The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-09-08
Supreme COurt-1n ChDmbers.
Before Hon Judge Mitchell

Before Hon. Judge Mitchell.
TIE LATE EXTENSIVE FAILURE sUYDAM, sAoR 90
co.-CHARGEs OF PERJURY AND FRAUD
SEPTEMBER I'm this case it was offered by Mr.. Ju-
dah yesterday afternoon the part OF the complain
ants show that the defendant arrested the
warrant issued in these proceedings on the 2Jtn q
August last and that IL agreed that III should
before the Judge the Esd ut 10 O'Clock In the
morning, TO traverse the complaint that on the
morning Of the I'D before 10 O'Clock complaint
made oath by the defendants. before Mr.. Justics
Lothrop OF this city against Mr.. Clarke one OF the
present complanants Tor perjury In making the sti
davit which these proceedings wef- founded that
a warrant issued for his arrest, ana that IL
sordngly served Mr. Clarke at hair past 10 o'clock
outhe ming Of the sd when the am Javt made
before Jus,ice Lothrop; and also, they oa-rsd to
show the maner aRd conduct OF the deis Ia pro-
curing the arrest.
Having made the foregoing proposition Me- Judah
proceeded to contend that fraud was made mp Of
many facts and circumstance, which, hy9Sv.r tri-
fling and immat-rial at the first Appearance. yet,
when put in connection with each other make up the
whole, that guilt was to be inferred. noe from
isolated fact but II ON the many. Strong prsslmptivs
cir cumttances indicating fraud will eutrcigh pre-
suuptvs proof OF innocence. fhe intentions OF guilt
ART 20 to be gathered. TOR every mau sho cDmmtsa
secret crime, when discovered pretends that hts iutsu
tions we're honest horevrr his actions N gut belle
him He (Mr JUDAH offered the Hence 20 sho~
first that the defendants wished to check inquiry
and secondly that BY their AFFIDAVIT the dssad.ats
did net deny the facts ana circumstances OF alleged
guilt. Counsel continued 10 say that the sfhisvt
sde for the arre,t OF the plaintiff tor perjury dd
not deny the Acts alleged, bat charged perjury
insomuch that the intent to dsfsud the itors
fsl'ely alleged. liz (ns submittcd bat the afds
Wit hero confession OF the det niauts quit Ad-
hitting the facts though by serpentinr and evssive
denial OF the intent endsavorng TO qualify toe sissi
sion IL witness la Of alleged crime Il by
plot Of party, st the he IL called upon to
testify arrested carried 20 prevent his
giving testimony cOauscl would ask. ought not thas
tact appear 70 the court And jury before whom the
case fhuuld be tried ana particularly WHEN the prucl
pal party pros. cutting Is prevented by m,noavre Of
the other side ron attending the nvastis at,n the
prevent case OF inquiry, the juage both tue
court aud jury then, fore the ~ tne arrest
In oopr eri,un with the AFFIDAVIT on waich " vAa
a. UWrf "a
tonr In support of his proposition couRsr cpuelu1,d
and the hearing vss adjourned On the a--enDling,
this day the latter part ~ the foregoing Offer VA
ct the judges request nude more explicit n - 70
state that It was planned the evening beiore that
Mr.. Clarke should be arrested in ths morninx aud
that coon a. the warrant Obtained one OF tue
drisnusnta or their agent vent dOwn with officer
and pointed out Mr. clarke -hile anoth.r watched
untl he was taken and that " was duIe With the
design to prevent the attendance 81 Mr. CLARKE tn.
time q the inquiry, aud 70 avoid the iuV-,tis,tion.
Mr. La Rogue opposed the Introduction OF he tr.t-
mony. lie ssid " altogether Irrelevant aud that
~ cosd not show that tb. charge d,fra idrig the
creditors alleged In tbi, complaint ga tru~ rms
onsr IVES only t. Trotrhot the inquiry and u scout.
tsced h. would lesd 10 iHse Issue, whch wDuid
tour days st lsast alone 10 try n only -ilos.
true isus Ia thes. prosecuting. -~ csud the fact of
The arrest Of Mr. Clarke prove that -uydsm, stg~ D
Co. bad removed or we're about 70 remove their pro
ptrty hes obd the jurisd'ctiOn Of the court
Mr. John Van Bursn. IA reply said that ths tact OF
the failure o. 70. house OF suydsm sage 90 sod
their proceedings In the MARKET wa not n"o~e-
saiy To- "a ate upon The ohsrg' IN the con pltna0ts
sfhos'it we're substantially PROVED asa shrth.r tss
arrest II Mr Clarke M lrious ~ veil absurd,
not The subject Of inquiry Ths proceedings
bad been urgsd BY the ndauts without the s---
s~nee Of the JHdge Tney bad drst og-u-d ths
dor TO iBquiry, but no~ tbst tAsir ae,s we're uo-
masfsd. they object to matter whtch tuey Say DO
them no harm They say nothing n. bs.a sho-a,
Have ve not shown that >uyds m sag 4 60. ha..
ben in'otsnt for y'afs That they haze 10 ortsd 70
msking scceptances dated at Bodsio but mss~
used Mr. BODY or Mr. Nobody o. cover tretr goods,
and the pr,tepces that thi, done % avoid r-cs-
nations have been shown 20 - 'al- tina. their ship
msnt, VIE recently made, e shown by evidence and
thai " vas TO svod replevin also appear Nos, no
tMr Van buren, would sch vas it not p.rha-ut -
show that the Of Mr. Clarke e., 40 tor IN.
empress purpose Of avoiding the invrsr .,i1u 81 tb~
haod' suppose they had attempted 90 subIrpA -is
bese would not ths BE- pertinent To. c1uduot of
prisoner r al-sys evidrnse 10 they you'd be futya
one wrong - MOTTO bs Inferred thsttnry would am
roit the crime ansgsd agsinst tbem Brsause they
that they should be ue-tsd other than ,nau
rithout hiend or dollar; aud n thsr -a1srivea -
arrest Mr. Clarke, and promolgst the s.as.rth.t he
had committed perjury, you'd not tae shos tbs
intent Nth which the alleged maud ver. oon-
delay Look at the Testimony TAKEN: dsia, " AZ al
10 BY their resistance 60 that sbicb they I'D % ea.pS
hurt them, aud which they have tskcn too days IN
After some further discussion Jade Mitchell saz
The smds,it Is Admirable BY consent Tn gsiu',ns
20 into any other part ofth evidence eject
In consequence Of other engagement. 81 counsel
the examination further post poned a. rridsy
Police Intelligence.
.7ftsnrf % Pas Had Msftsp "A by the name OF
A Barber Sfreeted change ~ on b. NOTING
paf4 90 Mrs stevens n counterfeit IS hil puroo,x
ing 20 b. on the Bank % Cumberland Portland Mains.
and chile Mrs Stevens absent end avor nx 20 act
the bill changed the rogue stole shit Jastic. o.
horne committed tho rogue for trial
POND ~ y, fol,o, Court promissory rste dated
New hork August y 1850. ~ 80 days. dra@o ~ Thee
OKourke Tor the Of sos Is payable 10 J.wss
Mcfan ot order. Tor value received. wa found y-e
tsrday w the police court At the Tunbs by ON ,es
y snuh 70 vhom the owner can apply Identify tbs
property and receive ~
A riot occurred on the 2Tth nit A, New Odessa
bt~een tvo nsRfoes. IN which one 81 them rec-ve1
tour shots entirely through the body. The MURDERS
wa arrested
The South Csrolita stone for tho washinStou ne.
ntnstt, vas deisccd fep DAYS since. much taM
u vHs nes~s arr " have " r.. Engraved