The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-09-08
Law lnteillxence.

Law intelligence.
SurREAE CouRr, September 7, l648.-Present, JUS
tses hurlbut, Mccoun and Edwards.-The argument
In the Of arnold Gilbert finished shortly
before the Court adjourned.
No a Learitt, receiver, ct al, Biatehford, ct
ais. will DO taken up to morrow morning.
CorRT OF OYER AND TERMIrER, September. 1885,
Before Judge Edmonds, Alderman Stevens and Hat
Held rial Of Thomas Hayes for the Murder Of ms
Hife-Second day-1his cause resumed this
morning. After the clerk called over the names Of
the jurors. counsel for defence declined to examine
the two physicians it having been agreed by counsel
both sides, to read from books medical juris-
prudence, such parts as bore the subject The
cause was then summed up, after which Judge Ed
monds charged the jury ut considerable length The
about half past six O'clock when they returned into
Court, and rendered verdict Of guilty against the
prisoner, but recommended him to mercy. He heard
the verdict with the greatest indifference. The Court
ordered him to be remanded.
The People Sarah Stewdrt, alias Louisa Savage.
The trial of this cause in which the prisoner stands
indicted for the murder Of Pierre ID. Bremond. was
postponed on the application Of her COUNSEL until TO-
morrow mornipg).
Before Judge Betts-Saymuei ais, rs. Steamboat In,
diana The argument in this finished.
Judgme mt reserved. The Court then adjourned.
COMMON Pleas, Sept Especial Term--Before Judge
Ipgrabam.-D ecisions.-D Daniel Crane against John
Hsu,ohan-Ju Judgment for plaintiff demurrer. De-
PENDANT may withdraw demurrer, and answer on pay
Achilles mr. Redfed Us. HIM. Beard-Ordered that
judgment in this cause be set aside and fendant let
H.,
B,vnop ct al. rs Haiioran- Motion granted. If de-
PENDANT abandons dee nee, and permits plaintiff to
take Judgment, they must pay the costs of the de-
fence since the issue; if not the plaintiff must pay
the costs Of pleadingthe amount Of costs to be
paid if defence abandoned to be deducted from the
judgment
.9rent as. Karst- Ordered that much Of the note
of John Bechtel necessary be applied to the pay
ment of the plaintiff g judgment and that John
Bechtel pay to the sheriff Of the city of New
York such portion of said note and $40 costs of this
proceedings Tho branches Of the Court which set at
ready.
US. CoMMrssroNER's OFFICE, Sept. 7.-Before Geo.
w. Morton.-Robert Smith, one Of the of the
packet chip ST. George, arrested charge of revolt
was brought before the Commissioner this morning
and. upon investigating the case the prisoner was
discharged upon his own recognzance to appear when
called upon.
CouRr CALENpAR-This Day.-Common Pleas-1st
part-7l, IS IL 20, 81, 49, IS, &c. 81 I'd part-62 ca
&c, 6s, 70, ~ "a, 76, rs, so.
GENERAL SESSIONS September before the Recor-
der, Aldermen Crous and Dodge. b. Phillips, Esq,
Assistant District Attorney.
Wiiham Johnson and f1amcis Boyle, alias Sheldon,
were put forward on trial. charged with burglary in
the third degree, in entering store No. pa Grand
street. the night Of the 3lst July last aud taking
from drawer in the store sum of eleven dollars in
silver, watch key, and lamp burner, the property Of
w. II. Smith, store keeper.
Mr.. w II. SMITH testifed-That he had been called
up the night in question: when his store had been
opened about o'clock and found the prisoners in the
store in the act of being searched by the police
instrument known to burglars by the name Of
'jemmy found in their possession together with
the money and other articles charged in the indict-
ment The officers who made the arrest, named stills
and Duryes corroborated the testimony Of Mr. Smith
Two other boys it appeared, were there also. No
witnesses were examined for the defence. The jury
found the prisoners guilty and the Court sentenced
both to two years imprisonment in the States Prison.
Pleaded Gai.y.-John McPhelan pleaded guilty to
properly of Giles Martin, on nth August last. SEN
fenced to two years confinement in the States Prison
Bench ws,rs opt. Laud was brought up bench
on Louisa Butler, and was committed to answer
Patrick Nc Dermott was put forward trial, charged
with burglary in the third degree in entering store
No 139 Fulton street. belonging to Claus HES grocer
and attempting to rob the same, the night of the
oath June last, being detected in the act by
CLAUS HErs the owner, testified that he closed his
store on the evening in question; locked it outside,
and put paddock the store kept in the base
ment of the premises called by the police, and
found that the lock Of the door was broken open
story, in back part of the premises instrument
made Of iron steel and wood, used in breaking
put in in corroboraton. The defence put In was
that the prisoner had been drinking freely the night
Of the burglarious entry to the store, and was un
conscious Of what he was doing The jury retired and
the Court took to O'Clock P. M. up to which
| time the jury had not agreed.
RECORDER SCOTS CHARGE.
| September Term, 1S4S.
GENTLEMEN THE GRAND jury
The object of the charge to the grand Jury, Is
to make them acquainted with the general outline
Of their powers and duties; from the fact Of their
selection, from the most respectable class of cit-
zens in the county, particularly account OF their
be acquainted, in measure with the high duties
which they have been called upon to PERFORM detail
the grand inquest ftho county are temporary other
wise it would be inconsistent with the spirit Of
government, account Of the vast power vested in
them permanent sitting Of the grand jury, COM
posed Of the same men, holding in their hands the
Issues Of life and death, would be despotism; hence
% .S:b
and the peace and safety Of the community has
ni.ration Of justice, is not the only relation which
they to the form Of government they fire.
qucntly called upon to take part citizens in the
various distributions Of sovereignty in the legislature,
the bench in the jury box and in exercising the
right Of eufIerage The principles which secure our
popular rights the foundation af prosperity and
happiness, csnnet be too often repeated. 1t is only
when behold the upheavings Of the foundations of
European governments the mighty revolutions accom-
strength and stability of our and the
happiness Of our people. All power is vested in and
derived from the people, the magistrates their trus
tees and servants and at all times smenabe to them;
we have, consequently, no cause for revolution,
beyond the force of the ballot box. The great prin
cipe In daily operation 10 sefgovernment 1t is this
speuishing feature that renders Superior in
political Institutions to any ether nation. By adopt
to dsproye the position, grown heretofore into po-
cal ms KIM that republics could exist only in small
and limited territory and that their weakness bore
perence induces us to believe that We may have .
hundred States well thirty II take to pre-
constitutions. and handed down to by fathers
Some Of there No person shall be held to answer
for a capital, otherwise infamous crme unless
prescntment indictment Of jury trial jury
heretofore ufed; right Of the prisoner to demand
the and the nature Of sccusaton to be confront
cd with the and witness to call witness in
his favor to be heard by himself his counsel; .
speedy trial. free exercise and enoyme Of religious
profession and worshp the privilege Of the writ Of ha-
Jeas corpus the key which unlocks the doors of every
pron and forces its secrets to be revealed and
press, posted sentinel, by the constitution Of
free country to warn the people Of their danger We
must not look with too much confidence to these
corded rights security for justice Charters and
written articles often forgotten with the occasion
en- which they are framed conscenti belief in
their truth, and determination to support and de-
fend them, at all hazards Is the only bulwark
which safely rely II public opinion be right,
our government cannot be wrong the safety OF
person and property have other foundation Tor their
D.lf.x -. a. III