The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-20
Court or General Sessions.

Before Judge Beebe, and Aldermen smith and Bard
MAY 10. The Forcrtie Entry Cdr.-The court, as
stated in tn days HERALD having pronounced the GER
irar, granted herein by Judge Mitchell nuity, and
notice having been given the called up this
MOI ming Mr John Anthem and Mr. Noble appeared for
the defendant 70 oppose further proceedings in this
court The former argued that the indictment should
be quash,d being. in fact second indictment for the
same offence quasi criminal proceeding being pend
ing in another court and that the writ valid and
electual writ until quashtd revoked by the court
above Mr.. A. Oakley Hail reped-The civil remedy was
distinct proce' ding altogether it under the
pie the relation Of the plaintiff But now under the
revived statutes 1t was not So and the only Indictment
forcibie possession with multitude of people 1t was
not found on the part of tie plaintiff but that of
people of The State for an offence committed in defiance
Of that people. and in violation of law The init
mated that the District Attorney need only cue
the point whether they could have crsiora; and Mr.
Hail referred THIN to the statute by which il
prcssly taken away in all In this might is
to remove from the Oyer and Termn to be
tried in the Circuit Court the civil side Of the
| Supreme Court Mr. Blunt had waited on Judge Mitch
ell yesterday afternoon and that Judge had Immediately.
The statute being pointed cut to him, admitted the
granting the writ was oversight and rev ,ked it,
appeared by his endorsement thereon and he (Mr iIa
had communicated the fact by letter to Mr. Noble The
defendant counsel had received such notice and Mr.
Anthem surprised at the announcement he had al
ways understood that Judge. when he had granted
wit ftn,cfus otci and though he might think he
had acted hastily must await the the court
and that he had individually power revoke it, and
he therefore without any hesitation pronounced the
dallowance blank piece of paper-t was order no
| had no power to make
Judge Becbc No than he had to make the FIRST
MIR Anthem would contend the first order good and
be must protest agant the District Attorney armed
he with authority. going rdre before Judge
thing unheard of-an unjustifabe interference with
the rights of the citizen who had obs incd the No
again. had right TO take that original writ from the
court where 1t had become record as soon as II
| fled with the clerk
The Court said that they had already decided on tho
point that the original allowance Of the writ a VOID
allowance and the notice they had directed to be given
only act Of courtesy: when the Judge granting it
had himself concided with them. and revoked it, the
necessity for that courtey ceased to exist but they felt
it would not be fair to press him to trial this morning.
they would therefore order the to stand till
to and if he could obtain order 1t
| to Tho Oyer and Termincr they had no objection.
Mr. Anthem applied for further time they wished to 20
to the Supreme Court and motion could probably not be
Judge Decbe raid the cause must stand for tomorrow
morning. unless he could arrange with the District
] MIR Hall wished to expain-Mr Blunt ID attended
Judge Mitchell, without any intention Of getting the
writ revoked but he (Judge N the MON mt he
would meet the gentleman with pleasure time in
the supreme Court The witnesses thea directed
| to attend TO morrow morning.
II Common CoS-James smith respectable looking
man, OF good address, pleaded guilty to charge Of
grand larceny in stealing some ewery to the amount of
to throw himself on the cemency Of the Court he had
endeavored TO the utmost to do we'll and in good
situation but the police had followed him up ana it
being known he had before been in State prison all
his Efforts to obtain honest living in vain
bitter the feeling against him He had married
recently felt the situation Of his wife mich more
keeny than his and If favored with their cemency,
would never again appear in a court Of justice The
remarks TO him and in the hope that he might yet
treve his positions task which he saw needed more
than common ehort-sentepced him to the lowest
they consistently could-thrce years in the State
| prison.
1 Seeing tie Elephant -Jeremiah T. Reed alias Jerry
or Niger Brick notorious denzen of the Five Points
was charged with robbing William Fowler a farmer of
Newcastle wesSneser county Of contain
prosecutor elderly and evidently very from
the rural districts. adhered very pernaciouy to the
main facts OF his story though he admitted his memory
was not very clear to the circumstances, they
CURED on that evcntfu morning lie had arrived the
previous day, and he supposed might DO little in
liquor that morning when he took go buy
char Tor his daughter man came up-hc could not
tell whether he was black or white Jcrrys complexion
certainly would be hard to determine told him he
would show him whore to get aud led him down
cellar corner Of Leonard and Orange streets The
appearance OF this cavern had evidently surprised the
stranger; but after little while he asked for glass of
beer aud gave Jerry three dollar bill to fetch 1t with.
The beer came. and he drank somc-but. somehow or
other he brought him the change daughter
when he moved to go away the prisoner had dragged
him back and took his pc textbook from him and passed
II toa woman there lie got away, gave such DIES.
cripton that the police recognized the hand Of Their
old acquaintance, Jerry in the transactions and he
very shortly afterwards arrested Witness recog-
ni1cd the prisoner in Court, and quite certain
| II wcs he, though he had different coat On
member how many there thcrc--he thought four;
| he remembered black woman in bed (Laughter)
lie was very much surprised with the look II the place
but was not much confused TIL after he drank the beer
Did not rmember going into the other with the
girls Did not think he in any other than the
enc leftro he drank the beer his recollection did not
60 daughter Many Young girl who had been detained
as witnts was here called told the whole story
'ey distinctly Jerry had suggested the stranger should
trsat and got three dollar bill from lin for tho purpose
| with which he went out and did not for some
time But sent The beer After The prosecutor had drank,
there was sediment Of about inch in dep Of snuff in
the glass and after that be dhc prisoner came in aud
siztd The old man n he wa having took his pocket
q & lock In tl4syy In