The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-10-23
Brooklyn City Court.
TIKI CHARGE OF FORGERY oAINsT SAMUEL pRuRY 81
Before Judge Greenwood aud Aldermen vandyks
and Taylor

and Taylor
Der, 22-Whsn the Court adjourned yesterday, the
motion OF the deience to quAsh the ndictu emit was
pending. Judge Greenwood this morning decided that
the indictment was incomplete, inasnuch as the
had not described the instrument said TO be forgery
The Judge said:-"It is the right of the defendant
to have the instrument spread out In the Indictment
1t enough the jurors to say it's description is
to them unknown. The general rule is, that the In
strument must be set FORTH and the excuse for not
setting 1t forth should be given On the final question
however, which sought this Court to quash this In
dictment'-ws have come to the conclusion that we
ought not to do this motion The effect Of ash
ing the indictment would be to release the recozni.
iAnoe.n This the Court not willing to do
District Attorney-Does the Court mean to say that
the reason of the jury for not setting forth the
ment should be given by the jurors and the
soma be such as could be proven
Mr.. Clark counsel for the defence-I beg OF the
Court not to commit itself on this point
The Judge repeated what he had said In his de-
the jurors resoIted to secondary evidence and stated
that no such reasons had been given by the Grand
Jury.
The Assistant Prosecuting Attorney remarked that,
tho reason of their being dscisioDs in the higher
courts upon motionssto qussh indictments probably
from the TACT that such motions came before
them, the questions arising there being always
lions In arrest OF Judgment bills Of exceptions
District Attorney-We shall be ready to proceed
with these cases on Friday Of this week
Mr. Clsrk-Why sir the case Is commenced, and .
juror called We are here and ready to 20 on.
District AttoIney-l cannot go on at present.
Court-Why net new, II at all
District Attorney-Under existing circumstances
US, we cannot proceed before Friday.
Mr. Clsrk-Tbst would be an extraordinary course.
The case has been called by the district attorney
and we are here with eur wit nesses.
District Auorney.-The has been post poned
heretofore on the motion of the defendant, and
this objection IL sprung upon US Wemust have some
time. There may be Grand Jury in session soon
Court.-But We are not sure Mr.. District Attorney.
that we should urge the defendant to trial
. new indictment
District Attorney We do not feel prepared to pro.
Mr. Olark-Then your homer, wo shall move for tho
DISCHARGE OF the defendant.
Court.-Well. we have disposed Of enc motion; and
now Mr. Clark you move to discharge the prisoner.
Judge Greenwood consuts with his associates)
District Attorney. from his recoguizsnos,
Mr. Clark-oh, of course that's all; we ask to have
the recognizance discharged.
District Attorney.--And object.
The Court after sultation, decided against the
motion to discharge the recognizance.
Mr. Clsrk-W Ell. there other indictments against
this defendant which We now move to quasi
District Attorney should like to have due notice
of the melton to quaah.
Mr. Clark--You are not entitled to such notice.
District Attorney These indictments are not nov
before the Court
Mr. Whiting (of counsel for the defence We
under reoognizance to appear aud answer to them;
and ask leave TO withdraw plea Of not
guilty and propose give office ofour to de-
to all OF them. We stand here prepared TO 90
with this trial. have been called here to try the
and the District Attorney Is not ready Now, in
reference to appearing again this term, will thu
Court oblige us to appear! There 10 an indictment
against this defendant in New York, and pre-
pare for trial In the Oyer and Terminsr there next
month viii not the Court therefore discharge "a
from appearing here again during the present term OF
this Court
Court-we de not that should do 80 at present
Mr.. Clark.-Ne cannot appear.
Court.well gentlemen, this csse Is disposed Of.
Mr.. Clark.--And avor that We shall not be ready
ct any other day during this term.
Court.--We hear your avowsl sir. It will be mat
ter for the consideration Of the District Attorney