The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-08-22
Jersey CITY Intelligence.

CouRr sr OrsR AND TERmI,ER.--Ths adjourned ses-
tsrday At ten o'clock precisely his Honor the Chief
Justice Of the State aud Judges Van Wrinkle and Cor
per took their seats upon the bench.
Strefness e the Court ,1h regard 10 the Pressnfments
hOS s GrsSS J Ky a,iu Er "a w.,Ay Of
entered, and on their names being called over, It
found that one of the body was absent.
Ills Hoson rus CHrr JusrIos said that the court,
ofcourse was not aware Of what the business was
which the Grand Jury had to present. but he wished
to know II the District Attorney willing to receive
the presentments In the absence Of Of the jurors
As q member Of the court, he must say that he
not disposed to receive them, and such, he believed
was the opinion Of his brett ren. He regretted that
the Grand Jury had already been detained long, but
Il due to the court to the State 20 the person who
self that ali the Jurors shond be- in ana
therefore, they must return Let the gentleman who
was absent be sent for or let some sufficient resso. be
might be laid before the court IL one might be absent
ten might.
The Disrnicr ArroRsEr said that he quite ready
to pursue whatever the court ght deem expe
dent 1t was at last decided that the absent jutor
should be sent for or he could not attend that he
should exhibit proof Of the fact The Grand ury then
returned to their room.
The Kelly Guards--Posiponeue Of the Trial-Bns
accepted Peter welch, Edward welch Tobias Burke
William Demarast, John Mccoy and Peter Devine,
brought into court in the custody of the Of
the county, when their counsel moved the court to
postpone their trial for the following reasons which
have been set forth In their joint AFFIDAVIT -rhst
they were unable to the attendance Of their
Witnesses; that they bad been in prison since the 9th
to procure and pay counsel and that they depen
dent their friends for the necessary defend
themselves; that the difficulty In Jersey City caused
an excited state of puslc feeling against them,
Prejudicia as they. think, to their having a fair
believe that Ny delaying the trial to the aext term
the public mind will have become more compol,
They further stated that they came TO the stats OF
New Jersey on the day question, purely and only
At tSe Oh Th"shss ans g. target SHOOTING
place long frequented by the companies from New
York for such purposes, and deponents seIeve that
they viii be able TO show, their trial. that they are
not guilty Of the offence charged The court being OF
opinion that the affidavit was fun aud satisfactory
that sufficient reason had been given why tie triI
should be postponed, granted the motion The counsel
for the prisoners In very able speech addressed thu
court upon the question OF sdmtinxtAe defendants to
bail and cited the Of the Cunard rioters in
which the amount Of bail but 5000 and submitted
that the present analogous to that Some copsid
Grafton due to the Of the defendsnts
some OF them bad families depending upon them for
tndr support there was no Obligation in the coio
obtain shall be exactcd. IL might yet be made appa
rent that those who made the complaint had them
selves originated the disturbanee The learned gentle
man was proceeding to show that feeling OF pr,judc~
ente'tsined against the defendants because they re-
s'ds IN this city, when his Honor, the Chief Justice
said he was quite that the learned counsel would
see the prudence Of not perseverng In that line OF OBJ
scrvation as the bare idea Of suppong one moment
that the residence of the defendants would make anv
o,nesnce whatever was by ne means complimentary
Mr. wRenr said he had not the slightest intention,
OF saying that the Court would be at all Influenced by
ne TACT OF the Defendants living In another State but
IL bad some influence else where.
lis Honor the CniEf JUsricE, said that In fixing the.
amount OF bal the Court guided with view
to secure the attendance of the when tb.v
should be called upon, and to their circumstances OF
which they had spoken In their AFFIDAVIT The amount
Of the bail oouds Dot be less than $500 for each the
lowest ,um when had been accepted by magistrate OF
Captain rersa and John j. Tiadall gave Tho reo,,,.s
sureties, and were then discharged
C,aree Of Mri,r -lsasc Hugh Underhir was Ar
ra gneu Tor the murder Of Thomas McGino a. North
Bergen on the 18th Of this month Tbe prisaner.
pleaded not guilty.
ne Gread J"y Disciorgsi The Grand ury having,