The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-12-04
Court or Oyer ana Tsrrniner


associated with Judge Edmonds on the Bench.
The People Chss. II. Co,penter.-The District At
sory after the fact Of passing counterfeit money he
had received notice late on Friday evening that he
would be required TO show cause why this case houd
not be RENTED to the Court OF Sessions, or n0He
rrossgn entered Mr.. Carpenter (who was tried and
acquitted last October for being accessory before the
sc here stepped forward and in the absence Of his
counsel Mir. brady begged the discussion to be post
poned.
attempt 10 murder and forgery The particulars OF this
case which have recently been published In the Herald
In eltenso well the reports Of the applications be-
fore Judge Edmonds In chambers, to discharge the
prisoners admit them TO ball, again entered
into and stated In detail BY Mr. Clarke the counsel for
the accused who applied to have the indictments,
which were returned TO this court, qusshed and set
ABIDE a. r.rculsnt and i,regnlsr vm a. WI.
as the representative Of the Attorney GenersD ma
preliminary objection submitted that the Court has
not the power 10 qussh tsis indictmeLt-its powers
being conf fined TO the trial Of the cause.
The Judge considered that objection not preliminary;
1t is an argument on the merits.
Mr. Clarke then continued to read the afdsvits of
the prisoners and also that OF Mr. Stewart the clerk
of the Police Court which showed that vast deal Of
property, belonging TO the elder Drury, consisting Of
watches jevelry, diamonds and household plate, had
been seized by the authorities that it had been ad
vertsed In the public papers that numbers Of persons
had lost property Of that description, had daily
gore TO it, ana that none OF IL had beea claimed
The District Attorney here read the affidavit of Mr..
Warner whose 1e was attempted by the explosion OF
the box q chemically prepared gunpowder which was
alleged to have been sent by the Drurys for the pur-
popent stated that he had been examined before the
Grand JuIy that four other witnesses also
amined respecting this charge.
Mir. Graham thought that this Court would not i'm
peach the Grand Jury by deciding that they bad found
bills Of indictment without sufficient evidence.
MIR. Clarke then continued to recapituate the cir
cumstsnoes Of the arrests and 10 urge the grounds
upon which he moved to eat aside these indictments
he maintained with great force and ability, that his
clients bod right to examination, aud he hoped
tbis Court would not deprive them Of that right One
Of the adayits against the prisoners was that OF o-
race jameson who states that he overheard Samuel
Drury r cay that he had got the box from bis father
submitted that the benign provisions OF the statute
had been denied the prsoners ana he moved that they
di,cbsrg,d, was impossible for them 20 be pre-
Iartd for trial without their liberty In order that they
might be enabled TO look after their property. They
were ready 10 give any amount 81 ball
After some further discussion, the argument Of this
case vas adjourned 60 Monday next, la consequencs
q the inn srave absence OF Mr. Clarke and Mr.. Ora
ham On other professional business.
JhsPe0pie rs CarPsnfer.-ln the matter OF Chas VI
Carpenter, Mr. Brady applied TO have the remaining
charge sgars the defendant RENTED to the Court Of
Sessions.
The District Attorney said that from consultations
which he and the Attorney General had had with the
Recorder had been agreed between them that 10 was
In possible that the Recorder could try this cs. The
Eeeorder himself said there particular reasons
Why he should not bear ~.
The Attorney General a. l.. JOrdon, Esq said
there why the Recorder ought not 20 try
this IL would BE- burlesque upon justice for
lin 20 DO so
The Judge said that to retain the case in this court
would certainly be hanging 10 up for four months
with calendar OF 10 causes they could not try 10
there before April. Why not try IL In the Common
Pleas other COURT not the Legislature must
interfere to give you more judges.
Attotn,y General-The way the Lsgislature may
Interfere IN all probability will be TO send down Judge
10 hold special court oyer and terminer.
Judge Eomonds-Nery nksy. We have one Judge
less here for next year. and greater amount Of bush
ness. Let this case 90 to the Court Of Sessions.