The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-10-03
Court OF oyer ana rr,mInsr
efore Chief Justics Edmonds, aad Aldermen Smitl
and Chapmau

btlort Nnlei duttict hu1 alitiultn
ocr. a clsyg, Of Frrov'-rhs Court decided that
soncr to bail under oire umstsncts lie was there
fore sent back 90 jail.
Charge Of Isrs,iv ssain'i "a, D1ey'.-The District
Attorney ssd that two mateal Witnesses for the pro.
secuticn sbscnt aud IL would be safe 90 ~
trial without them Dee OF them Is In Phiiadelph,.
Mr. Clsrk Who Il IN Phiadsphis'
District Attorney Mr.. Jeskips 10 In Philadelphia,
srdMr lie Baron. by WON We prove the notes 70 be
forgeries, Is also sbsept.
Mr.. Clark we consent to read the testimony OF
jenkins at the last trial. as evidence
Mr.. ID. Grshsm stated that he had no ides, until
coed with the trial They hal bpoetion 10 delay
the cause and would be ruled By the decision OF the
court
Mr. Cisrh-we will admit that ths NIL srs forgeries,
which will obvia;e the necessity Of Mr. lie Barons az
tendance and there sre two other witnesses Smith
about g. thought the witnesses for the prosec uton
would all run before u vas over. tLaugnt-rl
Court-W. cannot pei IN. District Attorney to
20 on with the case All We can do T. to discharge the
prisoners from their recortiz ances.
Counsel for dsfenee-Your bosor can discharge
III em from the eomplan altogether
The Court did not tso~ OF sny such power.
The case was cited hut the Court said thst u stated
Attornry showed esnss Wv thsy should not DO so In
criminal cases the District Attorney can send case
TO the jury, though the evidence IL obviously In vor
Of the pri-onefs court may stog civil ease from
goiag TO a jury. A magistrate may dismiss com
paint but vhen II 20 the highest criminal tri.
buns In the country the District Attorney may send
the cas-. TO IN. jury ana the Jasg- ospnot prevent
him
Counsel for Drury raid these prosecutions against
the prisoners were marked With species Of rsdued
cruelty which was disgrseeiul TO the administration
Of justice
Mr.. Graham, in reply. was showing that the delays
occssicned By the fitness Of Mr. Drufys counsel
and that ~ the torpedo affair hrs trial, this
could not have been brought befor, the eonrt ct
o n earlier date vhep
The Court ssid II vas not Necessary 10 argus that
matter The case cited only refers TO parties In jail
Council for Drury coptsnded that the meaning q
the act was applicable to the pres. they vsrs
held 90 BALL and though not In jail II was the sssa
thing for we're they not surrounded With bonds,
JUdce-T don't think you ccnA convince IsztlPr
whom have Just sent hack TO prison, that "a tbs
came thing ss being out on hail
Mr.. Clsrk-They may 90 vel try the casa nov
while they have witness lsf they had ssttor try
II before they sli run svsy; and We an eoofsnt u
every thing except whs, ssnt he proved -tLauxhser
Court-Tske an order for the dischsrns % the pri
from their rtccsntsanees.
.f-s,he~ Cbns, II yTs,yg An application on hsbea
c,tus vas made by Mt a. D. Russell ,os the dischsrs
Of q person nsmsd j. I. Harris, charged ~i,h frssda
iep,ly obtaining fyom Glitter don Bliss silk goa
the amount o. $40. By means Of forged order
The application refused The court thea nd
ourncd sirs Sis.