The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-28
Supreme Court.
IN CHAMBERS.
Before Jud1s Edwards


ADJOURNED APPLICATION on HABEAS CORPUS, To AID
NIT 10 BAIL sAML DRURY AND SON, CHANGED wIrH
ATTEMPT AT MURDER, AND FORGERY N THE SECOND
DEGRFE
Nov 27-Ata little after three o'clock, Mr. MsKeon.
District Attorney, and Mr.. Graham (rspresenting the
Attorney Geners appeared TO resist the application
Mr. Clarke (wbo attended on behalf Of the sed
stated the circumstances 81 the case under which the
prisoners applied be held 10 bail which have been
already flly reported in the Herald and briefly
these On the 10th inst the prisoners arrested
and placed in closs confinement the 18th they
piled TO the magistrate aud demanded examinston
which was refused they then applied to Judge Ed.
nonds and, the 10th, brought b. fore him on
writ Of haeas corpus when the District Attorney asked
for postponem. MT the Attorney General who had
directions rom the Governor TO attend to the
upavoidabiy absent from the city and Judge Edmonds
accordingly adjourned the hearing over to the 23d
between the 10th and Esd the indictments against
them found and upon these ndict nents
were Issued to the ailer The has been reeuruot
TO Oyer and rerminer and the purpose OF the
proceedings 10 that the prisoners be admitted to bs
MIR Clarke maintained that the indictments ware
fraud upon the Lew. He then read the Aidavits OF the
tive Drurys and of one " thsir counsel
Conrt-Whst is there In oil that, material to this
easel
Mr. Clarke Nothing, but that they demanded an
examination and It was refused Counsel then read
copy Of notice which had been served Mr. Mcleon
the District Attorney to the effect that this applca-
ton would be made to have the prisoners
that he would insist that examinaon OF their wit
against prisoners should b. had and 10 case
they fail that he would apply to the Court TO discharge
the prisoners without bsii.
The Court Was to understand that it was called
consequence OF the Indictment having been found with
out an examination; II be shoad conclude that they
were entitled to bail the oyer and rerminsr might de-
eide otherwise and 1t was not necessary to have
clashng OF opinions; ~ the Oyer and rerniner Is
near ut nand unnecessary to go ato this case fur
Their tor no should hold that the commit
tawas void he would not Discharge the prise."~~
I'll the Oyer aud r.rniner should decide upon the mat
ter that IL TO come before them
MIR Clarke These prisoners are not bound to have
their application TO bail postponed till the meeting Of
any court.
The Court said to the admission to bail 1t weud
necessarily involve an examination which It was not
wor whiie then to 90 into he would have to do
again in the Oyer and rerminer
Mr.. Clarke Then we ask that they be discharged
without bail
Court have not time.
Mr.. Ciarks-Thrni perhaps, some other Judge may
Court-rheu dismiss the habs., corpus, and 20 to
SEINE other Judge
Mr.. Graham said they ready to put it to jury
MIR. Cisrke-That i, one of tho tricks of the prose-
cuticn TO the prisoners trial before iu
formed of the precise nature OF tbs charge or tn; Wit
that are TO BE- examined against us that the
only way In which the can hope TO succeed
In this care.
Council for the prosecution denied any such motive
rho Court There can be no saeh trick, because |
will hot be able TO try any ormiIa cases in December
but gill take up the criminal calendar the first Men.
day in January
Mr. Graham said as he bad particular engagements
Of business to attend TO IL would be necessary to
dsrstand the court upon that subject
The District Attorney also remarked that IL was a
very material point to him; and wished to know # he
nssses In criminal tor the month of December
The Court L srtainIy; We have made arrangements
to the srct that criminal cases will be tried dur
ing December hut you will understand that these pri
soners the Drurys are 10 come up before us la the
Oy .r and Terminer on Monday next, at IL O'Clock.
Mir. Clarke Isinsist that your Honor has ne right,
laws OF this State to refuse TO 20 iato this
matter There are particular reasons that these
prisopsrs should be admitted Co bail On the day tina.
they arrested posse OF officers weRt e. Deurys
house and deepoled hts property without authority OF
Law they also tookrapsrs aud letters With than which
will be material for the defence. Where they are, We
Do no, know. They are not In the custody Of the
obcer Of the police court II Mr.. Drnry IL released
from prison, he could follow up his property.
The You need not 60 into any further reasons;
n had other duty TO perform might attend whore
personal liberty involved; but am In court until
three o'clock every day Yesterday We vent into .
which occupied US untl hve o'clock. To morrow
and tn. day after ne will have consultations
Mir. Clarke asked IL his Honor could withdraw from
the bench to- morrow!
The Court cannot do that.
Mr. Clarke Or devote an hour this evening
III. Court really cannot
Mr. CiarEe-rhen | will not press Il, under the cir
cumstsnces b.cSuse you have given reason not In
cutting TO the prisoners, but upon a mere matter Of
time Counsel then expressed q vish that the papers
taken from Drugs house should be placed In the
tsdy Of tho District Attorney b. wlshsd them n some
responsible keeping. rs they we're Of importance
The Application to admit the prisoners to ball vas,
therefore entertained bot the matter IL not de-
cissd BY the Oyer ana rerminer, the question vii
vert TO this court again.