The New York herald., 1851-12-20
Court or General Sessions.

Before the Recorder, and Aldermen Oakley and eAli
DEc IS The Gaze Of Fernando Wood.-Mr Whiting
sppeard at the ming OF the court to motioa
to qussh the Indictment in this matter In of
notice they had given to the District Attorney.
would Tot permit him to attend till twelve O'Clock and
be wM instructed to request po.tponemsnt
1heCourt were indderen. when they heard the srgu-
Mr. Whiting said there was great difference to them,
Tbs pre- ceedng had obtained much notorety and they
counsels convenience Notice was given for ysstsrsy
morning and hs had called the District Attorney and
confented to wait till this morning There was private
counsel in the case, and present then
Mr. hcKeon supposed he alluded to him. He particu-
larry whed the District Attorney to take the responsi
hty os this Indictment. MT Blunt had said the motion
ought not to be gra nted but he (Mr McKeon) had said
to him that wss not sufficient unless he attended,
to- have the same influence that the public prosecutor
would have The indictment had been obtained on tbs
Mr. whiting .sid the rsspon.ibllity Of public nros..
cution did not rest only with the District Attorney He
was REPRESENTED there by his learned assistant who wss
perfect Ajax s far as the sutsct Of the validity OF
an Indictment was concerned They we're not to be
called, he would submit st the beck Of District At
,orns, snd te.y bad attended from day to day ready
10 ensrer and now II Mr Hall would say a. a man or
a iawy.r, that be believed The Indictment had epy
merit or that upon his Official respon blity there was
any show or shadow of an offence for which he could
keep his client twenty hours he would consent TO
any adjournment Fit were So no innocent man vss
safe Any merchant who had rendered an account in
which there was mistake, might, the next day, bs
pIetences.
MT McKson replied, and asked WHY should this auss
an accusation seains. maa who had hitherto s.oosun.
rprosched why shut 1t out from jury, This quss-
tion be repeated several times In tone and OF
Mr. Oakley Hall wished to say few words on thls Hs
merely represented the District Attorney In his absence
and requested the argument might be deferred t to-
morrow when he would further remark that the cslsn
dar would be cleared up.
Alderman OAKLEY, as one Of the Court, thought tb,
District fb,-. n
lad not seen him all the term.
hr Whiting wished to know whether fsrty days aad
forty nights were not time TO defend nictmsn pre-
pared BY his own authority and In which he was 40
sbiy sssisted-hov much would they require The
this nactment taken from Ii, p.ih SsS .,s.s .Ss
rot send II before Jury Send what before jury
l. would not take magistrate fifteen minutes 70 DE-
jury decided them In q few minutes
IL was finally hxed that the argument shouli take
torney would certainly be in attendance all other bas.
ness laying asidc.
.chgSs d Brsrey-charse Of cssiess,,,, sssina
cd guilty 70 petit larceny The Dktrct Attorney (hr.
oshley Bsll sad he accepted the plea and tn. ma
know that 1t could not be burglary, and the case
would have been disposed Of two months ago He said,
ara said publicly @ nss dssesful The Court ob;srv-
slary that II the window had been fastened ss It
seemed i v. not the prisoner would have done the
same thing. The amount stolen was but triflng--
seventy in copper but the Court would sentence
bin to three months further imprisonment in the psn
tentsry.
Scrierces Suspended In the cases OF James Riley
who pleaded guilty Of charge Of attempting to
prisoner and Of Frank Burley and John Coughan who
also pleaded guilty Of petit larceny sentences were sus
pended.
TIE Petit jury Discssrssd fr TIE Trn-rhere being
nothing ehe really for trial by jury the Recorder "a
dressed them, congratulang them that they had got
through the business Of this term without any cases
such as had before caused tedious He also con-
grstuated them that his successor would fnd cslsn-
dsr very free rom indictments They were discharged
for the term They had in their experience how me-
cessary II was that jurymen maintain integrity, frm-
ness ana DECISION They were dismissed With the
thanks Of the court and the county
Tne Grand Jury shortly afterwards presented num-
Der Of bs and withdrew their sbors spi the court
adjourned until this morning