The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-08-03

THE COMMENCEMENT OF TIE AUGUST TERh-oh-
GANIZATIoN OF THE GRAND JURY-IMPoRrANr
AND INTERESTING CHARGE BY THR RECORDER
AuousT The court was convened this morning icr
the August which will be devoted exclusively TO the
t daily 1t will last 1t Is supposed not more than three
O. four days.
The following Grand Jurors having answered to their
names we're sworn Morgan Morgans Esq, (ex-Presi-
dent Of the Board Of Aldermen) Foreman James I.
Berthe william Chambers, Hugh Donnely Samuel
Dick Howell Hoppock, Samuel b. Halsy, Leonard L.
Johnson James Little, Matthew Morgan George Merk-
Ter John Mason William T. Mackerall Gabriel Mead,
Joel b. Purdy, Cornelius Riley, Aaron swartx Isaac O.
TAYLOR, George Valentine, John b. Webb, John White
John Westerfeld and Ewart Williams.
CHARGE HONOR REcoRpER-rHE HENRY CLAY
CALAMITY AccpENTsBY sTEAMERs-PUBLIc HEALTH
-RowDYis s--pRUNKKNNEss AND THE cRoGGERIEs, ETC.
After some preliminary remarks on the general nature
of their duties and congratnlang them on the malness
of the list remaining for their action the number Of
prison which bills have not yet been found being
but 47-he whole Of the prison calendar given in
yesterdays HERALp)-His Honor continued Among
offences against the public health You are particu
larry required to inquire into all of nu
sances and those acts by which the maladies Incl
dent to the season may be engendered or created
at this period of the year The Introduction of
disease, II permitted, may spread death and misery
in every direction Included in the various subjects
for your consideration would also earnestly your at
tenton to the Of personal violence and
rowdysm which have of late occurred attended often
with painful consequences There can be no doubt that
this evil has reached to such degree that personal
curity has become much impaired and personal safety
much endangered. Is
courts energetic action herein to enforce the laws
Your special consideration is invoked to this subject
These aggessons in most of the may be traced to
the vices OF drunkenness gambling and debauchery Few
the in which the accused do not offer
cuse that they intoxicated when the act
mitted The vice of drunkenness no doubt an nceu-
tive in many instances TO these and other crimes and in
this city. in many cases. the administers of the
poison cupabe the aggresors themselves if not
more He then required by statute. charged them
the subject of the lottery election and gaming laws
and observed that they authorized to inquire into
public officer magistrate The construction and
agement Of public buildings and vessels for the
cation of large numbers Of persons including theatres
churches. school houses. and other establishments
STEAM EsGINEs-THE HENRY CLAY CALAMITY.
Upon this subject his Honor said-You also autho-
rized and required to inquire into the condition and
railroads. and steamboats, The numerous accidents
which occur in the employment Of them and the dread
full consequences which follow make manifest the
IRENE necessity of this exercise of your authority
Rare indeed is the day which is not attended with
Of these casualties and their melan-
choly results-the awful death of more persons
by the employment Of these mighty engines Of human
enience. Alas by inattenhon unsklfulness
wanton careessness rendered too often the
of destruction death and intense misery The ap
paiDg catastrophe on the Hudson river to steam
eel of this city said to be of the first class plying between
this and Albany when crowded with passengers, with
large numbers most respectable citizens and their
families in the vicDitynay close to and the very
shore, in open day, in calm. bright weather. in mo-
ment when those passengers had just to be under
full Of perfect security-an event by which the
aged the eebe and the helpless well as the young
and the strong in large numbers and under agonzng
circumstance suddenly taken out of existence by
which many families are plunged in suffering and
affection; many deprived Of their support Of their
dearest relatives and connections, husbands and
wives, parents and children, brothers and sisters.
forever separated-is proof too horrible to be dis
regarded of the extreme necessity of rigid examna-
tion this subject law Of this State exists deciar
ing the act of creating allowing to be created
due or unsafe quantity of steam for the purpose Of
ceiling other boat in speed for the purpose of in
asing the speed Of such boat, misdemcanor. All
violations this within the county it is your duty to
inquire into And 1t falls within your powers to inquire
into any violations Of reasonable and proper care not
only in the construction and arrangement and main
OF steam vessels steam engines railroads and To-
comoves employed within the county in safe condition,
but in the employment Of engineers brakemen tenders
the switches turn outs of railroads and other officers
having authority in the direction control partially
subordnatey otherwise in the Of these various
truments and into all those things the of compe
ency as to which endanges personal security or life The
excitement. sorrow. and woe, which far and wide
exist NUT not however induce you to deviate from
impartial and just examination Your duty is to make
the examination fairly fully. carefully. and dscreety,
and only to such offences within the Jurisdiction
Having given them few minor directions the ordi
business before them he dismissed them to their la
bors
CHARGE ASSAULT WITH INTENT
William 0 Brien was placed on his trial charged with
deliberate attempt the life of his brothir inlaw Pat
rick Fagin in discharging pistol loaded with ball at
him. the Goth Of June last The District Attorney
said he thought the evidence would establish most clear
and deliberate assault with intent to kill In the present
state OF the city when such assaults common the
knife ard pistol being commonly reserted to. in
where resort was had to dangerous weapons
etpt in the cleareet of self defence he would
public officer prosecute for the felony and ask convic
lions the felony and whether they could not sue
coed and put down system Of violence rife through
out community. lie then called his witnesses fol-
Patrick Pagan examined-Liyes at corner Fifth street
and Avenue knows the prisoner who Is his brother
in law witness is liquor dealer. On the Goth June
last, about FIVE minutes past eleven O'Clock had been
out on business and returned to his house where
be occupied the store back baement and part of the
second floor in the front Bren lived at the of
Ridge street young man, named Tully whom he
knew to be associate Of his (prsoners) standing
by the hall door and he came along he pulled the hat
over his eyes witness went inside BY the hall door to
the store and pulled off his clothes to 90 and clean
down the horse he thought OBrien might be about,
and he went out to see whether it was OBricn
Tuy. as he was not certain went to where he had
seen him. and found him moved little further off and
he went closer to him, and asked, he somewhat
to-Mr Blunt said he would show that they came to-
GET her by appointment The point not ruled upon
witness then went back, and found 0'Brien crouched
in under the stairs leading to the the first thing
0 Bren said was, You die now, and snapped pistol,
which did go off, had bung starter in my hand,
tried keep the muzze of the pistol off, he snapped
against the gill somebody and the candle went out;
he sent the boy for the police and he stood at the
Are you there Pagan y let go the pistol at him
he was not bleeding and went out for the police the
police came and found BIien- who had out at the
rear into the next yard double barrelled pistol
found there he afterwards, with the officers. found
ball in panel Of the door, just over the place
where witness head at the time Of the discharge
did not know 0'Brien coming that night he had
threatened made allusion often before to poison
shoot him thought the last threat in January Of
this year when he into witness place intoxicated
and wanted to fight he said witness ought to be shot
poisoned and his brother was here he would do 1t.
Crosse xamined-Had been here four years; witness
had married the prisoners sister, OBrien kept liquor
store he had suit pending against witness growing out
of disputed dspossesng process he is in the habit Of
coming to my wife, his sister, never said he came
there would kill him he not in the habit of coming
there to his sister andsh in the habit of
ceang him, to my knowledge; as far ms know, he
TO annoy the place; he has told that he to
his sister well that she always wished him to
keep out Of the place. have known him to be hid be-
fore Q-Why was he hid! Al thought he wanted
to FIRE the house last spring twelvemonth / have
never threatened him with violence; did not hit
him that night with the bung before the pistol
was fired; do not think any present when he
fired; my wife down stairs; had pistol in my
hand that night nor for eight months previous;
fred gun pistol at Brien; took pistol out
Of my desk and followed 0Brien out of the house;
al fha haaav