The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-10-02

IL
timore; therefore he would back to his wife and
family. At this infor alton. great cheering took
place and soon arter the meeting adjourned being
then near IL O'Clock
Court OF Oyer and Term,ner.
Before Chief Justice Edmonds and Aldermen Smith
srrr as-Cho,se Of Murder.-The trial Of Delsuy,
charged with the murder Of Mary Merntire the 9th
plication of Mr. A. Phillips counsel for the soc
in consequence Of tho continued illness Of awitness
The Judge mentioned that in the ease ola man
Moore, who charged with the murder OF his wife,
and who had been found BY the jury To be iaboring
ncation from the medical ocer Of the asylum, to cay
that he still continued insane.
THE CASE SAMUEL DIgRY, JR.
The District Attorney said in the Of Drury jr
the counsel for the prisoner asked last week that the
trial shoud be brough. on II was no" too ats in the
finished before the end Of the week. He understood
that proceedings have been commanded against Will
and his associate, Mr.. David Graham, had consulted,
and had to the conclusion that they could not
to- Is that he be from his rvcogni.anoss
Mr. II Y. Clark contsnded, that for tho accomplish
meHt of the ends of justice young Drury osght to be
either tried or mol pros entered In order that he may
appear witness against Thompson.
The Court said they bad not tbs power TO compel
the District Attorney to bring the trial nor can
they compel him to enter nos p,esegu The District
Attorney only enter mol vita the consent OF
the court but the Attorney General may enter mol
that there IL investigation going on respecting the
charge against Thompson, which may involve e'ther
himself or Young Drury, the Court did not feel justi
fed In advising ths District Attorney to enter mol
pros A., -,
not be time try the this week, aud Judge nd
mopds had TO 60 into general term ON Monday
MIR. Clark sad il would not tahr the week nor any
thing like It, there grsat deal Of this testi-
mopy that had been brought against the elder Drury
which would not be- evidence against the SON all the
stcouncil" testimony and other parts OF the owl
dence would BE- excluded ss against the young man
1t due TO ill concerned thai young Drury should
be tried or n. pros. entered that he may go before
the Court and 10 evidence against Thompson In the
Mr. D. Graham said that their respect for tho udg-
ment OF the Court would Induce the prosecutioa TO
terminate the sase BY entering noi prosequi they
desired It, IT, with the facts within the knowledge OF
The prorr1a.,o. you'd aegai-sos in such eeor.~ or,
II the Court think that there would be time to
with il 20. morrow NOR ng-they would make every
effort TO be ready and would spdeavor 60 on With IL
The Court s.hsd IL tho Investigation against Thomp-
con was nov going on
MT 0sshsm rePhed In ,ns negsve: ,ns pspsts ns
be cent TO the Sessions Grand jury nett Month
The Judge did no, think there would be time to go
with the trial this term and he WAS bound to assist
judge Edwards at special term
M Clark replied that common justice demands that
the youns man b tried or discharged ethsrrns rs
likely TO be fatal 10 prosecution against Thompson.
which T. sill Important tor the ends Of izstiee
fhe judge having csnsulted with hisl ss.eestes or
"a $3.50 ar, ~ ~. Az no, ,nn.ar yolupt.rily when
called upon bench warrant voulabs Issued against
MT Clark s.id Their. was no tear; he would not run
away. A. a.,
Al. ,nns, y ,wa.r - 1870 ,,a,e,m.nt .g.,nst
samuel pruyy the elder, and D.mud Drury the
younger 10 for the possssson Of counterfeit mo
ny Ins ssha , ,sJ nsu .isa hs.sns. ths ,nonsy
sied 10 be found In the possession OF the father
Tbs Juags ..,a that n lvavs sppsared TO him q Gu
r,ous crenmstsnes that the rs.d Jury had found
OH ssshst,ne youns msa .s ~. 49,, ,h., ,h.,s
se n,s,rI.' AtsoInJ -, az ~, 10 varrsnt ths
e,sns iv,v in sns,.s an. ssIl
c.rs deemed 'ss. ns,, ". b no, .oa1s oas not
..neer" out " the case came before 'ns"' V''sn'
yL tsx..,s A, go. .nousb that IN. district Attor.
ans lug ,h aa sassr,s,t evidence lie The,
80 -, -. ~. ais,osltIo. OF the District A.
,a,nsx, '
n, p nsr. ,. nro'A'' p''P'''
M clark again objected, as the Indictment had
been hanging over them for the last twelve months
and great injustice had been done the deiendants
in every step Of the prosecuton he objected 10 any
further delay IN this case.
The Court then said they would set this case down
for trial on Wednesday morning.
Forgery John Butler, arsspectaby dressed person,
sbou, 30 wears Of age brought up hsb,as
The prisoner vas charged With countsrie,ng ana ~
A Phillips his counsel moved 70 nav. hi@ samt-
ted 10 bail He would offer most substant@i osih oi
merchant Of the city. $780,. a.
The District Attorney and the sss,s,ent p'.tIle' ~
tornsy opposed the sprncsuon. Ins P,I.sDss -.
charged With bis brothet ohs.lss VI 49, t.s.s
terfetIns Charles bad been tried .nd vas eonve,sa
after three minutes oehoersuon % w ,o...n,
nov undergoing sentenee o' Nv =, =. -. 80
the application Il. that III. prisoner snd d" orO'hsr
hsd meds an atsmb, 70 oss~A ~ -. ,,,.a h.,or.
them, and such eireum.isuess appeared sa,s NJ, =.
sntei ~ tne b,s,,o. Sn !, III. ,h.v ,o,d l.ok
into the case and give their decision on Wednsedsy
The prisoner stsnss committed IN the meantime
The Judge remarked TO ne ,sspsr oi tne ptpn NV nv,