The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-09-17

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| SUPREME CouRr.- General Ieym.-Pressnt Justices
Cady McCoun and Hurlburt.-The counsel for defend
ment, and then came up No 6, Chastelain Harte,
late Sheriff, which was reserved Sanford ap-
for defendant. Judgment in both reserved.
No. S. Cauthere Francis Rider, then called,
Donny for the defendant The argument in this
cause was not concluded at o'clock, when the Court
adjourned.
Special Tsrm-Before Judge Edmonds-In Re Paul
Bruni-In this matter Mr. D. Field moved for certorr
to the proceedings from before Justice Drinker
into the Supreme Court The motion was denied. on
the ground that Justice Drinker acting officer
of the United States Government and under act of
Congress.
In CHAMBERs--Before Judge Edwards-In re- Chas
Lohman.-The District Attorney caused Mr. Lehman
to be indicted at the present term Of the General
sons by the Grand Jury, for the publication of al
legged obscene book upon which bench is
sued yesterday, put into the hands Of officer Leonard
who arrested Mr. Lehman yesterday morning writ Of
habeas corpus was immediately. after issued. He
brought before Judge Edwards and application made
for his discharge from arrest generally but the grounds
upon which his general discharge asked for were
held to be insufficient then 1t asked that he should
be admitted to bail The ground upon which his gene
raj discharge sought that the warrant did not
rested having stated merely that he stood indicted
for . misdemeanor. Messrs Gordon and Brady argued
from American and Engsh books to show that t was
universally held to be to set out in the war
charged, in order that he might know what crime
alleged against him. otherwise he could prepare
for his defence The District Attorney replied that the
objections of counsel very easily obvi,ted. Mr.
Lohmsn his counsel might inspect the indictment
any time and they would then find out the Of
| his offence The indictment was then produced, and
the District Attorney insisted that at most the pro-
ceedng could only be held to DO yet that there
was still sufficient the face of the warrant to hold
him to bail. Judge Edwards said, in reference to
the application for his general discharge, the gene
| raj principles of law in relation to warrants
well settled, and cannot now be disputed that
der writ Of habeas corpus, provided the commitment
sufficient its face and II not absolutely void 1t
be shown there want Of tho party
and ought to be discharged Now the question is, is
there jurisdiction shown here sufficient to sustain this
commitment? The warrant says he Is indicted for mis-
demoanor and the question is treat 1t abso
Lutte amlity? The rule applicable to this warrant is
not applicable to general because when party
Is arrested under general warrant he Is arrested only
to bring him before the magistrate issuing it for exa
nation before the indictment Is found; there it Is
to set forth the nature Of the offence with
which the party charged but here the party Is indct
ed and the accusation against him fully out In the
indictment, and c0nsfot but that indictment is
guarly found and unless the contrary 10 shown, must
presume that it is Now the party has only to look
the Indictment and there he will find the nature Of the
offence with which he is charged The warrant may be
irregular, but it is not void 1t may be amended but
when the word misdemeanor is used, word known to
the and statute law 1t is sufficient because the
Court knows what it means and shall consider IL suf
fcient to hold him the charge in the indictment
In relation to the application admit him to bail,
there two statutes, giving power to Judge at
Chambers to admit to oai generally habeas corpus;
and the other statute restraining Judge from admit
ting to bail where the party indicted in the Court of
Sessions and while the Court is sitting Upon this part
Of the the statutes seemed clash with each
other the Judge reserved his decision until he had
opportunity of consulting his associates, and remanded
Mr. Lehman to the custody Of the sheriff until this
morning
McK,wan ps The Freneh T, qnsatiantic Steam Com
pany The motion made to have the attachment Is
sued In this cause was denied
CouRr OF GENERAL SEssIoNs--Sept Is Before Re-
corder Scott and Aldermen Dodd and Spohord-Cohn
McKeon Esq, District Attorney -Piea # Guilty
Jane White, being arragued at the opening or Court
this morning indictment for keeping disordery
house. at No 10 Reade street entered plea OF guilty
The Court with the understanding that the accused
should abate the nuisance suspended Judgment In the
case.
Forfeiture of nizance-Philip Mundor indict-
ed an assault and battery with intent to Kill Henry
H. Adkins and Abraham Alexander, severaly indicted
receiving stolen goods their recognzances were re-
spectively declared to be fort cited
Trial for Obtaining Money by false Pretences james
Kearpey indicted for obtaining Sl62s from Edward H.
acot by of false and fraudulent representations
on the Of August 1896 was then placed ut the bar
for trial The prosecution failing to sustain the charge
against the prisoner the jury after brief consultation
rendered a verdict Of not guilty.
Another Plea IF Gully George Gale, being
reigped on indictment for the commission Of brutal
outraged upon the persons Of Elizabeth and Wilamina
eet on the 18th day Of August last pleaded guilty Of
and battery and the court sentenced to the
Pententsry for two years being year for each Of
fence -
Trial for Receisina S;oIsp Goods.-WilliamJ Smith
icolore was next placed at the bar for trial. on an In
dietnpsnt for receiving stolen goods.