The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-09
ynatea States District Court.

United 8tAtcs District Court
Before Hon Judge Judson.
MARCH 8-The following genticmen were called on enc
Jared L. Moore (forcman) Jeremiah B.rnum Joseph
ID. Bedford, Samuel H. Benedict, Gilbert Ccland. William
II Dodge, Benjamin Hutchinson Hermann Mass, Thos
McLealAnd, Abel Miles John Thomas Isaac Ward iona
Codffy Charles Herbert Henry Raymond. John p Half
Augustus l.. Wood, William H. Merchant, Samuel w.
brigham, Gilbert s Herbert, George Horn, David b
Turner, and Thomas Mcknight,
Judge Judson then proceeded charge the Grand Jury
lie said -
GKnTLrsEn or r,r GRAND jury Since meeting You
here few days ago. have examined the criminal calc
dar for the present term and find necessary to submit
somo remarks to you illustrative Of the offences which
are TO be the subjects OF your examination Upon such
examination il found that the public business does not
require that should consider at large the criminal code
which may be pending this term BY the list before mo
there are eight TO be investigated differing in thel
Character and If proved, requiring different degrees OF
punishment. Theft you know, Ia the taking, stealing
and carrying away the personal goods OF another with
feionicus intent But there comparatively few Of
fences Of this class committed which cog
uigabc in the courts of tho United States because the
larceny must be committed within some place under
the sole and exclusive jurisdiction of tho United States
upon the high TO authorize tho Grand jury TO
find true bill for larceny they must find also that the
crime was committed either on tho high seas or
where the state laws have control but juris-
dioon Of the place is exclusively in the United States
Ey the 22d section of the act Of Congress Of March
1s25 it is enacted IA follows -" II any person persons
upon the high in any Of the in any
river haven creek basin, bay within the admiralty
jurisdiction Of the United States and out Of the juis
dicon Of any particular state board any vessel be-
longing i'll whole or in part to the United States or any
citizen or citizens thereof, shall, with dangerous
weapon; with intent to kill, rob steal; TO copinit
mayhem rape 10 pcrpctratc any oher felony, com
NIT an assault On another such person s on conyic
ton, be punished as therein specified" Here you viii
that in order to find bill to convict for assault
with dangerous weapon you must have the proof that
the act done in OF the places and with the intent
provided in this section. There Is law of Congress
making it pena! to make out any fraudulent invoice o.
goods. The enactment is az follows -" II any person
shall knowingly and wuly, with intent to dcraud tho
revenue OF tho United States smupge or clandesnciy
introduce into the United States any goods wares
merchandise subject to duty by law and which should
have been invocod without paying or accounting for the
duty; or shall make out pass. attempt to pass
through the custom house fase forged or fraudulent
specified therein" The objects Of this provision and the
provision itself clear that explanation is
sIy Self interest and love Of gain implanted in
that thousand guards TO be thrown around the
rights of the government and for the protection of its
interests and revenues The necessities of the have
some years ago suggested this provision and imposed the
penalty provided in the section which has been quoted
The government are obliged TO guard the revenues
Of the country, with watchfu eye, and an un-
firing step. The part which deyoycs the Grand
Jury, to seek out and indct those who violate
the law. in these particulars, il imperative. The
two remaining cases on the list, relate to mariners
and matters at The of the country has
been, and we may hope may continue TO be
of the great of national wealth and prosperity
Through its hazardous and well regulated marine
oil impost duties without which the manifold opc
rops Of the government would be INSTRUCTED to the do
trmenf every department Hence there has ever been
unhesitang recognition Of the right of the master
chastise and puHish the for disobcdencc nc
glcct Of duty, rioous and tumultuous conduct, for
mutny and revolt AT length, by the law of Congress
passed march 1853 il was enacted that endcavor to
make revolt or mutny, although it might not break
out into actual revolt muny shall be punished
crime. This act, it is believed, contains the most
saGtaIy provisions and rs preventive measure, has
saved many ships and many lives by reading. at your
rcom the second section of this act you will learn what
fnctS are required in proof to justify the finding
Of a bill of indictment this section. The
right and power thus accorded to the master over the
mariner while at sea- sometimes has produced the effect
masters Of vessels to exercise this power wronguy
and oppressivcly When master ola vessel suffers his
i'll temper to become his master and malignant spr it
dictates punishment, then inhumany and cruelty cha
racterse his command Hence. Congress in its wisdom
have enacted law to teach the to temper his in
fctions with humanity, instead Of cruelty. Here
those provision" That if any master other officer of
an American ship or vessel on the high any
other waters within the admiralty and maritime juris
dction Of the United States shall from malice, hatred
revenge, and without justifabe cause, brat wound
imprision any Of The of such ship or
vessel withhold from them suitable food noursh
mert inct upon them any cruel and unusual punish
mcnt such master officer shall be punished according
the provisions Of such act The Grand Jury viii
that in this section OF the law Of March ID 1885 there is
recognized the power OF the muster to nict punhmcnt
for reasonable cause. But when master takes upoI
himself the powers and responsibilities Of that relation Ii
must rem, niber that he cannot bent, wound mprison
or iniict any cruel or unusual punishment upon mari
rr. without iustiiable taufe, and that ir j. equally
amcnabc TO the law. With these suggestions gentlemen
q; ii.c Grand Jury you will On Your retirement take NJ
and investigate such OF alleged oriinnaly as IN
aIucd District Attorney may causc to Inv before YOU
and return TO this court uch bill bills Of indictment
in your judgment have been supported ~ competent
prof.
TIRE TRIAL or THE ALLEGED CUBAN garEDiTIoSISTs
The United States j. H. o Saicn and a. Iiiac JoWis
This which has been long expected to be tried and
which has created great anxiety no. only in this city bu
throughout The United states, called and both
parties being in readiness the Clerk proceeded TO call the
petit jury
The District Attorney (aTr J. Prescott IIall ana Mr.
Ogden Hoffman, appeared the part of the prosecutions
Mr. \. B. Cutting Mr.. John Van Buren, and Mr. Edmon
Blankinan. appeared on behalf Of the accused
Previous to the empanong of the jury, Mr. Ogden
Holman asked the court If il had to the conclusion
whether he (Mr Iiomon) was there intcilopcr
The Court said he understood there was some further
discussion TO 10 on The matter.
The District Attorney begged OF the Court to decide the
question now as might be necessary at any moment
for Mr.. Hoffman to take part in the proceedings.
o'stLLNAN.
Mr.. Cutting requested that Mr.. Osulliyan might be
heard personally ON his objection which he would state
by way Of protest.
The District Attorney Objected to Mr. O'suvan being
heard, except through his counsel.
Mr. Cutting then proceeded TO read the following pro-
test, on the part of Mr.. 0'Sulliyan
request permission to lay before the Court in thi.
form particular statement Of my objection to the
citation Of extra counsel to reinforce This prosecution. in
order that ii may distinctly and freely appear III The
ports Of the trial The law under the constitution pro-
yidcs the whole machinery Of The public justice in which
the Office of public prosecutor belongs to the District
Attorney; who quasi or semi judicial officer competent
TO act only after being confirmed by the Senate. the
Executive nomination and after taking an oath Of office
and who then in the discharge Of its duties repre- ents
not the Executive but the people and the law He
receives large salary, and IL selected on the stump
ton that in point of talent and learning he Is fully
peont to protect the rights Of the public justice well
the equal presumption that the honesty OF mind
and upghtness Of character which the Senate has reco
nized him possessing will permit him acting
der the socmnity Of his OATH to push any further than
and simple justice, to opportunities and powers of
his Office. The law having thus created suco sworn
public prosecutor neither Mr. Webster nor Mr.. Fillmore
has any rehtu authority create another extra ad
ditional for particular occasion without warrant Of
law. without confirmation by the Senate. and without
cath They have no rights thus 10 intervene in the
courts Of justice against citizen accused. They have
business there all They have right to give such
evidence CT special Executive interest in the promo
ton 81 particular prosecution and that political one.
Tboe potent federal unctonsrcs. et the head of party
and administration with policy to promote and pur
may often be reasonably supposed TO have other mo-
Nes in such than pure and impartial regard to jus
cc and law and the fair rights Of the citizen accused
under their prompting. IL my be pout Of political
expcdicncy Of party interest feeling to succeed in
prosecution pcrhapa the expense of stainng