %
Lap james Htnf-James Hunt, lawyer, ana tns person
who lodged information against the keepers OF many Of
the respectable hotels in this city tor selling
Sunday In the discharge Of his duty az sunday om
cer Mayors Marshal and who in such capacity com
mitted violent assault and battery with cane upon
follows III the court please Robert j. Martin, one OF
the Mayors Marshals made complaint against me LOT
charge Of my duties SUNDAY ocer about months
ago, and upon which complaint gave bail. have en-
to have the 2. ns %
jury but they have not acted uponh yet, and the
woman believe, Is in the State Prison Blackwels
Island or where else, and ask the court to
make some order in the case-either to enter nolie
have the case presented to the grand ary
The DISTRICT ArroRrEY said that he had not examined
his papers, but supposed that the witnesses had been sub
panaed before the grand jury, and that he should not
ssn'sos ssn e hayuE about 1 ''u .
CLrnr.-An indictment was found the l4th of this
Husr.-(Appearing surprised and turning very red)-
Has there been ore found Then was mistaken but
that's all want.
Case Of Ciemens-ohn Clements convicted Of perjury
i'm IN the State prison sfsr listening to
delivered by the Recorder who commented upon
the enormty Of the offence Of which he had been convc
ted aud characterized his conduct the most unpara
elsd unmgaed piece Of villany that ever came be-
fore and jury said that there wa: very great
to believe that he had induced his brother to com
nit perjury also upon the trial in this court
Rsconsdered Sentence lin the case Of Samuel Jackson
black who sentenced to years imprisonment 10 the
states prison for burg sry under msspprehenson as
to tho grade tho Court reconsdered their sentence
the law allows in OF burglary in the Ind
degree
John A. Monroe, nephew of Col Monroe, who was in
diced toran assault and battery upon Charles OConor
ESQ., member Of the New York bar, and to which the
defendant plead guilty the Court called upon him to re-
that
in which Mr. oConor was engaged as counsel, he used
certain expressions which the supposed rehec
s @ s S
he then abored under induced him to break cane over
his head In opposition to this affidavit from Mr. o.
warrantable language towards Col Monroe said any
thing which would warrant the commission OF the as
sault.
The CouRr said they were aware that counsel often
travelled beyond their duty, and used language utterly
with regret and they could appreciate the feelings Of the
defendant They could not however overlook the vio-
ation Of the law sad felt their duty to inci M pun;h
committed offence of the like nature The court
could make position in society
sible that man ef intelligence and education whose
duty is to set example to those beneath him, should
The court therefore deem their duty to naie
punishment and accordingly order and direct that you be
M o:
for the interior of the Tembs evidently greatly astonsh
ed at receiving sentence 30 different from what he had
Sentence Susperded-In the case of Michael Walsh
who plead guilty to indictment for libel on John
Knowles and an assault and battery sentence
suspended till tomorrow, in consequence Of adavits
which had been submitted to the court in mitigation, and
which they had not had time to examine.
Recognizance Dischareed-In the case Of Stearns in
dcted with another for conspiracy to defraud the firm
Of Cutler Cook Co., of this city, motion was made by
that four months had elapsed since the finding Of the in
dctmen without the cause having been brought trial
but sgreed that The ecognizance should be discharged
which was accordingly done.
Agreeable the previous notice Mr. Jordan made his
application to have the verdict in the case OF William Da
aside the ground that brandy had been given
the jury He then read affidavit of Robert Sears,
bar keeper Of Malichi Faon the substance Of which was
that he took up about qnar Of brandy TO the jury by
drank them He so rs.d Of Charles
Locke aecanted the liquor which fourth proof
Henry Hubert. halter and Lewis Merris merchant
two Of the jurors which set forth that they not
Court that something less than quart Of brandy
introduced, OF which eight Of the jurors partook that
they were not at all affected by it, nor were their judg
Mr. JORDAN then went into a long argument to show
why the verdict should be set aside and cited numerous
in support of his position; among them he quoted
the of the People Douglas in the 4th Of Cowan
who indicted for murder and its being shown that
dram shop and bought some cakes and little whskey
and there was no retence that they were nox
he III !" ss here ta
aside ts being shown that Of the Jurors took halt
gill Of brandy Mr. Jordan was rather severe upon the
Jury and said that he had hesitation in saying that the
jurors who partook Of the brandy must have been
what intoxicated He than went into nice disserta-
ent effects produced by liquor.
The DsTRIcr replied to Mr. Jordan and also
both in our Courtssnd in England upsens the previous
decision completely.
The Rrcoaprn asked i any members ofthe bar present
recolected decision which was given in the supreme
Court in July last of timar nature; and If they did,
quesed them to state it.
to aside the verdict in the of Dr. Begler convict
ed Of arson was shown that the jury before the case
supreme ~ Court denied the motion '
Mr. CLARK, another member Of the bar stated that he
was present at the time the decision was given but be-
the cause had been submitted to them
Mr.. JORDAN said, he also present, and that Mr..
Clark was wrong and Mr.. De Witt right.
The CouRr after brief consultation denied the mo-
ton and stated that they did that the question might
be carried up and decided, important case
Some of the Court Of opinion that might be set
aside and they would suspend Judgment to give counsel
time to obtain stay of proceedings.
Mr.. JORDAN then asked If the Court would order that
Davis might he admitted to bail.
The REcoEpEp said that tn y could not unless stoy
Of proceedings had been obtained
Mr. JORDAN said that there question as to whether
the Supreme Court would have the power to set aside the
verdict after the Court of Sessions had denied the motion
and therefore he wished to have leave to renew the
motion upon the adavts present before the Court and
upon others that they might obtain.
REcoRpER- Oh, certainly, Mr. Jordan--there Is no OBJ
lection to that The Court disposed Of the matter upon
short delberation that you might have opportunity to
present the matter to another tribunal.
The DIsTRIer ATTORNEY your Honor mean to
say that this motion be renewed and argued oil
agsin7
REcoRpER-Oh no. sir, not at all II It is found that
the Supreme Court cannot take II up then will