The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-03-12
Supreme Court.
Befora Jnd0o Edmonda

Of Potter the pickpocket was called up this morning.
After short argument between the counsel on both
sides, to the order Of proceedings ID the counsel
for the people commended tina, the Affirmative Of the issue
was with them, and in all such the universal rule
that the party having the affirmative should have
the to open and close the argument On the other
Of the issue lay with the counsel for Potter they had
presented petition for his discharge, and their
right In the first instance to be head in support and
also to reply to the arguments of the counsel the
other side To this II replied that the issue was
changed; that the present proceedings collateral
frmstvey the counsel for the people Judge Edmonds
decided that Potters counsel had the affirmative and he
would allow them to open and close the argument Pot
make the opening arguments here Of he points upon
which himself and his associate would rely indeed Il
sis Of the points upon which they would rest their
but in order that all may have proper understanding Of
the matter will. with the leave your honor. lay be.
fore you all the facts Of the case the order they exist
Il important to do this that they may be distinctly
before u.s. TO and
to say that in July 1884, Potter arrested for stealing
money from man named Abraham Mallory and on the
25th Of August indicted, to which he pleaded not
guilty, and in September following tried at the
Court Of General Sessions and convicted Of the offence
State prison for Ave years and be kept at hard labor
that he was Immediately after transmitted to the
state prison where he continued until the - 'i, ,t
Governor, (here the pardon was read, which recit-
cd the conviction and sentence, and then went on
to release Potter from his sentence upon condition that
BY the last day Of he then month Of April he quilted
the United States never return;
he should that he then should be arrested imprisoned
and in prison, until he served out the full ter Of
his sentence The counsel continued to say, that the
court would perceive that the condition Of the pardon
that he should leave the United States BY the last
day Of April and afterwards return On the 2sh
ofAprl departed from this State and went to Canada
Pennsylvania, New Orleans, and other places and 70.
NAMED away until November, l645 when was arrest
ed on another charge, BY officer Bowyer and brought
back to this city where he arrived on the 9Th Of January
last and on the next day motion was made BY Mr..
Phillips, the then acting District Attorney and order
granted for his commita On the 4th Of February We
presented petition to your Honor, for writ Of habeas
keeper Of the city prison. which no returned that he
detained Potter in virtue Of three commitment The
counsel after remarks In relation to the duty that
devoved upon him In this said It was the FIRST time
a Of this kind up Ia this State and he might
say the first time such a came up in any Of the
would precedent for future decisions, in like
will now, said he, state the points upon wdich
mainly rely in order that the court and the oher
side may know distinctly what We rely on. We say
First that the, Governor Of this State has no legal
constitutional power to grant conditional par
don, and II the statute does give such power
il 10 unconstitutional and void. Secondly, We
say, II this proposition DO untenable, and that the
Governor has right TO Danish, the Legislature
have right to give him the power to Danish, yet
they have right to Danish beyond this State and IL
this proposition 10 right then the pardon contrary to
common sense, and Is, therefore, void Thirdly, we
further say that II be conceded that conditional par
don be valid, yet the law has made no provison for
Furnishing Q breach Of such condition. and no court ID
this State has any authority to take cognzance Of
the discharge Of Potter Tho remainder Of eounssls
argument consisted Of authorities 10 support Of his pro-
positions. After he sat down, the court adjourned The
case will DO resumed this morning.