The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-06-09

composing the board TO decide in this cause, and
whatever that decision may be, We doubt not II VIII
be satisfactory.
In the case of the United States, vs.. c.. J. Me-
Nulty, on an Indictment before the Criminal Cour
for ENLIGHTENMENT of the public money, on an APP
peal by defendant through his counsel, Mr. James
Hoban, Was brought up yesterday before the United
States Circuit Court, (sittlng tor this city, IN the
form of a demurrer 10 the Indictment The demur-
rer is entered on the grounds that the moneys, al
legged 10 be embezzled by said McNulty, as the
Clerk 81 the House Of Representatives, are not
cleared speclfied-nor the time times oil such
alleged OBSERVATION-DISCLOSURES the parties, nor the
manner OF these several half dozen counts, upon the
general charge OF embezzemen
Mr.. Hoban, yesterday and to-day, tor the NOR
nlng hour, Gas it might be termed, that being the
allotment OF time agreed upon IN this matter before
The resumption daily OF the more regular cases De-
fore the Court, argued upon the foregoing objec-
tons to the Indictment IN urging upon the Court the
reasons why the action against McNulty upon said
Indictment, should be quashed. Mr.. ii. quoted va
rios authorities upon larcenies, to show the neces
sty Of the aforesaid acquisitions in all specifications
oil such indictments.
Mr. Fendall, for the prosecution, took a different
view. The defendant, (McNulty,) in six counts,
involving various sums, more or less, had been
charged with the embezzlement, between August
and Nov, 1874, OF between 32 900 and $33 900 of the
public moneys. From the nature OF the offence
from the difficulty of particular specifications, in
mostcases Of larceny the charges Of embcz-
element herein, need not necessarily, according to
law, be contormablc to the peculiar acquisitions in
specifications of cases OF larceny; but that in in
dctnents, in this instance, and for the offence
herein alleged, the prosecutions are Of necessity
(and the law from authorities cited had sanctioned
~ compelled to present their charges IN mere gene
raj terms, sufficient, however, TO meet and cover
the extent OF the allegations against the defendant
These points, pro and con- were argued by the OPP
posing counsel, till the expiration OF the morning
hour, when the case, brought from Alexandria Con
IN appcaD known as the Alexander VIII case was
resumed.
McNulty, we believe has not returned from the
west. The demurrer entered, however,, by his
counsel before this higher Court, 1t Is calculated,
will entirely obvate the call for the presence OF the
accused here for the current term. The discussion
Of the points of law for and against the demurrer,
will be resumed on Monday next.
In the case of the will Of some old widow lady,
tate of Georgetown, the Jury have been cooped up
upper story of the City Hail. for three days and
three nights; and every night they have RECALLED the
neghborhood with series OF patriotic and sentl-
mental songs, sung in excellent harmony Indeed,
with such concord upon verdict there would be but
dissenting voce-the man who sings the tenor
The President and family are expected this after
noon TO SHIFT their quarters tor some days, perhaps
for fortnight, from the Executive mansion, on &C
count OF the repainting inside and out, the re-car
petng, and re-turnishing and general re-cleaning
Of the homestead. They are provided for at Cole
mans with the same elegant suite OF rooms occu-
pied by Captain Polk and lady before the Inaugural
tlon.
Mr. Paine, the gentleman robbed night before last
in this city, (of which you were fully nformed) was
saved from murder solely by his presence of mind.
Having had the experience of five years active SER
vice in the Texan Navy, and bearing upon his front
some ten or eleven ccatrices of most ugly wounds,
he was not to be scared by the odds Of two armed
assassins suddenly cornerlng HIM at mldnlght,l in the
most solitary part of the city, having lost his way
IRON the radiation OF the Streets and being entirely
unarmed The brigands were evidently sufferers
IN the scufle, for number of letters, OF which they
had nfed Mr. p, and which they had stopped in
fence corner some two hundred yards from the scene
10 open, were distinctly marked with bloody finger
ends Several individuals are suspected; and our
police doing their best to- ferret out the scurvy
rogues
On Monday, with regard to the politicians and
lookers-on we shall double The CAFES.