New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-11-29


WssE RSges swor-I reside q, No 20 Bedford 4 ani
sssysd on Thusday the 2ih ISIS, was NOISE over 80
~ Children Ia perfoct "rter, and y was about
nsJcok the morse was he that 4 children rushog' the
., dren saisd for minute and waited, ell'ag them
then he dtHsr OpeEcd a., tte u7-'
use then heard was the Of fire ~ also me- some
the man room OF the ppnay department and they
IA are the building on rc tie door OF my srco'n
oIsPs lao me nam room ara wheh en- nf;l IN
IN the ut that tiae az not kn1" how The men
cot there csDno SAY thai a. Of toe men hai IRE cape
ss ihe usue uniform Of fiISnes.
b. Jry-I did not know any Of the me9
N Core, erl wen 10 the back part ot the r0on aul
81 Mis- KLoer there do no. know whether Miss
Khcor the men a. my class vas m he room waen
1sruutd into It but six cheIcr; they ltit AVID rushed
down stars with the other ca loren ard three OF thea
were killed and three injured savei the class Dr. pas
,ns on, the children through the Window think the cry
caused the children . to the door aud aarmed
tssm; believed the building 20 be on fire when got
si hsve IDEA Of The 'erof mca that were There,
nCr bow they got thore was forced aud persuaded -
women TO Jump through the window, aud eman,1 IA
The buldns tai dat time they stood on shed; di y
see the railing ia have no fotb- 6nt ms S,s my
originated from he sickness Of Miss Harrison aud he cry
effre wbOh was afterW ard raised.
yarynoR sad that this violence was not Of any SeT-
wee they were pursuing shallow.
The Coronrr-1 called this witness on account OF te
rumOr which abroad. and VII bad been tasen uR ~
the press that the femon had caused the alarm Inc
Coroner read Mr. Mooios c.tor which was puoshcu by
Witness dened The statement Ct that letter in its most
b. me y,rNopo # my cheren lof the TO ON till aer
the cry OF frs do not know how many men there Were
partment, tie children rushed OF NY when the
confuslon ncfeasod there was great rushing t. the
door. bat DO not know how many children rushed the
door; think there were 20
IN, Coroner asked II the Jury bad anv more witnesses
The lo1emen wished to know how many children were
ksd and how many were IN the scho9l ana they wanted
arm pTt pared sunmaig the following Children in the
Nv, Dsoartment 57l oc,npgier len different rooms
killed Children in the Female Department 509, occu
pyng rooms killed, 10 CHI dIen in the Primary De-
fartnent 7CI, occupying rooms Killed. ~.
This closed the testimony III the case, and before
he Coroner commenced 10 sum up, n. Bowditch
Burt District Attorney, addressed the Court aud
said that, owing TO the peculiar circumstances IN
which he had been placed, and the duties he had
been performing In the Cour, OF oyer and Ter
miner, in case OF murder, which had occupied
him for many days, and was only concluded at
5 O'Clock that morning he had been unable 10 at
tend the proceedings Of that important inquest.
He had only once been cons ulted upon the proceed
ings, which was soon after they commenced, and he
then gave his opinions IN writing. From what he
had seen in the papers he had observed that some OF
those proceedings were irregular. lie held that III
case OF inqulsion under Coroner the Jury, or any
member OF tho Jury bad right - put any question
to witness which he thought proper, and which
was pertinent 10 the subject. juryman had an in
dependent right in that PARTICULAR and that was be-
yond the power and Interference of the Coroner. Il
was correct that no part of the witnesses sworn
should be such would be likely 10 be affected by
the finding Of the Jury, and he wished to be correct
ly understood IN that particular, that no such per-
son should be put on oath The law gave the right
% party VINO was Ukoiy 70 De dueCtcl by me
testimony, to introduce evidence of exculpatory
character 10 CoTonefs Jury, and the Court was
bound TO receive IT,
The Corener-No such evidence has been offered
Mr.. Blunt proceeded. lie had heard Just then that
10 Jurors had been swOIn which was contrary ID the
law ofls47 which said notices. than nor more than Is
should be sworn upon CorOners Jury. lie was not
prepared TO say that such "aS positive lllegaly,
the Law said there should not be more than fifteen,
but 1t did not state nyihing with regard TO its being
illegal If there were more, yet they were to presume
that they ought to remain within the numbers called
for by the law a CorOners Jury could only proceed
view Of the body, and as IN that case the jurors
had viewed the bodies, and The certificates Of the
burial had been given be thought it would be better
TO finish the inquest with Me jury as II had been en-
paDneled there had been a great mistake made
during the last twenty years Is 10 the duties OF the
Coroner, but they were Just the same now as they
we're then the duties of the Coroner were to Ger
tain extent governed by the common law, but they
were positively defined by statn,e at the same tmc
and all other things appertabiDg To mquests among
those duties was the right OF summonlng jury to
consider the circumstances attending the death of
any persons, either produced by accident or other
sudden circumstances where party was charged
with cuipable negligence, aud Dy such producing the
death of the person who forms the sub ect OF the IN
curry then the Coroner Is placed IN the position OF
magistrate who has arrested person on n warrant,
and he is competent to examine witnesses on oath,
and to receive their testimony 1t is only by revers-
ing the order Of the proceedings and showing how
the neghe ence as accounted for, that you take the
cupabls persons evidence on oath he mas right
TO offer exCupatOry evidence aud to bring witnesses
70 clear himself but If there is none then the CoIo-
mel, If the oulpsble party wishes IT, can take his
statement, but not upon oath.
make these statements on account o! tnete UeinS
prevalent d current opinion that Cor0neIs InqueSlS
are only r pare tribunals aud can take no DINER evil
dsnce further than that which goes 10 snow tne
cause OF Death But that was the Casa Grand
Jury was governed by &c pGTte influences, but
CoroIeIs' July not, for they had right To take
evidence such MS should put II beyond DOUBT as 10
the cause Of the death. As far as the organization
of the present jury is concerned, he thought would
be better to continue TO the END, for the Coroners
Jury was IN error, the Coroner was nothing more
than magistrate and he was amena0e To Mgner
tribunal. lie thought that If the error was iaai 10
the action OF the jury, they had acted upon view
OF the BODY the case could be turned over TO the Ju
disal magistrate, and the rreguarty would not Ell
feet the particular finding Of the jury any more than
would an error or wrong IN a MagiSteral Court
In England the case different, as the trial by
Coroneis Jury, III the event OF verdict against ,he
cupable party, would send hun diTect TO pel'y
Jury for trial Tut here II was not so, If person
was found culpable he tanned TO the proper
judicial magistrate.
The Coroner said tina, he had informed the Jury
some DAYS ago Of his having taken the opinion Of Mr.
Blunt, which was given To MN IN writing, and he
COURT or OYES AND TERMINER, /
CITY Han, Wednesday, II NJ.
DEAR SIR InrePly to your request, asking how far
parties no may be affected BY the inquiry now gong on IN
relation of tie late melancholy catastrophe ought
TO be examined wder oath touching she same am free to
say they ought not 20 be.
The great object OF the inquiry were the ctcumstan-
ces under which many nno0eats have been suddenly
nshered the presence OF thc Saviour such rs 10 re-
Qure the OF blame censure upon either the
Builders Arch tect, others connected
With the erection, charge and control Of the Pubic
School question ?" and the rules Of evidence governing
Grand Juiy must prevail.
REQUIRES surely no authority % show that party
eused ho may be accused, the rcSa OF cnnlnal
nvesga aon cannot be examined under oath unless WITH
consent Of the public authorizes.
Iegre. that my employment IN the case now on
ha for Murder has prevented presence ~ this mper
SAINT INVESTIGATION. With great respect
Yours truly y. BOwDIrCu BLUNT.
After this the Coroner readth points oflaw which
were given TO him in whiting ana they were as
follows:
Extract Burns Justice OF N" Peace Ie Coroner
Dsge0
EVadence and WtfneSSeS.The Coroner must hear evi-
denee on all hands If II be offered 10 him and tia. epOn
cath because Il not much accussye as an indlct-
But as al inqulstion lnQue. OF oihce Hale l99
In vs. ScOrv a Leach. az the Court OF King Behch
grnntnA rule a.a,nst CornncI show cause why