The New York herald., 1851-10-14
Supreme CoWyT.-Geueral Term.
Before Chief Justice I'd mouds aud Hon Judges Mitchell
King

THE CASE OF aFNRg cN2VIr
Der. IL I'm this the District Attorney moved to
qussh the writ Of error which had been granted BY
Judge Isrris on the bill OF exceptions Msssrs. L.
jordan, II r. Clark, Ii. L. Clinton Dustin, appeared
for the unfortunate whose has been the sub
jcet Of much legal investigation Counsel foe Carmel
objected 10 the Detrct Attorney miing the motion,
TO his appearance In the ease a. II belonged peculiarly
The Court sugs eted that I, necessary have the
prisoner present al all the arguments in his beh, aud
the District Attorney accordingly tosk out writ OF
hras corpus for Carmel The further hearing was sus
pended TIL his arrival.
In some ,hor4 time after the prisoner wssbrougat up
in the custody Of the shera Mr.. Blunt District Attor
ry to ruaks his motion to quah the writ OF
crrcr and rad aiidAyis in support Of his position
Nr JUfdsn's objection that the District Attorney
had right TO interfere 10 the matter The Attorney
Gtnera wss yEt ent whs the writ OF granted
aud the With him. TIE afidavits read by
Tire District Attorney do not show thai he has been
directed hy the Attorney Gene ral TO appear for him The
Attorney General had agreed With The Judge Who so we'd
the vrit that There grounds for granting the writ
and that here crcums, In the which
qurod inv,stigation The power In this ease rm,ins
excwiy,ly the power II the Attorney General. until Is
oopfrto Gu others Council lhen referred 10 the Re.
vsed Law of 1901 40i chap is8 lat also 81 the
law q 1878 goo see let and The lat vol Rev stat,
3sJ So, in ofder 10 show the powers aud dusics
cf district stteIneJs. In regard To- the common Law
pewcr. lst vol Tcnlins, 10 sth burrows the Peo
iinf the Attorney neral h the fountain Of all criminal
pIUstcutiors and that there power conf, rrci
Mr Blunt 70 20 beyond his esuuy cr beyond the Court
of Oyer and Tcruscr and General Jail Delivery aud that
oor,qus ntly he Is not empowered 20 make thi motion
Couns,l therefore, asked the court TO decide tnis
preliminary quesiion-ihAt the power cf the Die
Attorney General lie also rrfcTrd TO The &C, of
ISIS SC. 20 chap go, as shieh hss some bearing
this In this she Atiorngy General hal ap
resisd Nov, should the District Attorney have the
power of srs the proceeding, ont q the hand o the
Attorney Gcnersf The Attorney General wsscf opinion
that this writ ought q he allowed and there s nothing
fho~r c prove that n has changed that opinion AZ
seemed TO him (Mr. jordan, ths, 4 this conric, Of
power j. allowed, 10 VIII lead TO very strange results
The has gone ont of The Oycr asi Termit erone
cut Il the 0rsdiction the District AttOrnsy TO the
gupI, me CouIt, and nos FecussJ in the power Of
The District Attorney replied ~. contspded that 'h,
pow'r rss properly With bin H~ss foued ,mpcssble
foi msriy that the Attorney General cou attend % al
the hmircss Of his Office, civil snd mlna and by the
act of 1850 associate attorney erncra were spPoiaied
and by he act II lsOi the Oce sboshei aud district
attorneys sppoin ntcd In their stead Die Blunt went on
10 the duty aud pOwr Il dtret attorney to The
sw 1918 In cc 60 cf tbs Revised Statutes IL mlis
fc duty of district attorneys 20 prosecute all In
Tsrminsr ana General sessions In their spec
tiVs counti,s The y, Rsvi "A Statutes. p ITO, sec
tion J, provides that the Attorney 0snersl is
20 prosecute sni dsfcri all suits IN Witch
The people Of The STATE ci Nsw YORK. interested Tut
that rtsts % sections aDt fut and not ~ infosmeons
fc any reason. arg convit. scptenccd shall not have
en executed on spplcston q "a, Atorney General %
pistIci Aorusy sid convict ,hs b brought bsfrt Ihs
Surr're Court On writ u hofs csrp's ard II no legal
stsl ~ assigned Coz the delay q the ution
the Ccurt hall direct bs sbet TO the
lie Therefore cootsndd that the District Attorney pee
ssses "a ihi, cfse. Gil tns sewers q the AttorDey
General s prepared 20 shcw cha, the order servcd
On iht Slcsa ier s.y n plooeedings vas an Illegal
order. cad he dsnst The a-thoritg cf the Attorney
General Cves the Di-srtCi Attorney While Ne sdm a
The cncureut y"ver O ,he Attorney gcprs he dcnied
lie paramount snIfrty, srcert IN arch az are
sPecioiiy ptiutcf CIT ~ iav He NE Blunt cane
there BE- f,tarp u shat ert OF Hr,as esrpI sud ~
Nft D. % ltrsl realun fty tAe EXECUTION saobio y
stared he ccusodi ttst tn Court sa bound 90 ofier
the eatcvt.cn q tte cCpviet -
TIE Court rQues,ei y Bipat 60 rad ~ - hey
strs ssca 20 srd "a Ttc utrsct AttorreT read u ana
said ttat 10 thus frsciGiy wsie . the 9uV o the
District Attotrty ti1 he a-1 i1f az ota wiz or
fr-or rtrn surs VI Of sr-r shall opiss.o a. st&Y a
TFtcef dHgs
Biz Jr,n mad acns fuf' hss 95scrvttious An q rcfe
rcrs,s sLt ibc csse - a"rrn'j " " pct''S ttea-
.tg uartri1g