The New York herald., 1850-01-15
Court or Oyer and Terminer.
3efors Judge Edmonds and Aldermen Franklin And
Conkliu
THE DRURYs' CASE.

Court or Oyer and Terminer.
Before Judge Edmonds and Aldermen Franklin and
Conklin.
THE DRURYs' CASE.
| JANUARY H-The following gentlemen were this dav
sworn on the Grand Jury for the special purpose Of
trying the indictments against Samuel Drury, senior
mani Joseph Brewster. John Confer Charles Camp
bell Isaac Foster, Edward Greene Stephen Hsrtlinr
| Edward Roche, Asa Shipman. Thomas White Bent
c. wandel. James Harrott William Quseksnbus6,
Oliver Howell, Oliver T. wardsl. Warren Hsrriott,
James Silby, Daniel French, Esqrs.
The Judge, IN charging the Grand Jury, told them
ter but particular subject for which thew we're
specially convened and that indie against
Samuel Drury senior and his son, both charged With
attempt to murder and the former with the
Of counterfeit money. The Judge then gave history
Of the indictments and their from one court
indictments were pending against the Drurys In this
Court and In the Court Of Sessions and on Friday last
the former indictments; but the Court Of over and
Iermner having had possession Of this its juris
dction in the matter should be continued and would
be exceedingly wrong that the prosecutor. by going
before another court could deprive the Oyer aud
miner Of its right to try and the Defendants
nave right to choose the forum before which they
shall be tried-these the Why ths Grand
Jury were called specially to investigate this mat
ter II there Indictments laid before a rand
Jury now, the law would entitls the prisoners to
be discharged from custody, with without bail;
proceeding which the Judge did not think would be
conducive 10 the ends of justice It would be their
duty eoely to take this under their
all other business would be left to the Grand Jury Of
The District Attorney then said that the Drurys
were 20 have pleaded this day, at IL O'clock In the
Court OF Sessions, but under the charge his Honor
he should not call them to plead st the Sessions
The Grand Jury then retired to the consideration Of
Pyromenia William Spear was indicted for setting
fire TO the premises No Is Ann street. in this CITY, in
The prisoner defsn ded by Mr. Alfred A. Phillips
who had been assigned him by the Court
arrived in this country in Is4s h. had received
snn-strose some years ago, In Scotland, his native
place. BY which great deal of blood out Of his
ears and more; be has been always foolish since; he
was smart boy beiore he was hair dresser; served
MIR Pbillips-Has Ills conduct been marked By suy
peculisrities!
Witness Yss several foolish acts, such as shaving
of one whistler OF man and leaving the other on;
(great laughter he has gene Of and left
no one in IL; his sister vas also insans witness him
self has been always healthy, but bis wife an uu-
Gle who was insane; he (th- cused) did like the
barber trade and be saw In the paper
for waiter, which situation he obtained at Is Ann
street. which place he fire to; he was confined for
ten months in the Lunatic Asylum.
MIR Ednonds, the governor OF the prison, gave evil
dence OF the prisoners conduct which docile but
be has from his general conduct given evident symp
toms that he is not accountable creature.
Margaret Spear. mother Of the ,used. deposed to
the eccentricities to which his father testified.
Sidney II Stewart, the Clerk OF the Police, examined
Remembers the accused being in custody, in 1873,
for setting fire TO house in Nassau street, he took
from the house some clothing aud found sitting
ON them, In the Park, at day break In the morning
Dr.. RsyDis Of the Lupatc Asylum having given his
opinion that the accused was OF unsound mind,
mind Of the prironers insanity aud, under the
ton Of the Judge the jury returned verdict that the
accused 10 Of uhsound mind
The Court then ordered the removal Of the accused
to the State LuDatic Asylum
ThE AsroR PLACE RIors-rRIAL FOR ARSON.
Robert Miller, ahas Long, was charged With having
attempted TO set fre to tn. Attor Place Opera House,
on the 10th Ct May lsa9 the night VI the theatrical
prisoner. demanded challenges. Zach Juror on being
called was fret orr and questioned to his oomps.
t.noy ss an impartial juror; seveEa challenged
Geo = l.. Hyctt being asked ~ he had formed any
the prisonsrs CUNT answered that he had uspicioa
from the mere fact OF seeing him charged here.
Ioussei demanded ,riers rrien we're then sworn,
. competent juror. MIR Iiyott then vithdre~.
judge should like to know, when you will have
jury empanslled, n such objections are held good
The Judge remarked that jurors were NOT bound 4,
answer ths question, whether they had form-d an
opinion as TO the guilt Of the prisoner Il Is sdmis
oeption 20 this direction OF the court
Thomas A Norwood admitted that he had q suspi-
Dion Of the prisoners guilt from the umstancs Of
his being cent here for trial.
1hs case Of his competency was submitted to the
tri.rs.
The Judge remarked that the system Of empsupell
jurors has been long Injurious TO the adinistraon
Of justice IL not sufficient ground reject
JuTer, mgrely because he had picon OF guilt
Of person, from the fact that tn. Grand Jury mad
account Of the uanssction In the ne-soao.rs:
~ IL utterly impossible TO get jurors who's. niud.
such sutJects, are as sheet OF paper When there
many se~spapers publs this city, any man
~ho can read must necessarily kno- something of the
spssoori but Is for the trirrs to FAY A. from
own svidenoe the juror 70 right minded man who
would give verdict according To the evidence aud not
tstm what he has rad or heard.
The tfisrs decided sgzibst the competency OF the
Juror, IN q he wss, therefore, set aside
Samuel hiliiDgton, Fourteenth ward, aud John d.
Abdsrsss Ninth ward we're challenged p.rem ptorily
The fsliosibg gentle men then EN- pan slled:-
Wrds. Wards.
l. Samuel csra..l. .is,h. !. Herman Kuubl.. 10th.
9. John Robbins. "a Q. Aaron Hsvilsnd. sth ]
Robert u Msyer.. 18Th. 10. yobo t.niltOn .sh.
Q. John Dorgss 18th IL Evsodsr Jhiides, sth.
Q. Edssra q. Little. .lsth. Il James Duny. 18Th.
The Ditrct Attorney very briefly stated the nature
Of the usnsseton, and then proceeded 20 call his Wit
George Guest, examined by the Distric, Attorney
bs-ices at sal r-.iith sttest was empioJed In the
Astor fiscs Opera House, ss wstehmsp IN May last;
fr the lat tbrvs ysart ept there during the month
Of hsy l-4si oee.pi.d it ., hi. usual logging psee
In lst Way bis faulty resided then ia T self stres
lodges every night In the Opera House. gees all through
the house every ngnt alter the performances has
ovded ~h.n the Louss 10 let for opera :, & open three
nights In the veck vh.p for comedy" il is open
not; gces 60 bd frequently after be ha round
the toufe TO s ttat al L. iiga; never todd any
that he vas not In the house from the ls 70 hs 10Th VI
hay.
Ld-nd n. Fry, essmlpsd BY the District Attorney
The As'cr Place Ofsta Hou Ia the occupation of
kr Jsnss Hsct-u on ths 1oth of isst slsyi witness
claims tLst hs u tn. lesses.
samuel Alberts one nf the policemen of ths ci-
~ on The 10th May lsst knoss the prisoner, he sas
brought into foom about O'Clock ON that night,
where stiffness had been put In chsrS-. O. sxe care
the priopets they brought 10 ths night of
the riof that rcon situate under th- pstqa-te;
hr Long vas the tecond prisoner that vas Brought
In John NJ. laine ana Long we're brought IN tegcth-
or hand cphsd after they we're brought IN there
cobsdsrsbie noise and corfusion; Nr Long appeared
~ 3. very much .,eitsd AZ th- time he ssd tsst un-
lss witness ~ould take the hand cuffs of us wits be
would IRE toths place b. then tbr-sts3ed that ~
steess d's %, ,sss "a the baad euas be -ood tsss
his tvss-~sD life st future day, shortly after ths
nve 90 six other prisoners broueht in sud TIE I
plsce vss some ume aftsr uiscorerra 20 Be Oa hre,
thsrs vss heap of Rubbish swept up Toto one corner
that hse. the raboish consisted ~ shaw
ings, straw and o'her combutibe stud there
IL ht burning In the "a the there cry
% hie aud tue prs1nes tired 60 get out sod kics-d
victenty at the foor "a about 40 taiou.-s ~ h.f
hour sfsr the threat thai IRE the rubbish
extended epsos u two yards Or too yards aud
halt; ~itness dif the bot the IRE
vhn h. went 20 the dcor, b~ts-rn the iop ~ the ruo
blfh aud tho ceUns In that part Ot -. rvos vhtch
assts, not than or feet; II not plss
tered ceiir tn. b.sms down when b. ths