The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-12-12


same ward.
Joseph Garrison testified that he saw the prisoner
No defence offered. The jury pronounced aver
diet of guilty and the prisoner remsnded for
tence.
Court OF Oyer ana Terininer.
Before Judge Edmonds and Aldermen Allen and Webb
DEc l1.-Josephine Bloodgood, in custody on o
charge OF obtaining goods under fsise pretences &o
was brought before the Court writ of hsbeas
The Judge having read the dspsstions In the
ordered the prisoner to be discharged because the
representations 10y which the goods obtsined4
appeared TO have been made by the mother and not By
the daughter
Miss Bloodgood is mild and modest locking giri,
apparently about twenty years Of age and very
neatly dressed. She appeared deeply to feel the un
ness of her situation and raised nor
eyes to meet the gaze Of very crowded court which
attracted ne doubt from the novelty oths young
Duplication 10 bail the Drurys-The Distrc. Attorney
said there another ahdsvit-that of Justice Lo
tbrop-which states that no application was asds to
him fer examination, before tne indictments were
found
Mr.. Clarke. II he swears to that be will swear to IN
uDmitigated misststement. Counsel thea behalf OF
the prisoners said that he announced In the pub
lie press that the District Attorneys Office had been
opened either from without within, and that the
papers in this case well others had been
taken away he did not how that would affect thls
application for IL 80 happens that he had been far
nisbed with certified copies of those afdavts BY the
District Attorney, and he was not aware that sny
papers could have been lost which can interfere with
this motion. Mr. Clarke then proceeded with his ar
gument on the APPLICATION and he asked that long
they are in custody they may be permitted to hold
unrestrained communication with their friends the
treatment to which they subject in this respect In
particularly harsh and there is rule in tbs status
taken from Mr. Drury is by the order Of the Court,
placed In the Broadway Bank Counsel again oontsnd.
ed that the seizure of this property consisting OF
watches jewellry, &c was Illegal, and violation OF
law and liberty. -
and take the property search is very pro-
porly restricted. II officer has warrant against
man he has no right by virtue of that warrant take
Iis As 10 he aper Jed her
them 10 any officer whom the Court has control
Mr. Clsrss-There is no authority perhaps, to reach
the gang who ransacksd the house They had
thoIy for their act, nor Is there any precedent tor
such.
only question Is, can the Court make any deoisiont
The DistIict Attorney has no papers.
The Dietrict Attorney (Nr. Mokeon) resisted the
application, and argued with much ability on the
eight several propositions made by tbs prisoners
counsel lie oonteDded that they ought not % be al
lowed to withdrs~ their plea. IL novelty in prsc
tce plea Of not guilty may be Withdraw. aud q
pies Of guilty entered The application TO quash the
indiomen he submitted Is too late and IN support
OF hts views adduced the authorities Of Wharton aud
BaIbes Criminal Law, and 4th blackstone pages 2sr,
30. sDd So2. lie lMr. McKeonl hal no objection to
the return Of such psper not for the
purposes of this prosecution after he Lai thsn.
but he had not examined them yet.
| Court-But the watcnss-whst DO yOu want with
| them,
The District ACKNOWLEDGEMENTS has reached me.
from which can state that these very Watches which
do not appear To Be connected With the now, villa
lead very probably TO the developement OF further evil
douoe; aud tay that la a city like this where per-
jury can be bought, and has been bought where pub
lie Offices have been plundeIsd and where tie life Of .
public officer has been threatened the Court should
not interfere In the matter here required Crime has
become bold and desperate and II must be fought with
bodEess and he submitted that IL thoduty OF this
Court not 10 take out OF the hands Of the public oosr
any by which be arrive At the Justice OF the
with against the laws but II the tsstin0ny
In this will count TO any thing 1t viii amount to
conviction Of the prisoners.
/ Mr.. Drury-Mr. McKeon, you will Ssysr have that
/ plsasure
followed the same eide With the District Attorney
snd argued against the application with much po~er.
charged, ON the ground Of illegal proceedings In the
case. but the prisoners held In custody but
day before the indictment wa, found, and that
Unreasonable delay In a case % such enormity. Hs
did not speak AZ 20 the guilt Of the parties hot the
enormity Of the charge. The Indictment prepared
and found by the Grand Jury Tuesday, afssr they
arrested; aud be would ask, why the Coua should
interfere the allegation that there
| sary delay MIR. Graham continued his argament at
considersble length aud quoted various Authorities,
Which, he submitted were quite unsns~esablei and
that this IL case In which sound discretion should
/ be exercised TO refuse the motion.
Mir Clarke replied and reiterated his dcnuncintions
against the 10 n.ce 70 which his clients we're suheet
in being denied scosss 70 abe psrfs alavits witch
made for the prosecution, and with severity
commented upon The committing magistrate, snd the
nature Of his AFFIDAVIT produced to-day. With regard
TO the amount OF bail cOuns. declared " 20 De hrs
honest conviction that would be easier to drive the
Attorney General and the District Attorney out "a he
I state than either of the prisoners
The Court said they would defer rronouncirg their
IAln the Of 71s People Rebs Egerhs ser 10
appearing from the return TO this court meae By the
Warden 81 the fenitentary, that the above named
person IL detained In custody Ia said peaitsntiay
after the time for which she was sentenced and that
she is insane II ordered that she be forthwith dis
charged from imprisonment.
II appearing to the Court from inspection q the
return made ~ the Warden that the folio sing named
persons have been. and are detained IN csnnne-
mept, after the time for winch they oeramittsd
thereto, Is ordered that they severs be forth With
discharged Here follow the Of hfesp persons
Who appears were not discharged because they wers
suffering from Illness, and the majority Of them In
hosptaIl
IN, People rs Joshua Reeres and John Hsmiiten--I,
appearing to this court that the above named prison
the 22d OF October and 12th Of Septembe
last sentenced to confinement in the psnitentary bu
THAT instead thereof they have been detained
dates In the city prison where they ere con Bne
and such cobGnensnt being Illegal u IL ordered q A,
they be forthwith discharged.
II appears that those persons detained ir, N
city prison for The purpose OF and fs.
ing the prison clean and healthy; custou viii an n,
been always sanctioned By the authorities In ord 81 thu
the expense o. certain portion OF the labor r~Ay
49, 49, s.sA