The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-02-17

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their proceedings; and such men will never permit
their names to be used in any shape, by any party
whatever
II you want name for such party, would
take the "Independent Reform Tax Party
ONE OF YOUR READERS
Court OF General Sessions.
Before Judge Ingraham, and Aldermen Messerols and
Tappan.
JOHN McKEos. District Attorney, VIM M. PAIGE and
JONAS PHILLIPS, EsQs. Counsel for the People,
FEn. l6-Trst Of Catherine Costello. alias MarweH
and ChGrss Mason, for procuring ab0ron resumed.
ATTORNEY proposed to introduce the evidence Of per-
named Carroll but who, on being called failed to
FRsSs Pea DISTRICT ATTORNEY with tn. view Of u,roauo
ing In evidence the affidavit Of Carroll offered to shsw
that Carroll had been subponaed; that he in the
Court rosm on Thursday and Friday, since which time
he had not been in attendance and he had been
in close conversation with Mr. MAXWELL it was believed
he had been spirited away.
The motion to read in evidence the testimony of Car
roll, was denied by the Court.
brought to close MIR. SarrARp rose and moved that
the testimony Of Mrs D. be stricken out as
that be had exhausted her whole story relation to
this affair; that when she went out of Court Friday
evening" the District Attorney stated that he should
call her the following morning hut he had failed to pro-
duce hers that there was only portion OF the direct ex
animation before the Court then again. in
the defence had had no power mine her. al
though there were several points in which crossexam
cause Of his client in this trial.
RopERIcK N. MoRRIsoN, Esq. followed, contending
that the testimony of Mrs. D. should be excluded.
The DISTRICT ArroRrEY then proposed to show that
the most dgent search had been made for the witness
an 81.
beyond the jurisdiction OF tho court.
The decision Of the court this point deferred to
a subsequent stage of the proceedings
Counsel for the defence then moved that the prosecu
on be stopped on the ground that the corpus deficit had
The court ruled that sufficient evidence had been ad
ducsd against the accused to render proper submit
The counsel for the defence then called upon the Dis
tric Attorney to elect the count in the Indictment
District Attorney replied that he should take them all
Dr. JAMES H RocEas was then called and examined
had been practcing for nineteen wears that
from the experience he had had he Of the opinion
that the period at which female determine whether
she is in the family way, is whom she is about four
night, more less In some instances there are cir
cumstances which induce them to believe that they
pregnant in the Of few weeks In his cross.
examination Dr. Rogers deposed that chils and levers
generally succeed miscarriage.
The CouRr here gave their opinion in relation the
admissibility of Mrs D-'s testimony, which they de-
counsel Of the accused parties made exceptions
LORENZO B. SHEPARD Esq, then proceedrd to address
the jury in an able argument in behalf Of Madame Cos
tello.
Mr.. Pace followed on the part of the people.
Mr. ScoLEs then summed up the case for the defence
He succeeded by the District Attorney the part
OF the prosecution.
Judge ssnAHAM then delivered charge to the jury,
minutes when it announced that they had agreed
upon a verdict. They found the prisoners guilty.
that the jury might polled Tue name Of each juror
was therefore called AMI every one in turn rendered his
assent to the verdict.
The DsrRIc rArroRNEr here moved the Court to pro.
Mr. sHErARp said he hoped this would not be done at
present wished to up bill of exceptions which
he would do in fortheight hours if the would
pend judgment
Mr.. LYNCH counsel for Mason, asked the in be-
halt Of his client.
Judge IScRAHA, after consulting with his associates,
the prisoners being asked what they had to say why
judgment should not be passed upon them, Mr. Mason
and said he would ask the indulgence Of the
he wished to visit his family, his affairs actually
qured that he should some having charge of
them. The Court said this privilege would be granted
him.
The judgment of the Court was then pronounced. It
was that Catharne Costello BIO imprisoned in the Psni
Tertiary six months and pay fine of $3.50 and that
Charles Mason be imprisoned in the Penitentary four
months, and pay fine of $3.50 both to stand committed
till the fines be paid.
THE GRASp Isautsr.-Ths Grand Jury having com.
peed the business before them into court this Of
ternoon and delivered the wing They
then discharged for the term with the usual thanks
To ri. Homer the Mayor, and Common Council Of the City
The Grand Inquest feel II duty to call tho attention
of the proper authorities to the numerous complaints OF
city and particularly in the lah ward where the in.
habtans exposed than in the denssy popula-
ted parts OF the CITY, IN TINS ward roboer,es have re-
daring and general have been the attempts OF gang Of
desperate housebreakers, who seemed 10 have marked
this section Of the Island inviting for thu
depredaons that the residents, retiring to rest feel
security for their lives property. 1t is very evil
owing much to the present defective penitentary
system as TO want of proper vigilance in the police de-
the convcts sentenced the penitentiary on Black
wells Island Migrants paupers persons convicted Of
assault and nastsTy and petty onsncss are suffered 70
character, that during their confinement there can
not be any possible Improvement in the moral condition
paratvely they may be when rst conveyed to the Isl
and, they feel themselves degraded, and bee one
corrupt and hardened by the evil communication Of
their associates; and the Pentenery thus becomes
Their school for crimes than place Of penitenca, as its
too small and for the number Of prisoners
fined the slandthere being only $50 cells for males
and a4O for iemalssin all, $40; while the average
number Of convicts is from 500 to 400, and aw avs
than double the number Of the cells In the prison.
leaving from seven to eight hundred prisoners to be
House, it is called, and various other out buildings,
ma Of them being in most wretched condition The
subject OF general nooriety and complaint perhaps not
secondary in importance to the evils enumerated but
ta in the prison discipline OF the peniten
tary They allude to the necessity OF providing pr
yas landing place win % scs Tor the
prisoners lands at the foot Of public street. where
The prison carriage and prisoners must wait exposed to
public, the wharf, until the ferry boat the
river from the other side where is kept and while
thus detained their friends and asfecatss have ample
opportunity of holding communication with them be-
fore embarkng, and also during their confinement,
through the medium Of the boats crew. They ge-
Morally in attendance at the ferry to receive them when
their term of imprisonment expires and doubt have
fresh business prepared fer them. Common feelings Of
humanity well as motives of public charity also re-
quire that some accommodation should be provided,
with little delay possible for the unfortunate class.
Of citizens who under the necessity Of becom.
ing inmates Of the small pox hospital, at the Luna attic
Asylum. and other institutions the Island, who
compelled to remain on the wharf at the ferry ex.
posed to the nclemency Of the weather until the ferry
boat can be procured from the other side of the river,
without having opportunity TO rest warm the m
selves II is very evident in tho storms Of the winter
season. and especially when the river il blocked up
with ice, thathey must be subject TO great suffering
and in many nstanc es TO the imminent risk 81 their
lives Shelter and rest equally indispensable IN the
heat OF summer In making this ccmmunics
ton the Grand Inquest that they are NOT Pre-