The New York herald., 1844-09-28

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The jury herebegsn to be very impatient particular
ly one. who sppeas, merely consented for few
minutes, but who now looked Tor whole day detention
JupoE-Come Mr. Smith. 60 on.
SMITH Didn't spply 70 you for license for two carts1
MArcn-fes, you said you had two carts and one
horse told you we would license one and you told me
you had driven several years without license and
then advised YOU 10 take out one. and would see
about the other business
Q-ls not the business of this (pointipg the
Corporation Attorney to make his declaration in this
case to the best advantage fer the Corporation
sAMM0Ns-l admit that.
sMIrH-Thats what want-andI wish the jury to spe-
cialy note that fact wish 10 call Mr. Devine TO show
that has seen two Of my horses and carts almost
day. Tor the purpose Of c0nradcng the statement oi the
Mayor that said had hut one horse.
sAMmoSs-Ths Mayor is your own witness; You CAM
ssuTHWell Its very hard IL cant. any how. Laugh
have got some questions here to put to tho May or
Jupor-You not put any that are net relevant to
the case, as the witness need not answer.
s,urH-Well III have my rights Here they are, ell
ready -
man acquainted with letters words &c. II Is my wish
please Do you believe the Bible a Holy Book IL IL
not to be found in the history Of the Patriarch and his
bad more sinned than she Which was the worst in
your opinion the Isaac, Matthias, the prophet who
wa: imprisoned in wsstchsser county, Do you think
such couduc as that Of Isaac moral Why then take the
Bible for your gudef Why did you refuse to argue the
case in your, Officer Do you believe God said
way for you p How wns that way WI prepalsdi Was
not by soaring the people out Of their senses compare
p ns srndns he 80 s to
pei them to be thankful and pray meal OF cold po
tatoes-as you told cartmen you would do at night il
treatment towards subjects win soon cause rebel
lion il not abatsdf Do you believe in praying at all times'
pray Do you believe in faith and prayers as the most
efectual basis Of your business Do you think It cou.
tecus to treat people with religious ceremonies in your
once? Are you as eeger to get money from all who
frequent your office as from mel 10 you not think
your office den Of thieves I Did not apply to
license two cars7 Did you not take two licenses
fom your desk to sign, and tell Mr., Clark to f
sny privilege he il able pay iorl DID you tell
SGaa S% Ian have two ssn;ss would pay for them Why
Of al public officer to deceive7 Do you no. think the
safety Of persons and property depend much the intel
ligence and capacity of our public otcers7 Why did
think yourself one' why di you accept responsible
Officer Do you not think you disgrace the Mayors
msnd the esteem and respect OF the czens' Are you
concerned in the Harpers' Bble7 Do not you think Ii
SMITH -I'l now call Mr. Hinchman.
Q-Is not section Of this ordinance more applicable
to my case than section 7-Thisis section s:-
"f person who hsth been licensed carfman end
shall have been suspended displaced by the Mayor
whose license she'll have been revoked shall drive sny
the city Of Now YORK for sSe u anything
whatsoever for hire wages he shall iefrit and pay the
sum Of twenty five dollars for every such ofsncen
opinion on this question.
HIvcnMAN--I.am no lawyer.
SMTHYes but was II not the duty of tho Corporation
Attorney to bring the suit to fine $2o under this
on and not for $0 under the other as this covers my
case, as my license was revoked by Mayor Varian
JUDGE. The witness need not answer that question.
Call yonr next, Mr. Smith.
sssIrH--Mr Qnackenboss will be sworn
Ore you assistant Corporation Attorney
Al am in his office.
Ono squivocation, sir
Ayes laa an assistant Corporation Attorney.
Q-Have CORPORATION
to the spirit Of the constiuton7
SAMMoys objected as irrelevant
QDd yon not say you hated the race Of cartmen, and
use threats against met
sMr1H~well, thapu do-now want Mr.. sammons,
who'll take the stand
Q-Are you the Corporation Attorney
Q-Whst are your duties
Al will read them from the ordinance.
QIAre you not bound to prosecute in all cases Of m-
Aldo not consider myself called upon to pass judg
ment OH all laws
QIf Corporation ordinances conflict with the const-
tuition, are you bound to prosecute them7
presume that all Corporation ordinances are passed
in accordance with the constitution. Ha-s8
SMiTH.-Thats ali want Of you II can't get other
answers.
The testimony was closed here, and Mr.. SMITH pro.
ceedsd to sum up as follows:-
GENTLEMEN or THE JuRy-Were TO explain the COR
poraon ordinances In their ridiculous light every mem.
her Of this Court to man. would cry down as bad as
Bishop Hughes does Bennett oil the Herald. Even my
friend Schselin, the President Of the Board Of Alder
men, whom respect, and he knows it as much as any
other man. would be down upon the worst kind, and
was asonished at the expressions of exay Norris
this very subject regret to say though the ex Mayor
il an attorney by profession and practice Of the
corporation suits which are malicious and embarrassing
to the aborious and industrious Glars Of citizens would
not be safe in his hands The poor class who have sup
protection he capable OF rendering them from his ex
PLANTATION OF the corporation ordinances to mo this morn
ing These suits are continually brought sganst persons
money ought to te refunded them again. The rich
seldom or never brought up any complaint unless
seeing their tyranny to cartman the other dsy-when
they could not convict him on the original ground which
on another ordnance. which viii be contemplate s for
uyto convict and nojurymen ofsprit ought not
be compelled to do the work Of meon office holders
man. The evils Of letting such government continue is
better described in the daily journals from facts that occur
shsw the inward disposition Of man, for which things may
bs foreold for many years Facts. upon which all the
with mpartsly will teach his jury that nothing but
righteous administration Of justice make any people
hsppy for happiness is our beings end and aim" For
and the devastation Of property the hands Of the
oppressedhouses barns stacks Of corn burned
nocent share the fate Of the guilty Look at France
and see that cause which placed Bonspsrte on the
th,ons;-t was ityranny.-so badly were they op
in the hue and cry in the destruction Of many
innocent innocent persons and properly Look At the in.
sruction Of property by Bill johnson and his gang be
revenged for the crnees inflicted him by the Cana
dian government Can any people be safe either In pei
son or property however Innocent under tyrannicsl
government say no-thc history Of nations prove it
the acts Of private individuals show IT, and words Of the
clergy countenance these outbreaks the eusons OF
nature, for Natures God s true Iregret TO state to
this jury that for the Of this city Corpora
ton Attorney has been consulted to the propety
Of taking revenge for their tyranny by catching the off,
GERS in another State Why should officers nhict pun.
shment on others for what they prsc ice thsmscves1
The person who has threatened the Cart ssys
he owns two csrts which daily employ ed Must BE-
punished Tor one chance to get living when he has
,hree Must he be employed TO inform Of what does
concern the Corporation. and then its blood hound
spon the cartmen TO tear them In two Such anmosiiy
against them would compel every cartman to leave the
city for were the Corporation ordinances put In force
according to the letter o the law and their general
construction the weekly earnings Of all the cartmen in
the city would be inadequate to pay the hnes Without