The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-12

lation of duty In tho cases Of accusations Of
obtaining goods or property under false pretences,
under all tho delusons and excitements of disap-
pointed creditors-of unfortunate, iniprudent, and
perhaps censurabe, but not criminal debtors. Mer-
chants generally ANXIOUS to dispose Of their
goods ard in the multitude and collections or the
extensive transactions ever current in this large
community failures and consequent collisions would
occasionally arise, often attended with fierce and
feelings of hostility leading to erroneous
plants OF this oature. Ii was important such cases
should be very maturely and carefully examined
The proof should be clear, the preence material and
the act complete, to their satisfaction, before they
indicted, much injustice had been committed in
charges of this kind 1t was important that the
eases prisoners in actual custody should be first
tended to Ard with these remarks the business Of
the term, for their action, was commended to their
attention.
The Grand jury then retired
TIE INDICTMENT AGAINST THE COMMISSIONERS or
NEUTRALITY-SUSPICIOUS.
Mr. John Il. Devlin appeared on behalf Of himself
and the other Commissioners Of Emigration. lie
was instructed TO explain that they had heard, and
observed in the papers, that their conduct was con-
sdered contumaeious in not appearing 10 the indlct
ment found in this court against them They re-
gretted this, and had no idea OF claiming any in
diligence privilege from the process of the court,
not allowed their fellow. citizens. The fact was,
that the house in Canal street complained CT had
been repaired and altered, and they understood
acHe a90sefut had been was about to be- entered;
otherwise they would have appeared on the first
day Of term. As that had not been DONE lac would
deu,ur TO the indictment, on the ground that thu
offence charged was insufficient to constitute
public one, rs il not alleged that the nuisance
was lrejudieial or dangerous 10 the public health.
As far rs he was personally concerned, he supposed
II note pfoStqpf would he entered, rs he not
Commissioner a the time laid in he indie ment,
having resigned month previously.
Mr.. A. o Hall, Assistant District Attorney, said
as this course involved puro question OF law, it
Il Hos. IL
in attendance lie would argue i: on Saturday.
This Mr. Devin undertook,t to Do. and the witnesses
were discharged from attendance for the present.
BMI NEUTRALITY-SUSPICIOUS. OF THE PRISONER,
AND rRoTEsTArioN OF lNNocENcE--A WITNESS
COMMITTED FOR PERJURY.
JUNE l0.-Ihe trial of John w McAlpin was
resumed, some further testimony was taken, and
Mr.. Spencer summed up briefly for tho defence.
HE agreement gnder which the prisoner acted
having peen put in evidence, counsel raised an
".ecuon that he was quasi partner of the prose
cutor, and not servant or salesman The Court
held that the agreement did not so constitute him,
and that he was salesman, receiving n specific
compensation: and as such WAS within the meaning
of The statute.
MIR. j. u Phillips summed up for the prosecution,
putting the main question to the jury, whether
they would place oredence in the testimony of Mr..
Porter. who was unimpeached, or the Witnesses
for the defence, from the prison in Brooklyn, whose
account OF the conversation between the prisoner
and Mr.. Porter conceded TO syllable, and each
with memorandum (produced) in the prisoners
handwriting, all OF which circumstances raising
n strong suspicion that perjury had been committed
TO gross extent, for what inducement they could
not tell. The prisoners own letter. too, in which
he admits having borrowed" the sums in question,
was at variance with the theory that he had been
authorized to apply them to his own
Counsel here read the letter, which was rare
specimen Of GOODNESS and etlrontcry. 1t purported to
come from Boston, and was dated two days before
his arrest in Williamsburg. 1t was as follows
DosroN. II O'Clock A. NJ. "Wednesday
Mr.. ". PORTER A short time since received let
ter To the effect that and dear relative of mine in
England. had died and left three thousand pounds
sterling together with TIE fact that ii is all moonshinc
for any one but native Yankee expect permanent
position in this country as has bsen provedn my
recently although the abilities of the latter are in ali n-
stances very much Inferior still the native American
prinrple predominant Taking these facts into iera
ton have left hui the alternative ting inn
mediaely ria Boston to England left New York ut three
ococh on yesterday ana arrived here about twelve
last night leave here at Twelve o'clock thi. day for
LiyslpCol by the steamship Niagara and /
cuNti noln re cts q my winter 'oJ age after landing
| on The ether eide. purpose writing 10 you from
Livulool. regret exceedingly TO have been
con p.!ed 10 borrow the uni,rnentoned sums from
/ scu, Il eGale me to got 10 Europe ana get
/ Iossetfien Of my money. ! have received s!ij 30
Dcn the !,all, N Road also the amount duc the
New l.ey, HoGd and $50 from tae Long Liant X I'd.
toeeih.r With tie amount for the three stna. 1
iat,ls iCok there ! haze made arrangements with q
g,rti in New York repay you every dollar Of the
nblI. 1ci DING take j. patiently and Of evil 4
"a III "a aoar~ T. 10 cboose The le,t shorty afler
ny arrival in England purpose writing both You
the gent man that have authorized settle win you
iour samples OF sna lamps and one set OF signals are
On hoard The United States steamer at the sectional dock
be o'h'I yet q Sights IRE on board captain Wander
lts steamer Northern Light, foot Of Water street
Gard IN charge of DIR Lewis, chief officer. You may
&c assured with all confidence Of you only have pa
ii,uce) that, please God am firmly resolved cause
youto be paid every cent possible and. in
decd it is Of the greatest modification
even Inconvenience you although il Is but for short
tine. have wis. arranged with the gentleman
referred topay you interest at the OF seven per
i yail 1 viii tran smi
/ you correct statement Of ALL
have caus my own name not to appear in the list
| 81 passengers.
A. the steamer stats in fifteen minutes must con
cote Tor the present. and believe be yours sin,
| ctrly. j McALpIN,
The Recorder summed up. in consequence of the
prisoner principally conducting his own defence
much more time had been occupied than was need
iul. Many circumstances bad been intr 1duced which
were all admitted; but upon the main there was
yaiinDee. With respect to one witness for the
Prisoner, (William Grant, who was yesterday COM
nitted tocustody till the should be concluded }
he certainly thought his testimony should be taken
| with great caution. IL was for them however, To
weigh the crcdibility of all, in connection with the
| probability OF their respective stories. The case
was undoubtedly such one as She statute was de-
signed to meet. Tho jury retired, and after alb
sence OF about an hour returned with verdict OF
guilty but recommended the prisoner to mercy.
The prisoner, In reply to the usual question, as
serted his innocence. He had never wronged the
prosecutor by thought, word, or deed.
ton of the jury, would pass the most leuient sen.
tenee the law would. permit-that he be imprisoned
| in the ~ ate prison for two years,
Mr.. McApin complained that his lawyer in Brook
Jn had deceived him, and that justice had not been
\ done. He wished to know whether it would be pos
\ sible to obtain trial, and was informed chat
the matter now rested with she Governor, to whom
he could communicate anything that would improve
the aspect of the case. The prisoner was then re-
moved.
The witness Grant was then called to the bar and
on the motion of the District Attorney was com.
United to prison on charge Of perjury.
nEFAuLTING JURORS FINED
When the jury in the above case had retired an
other was called, when only eleven answered /:
wbcieuIon. fine of S25 was inflicted on several OF
tic deEluiters, ard those in attendance were dis
charged. Consequently. no further trials were
taken up.
HIGHWAY ROBBERY
JUNE l1.-P.tor Hollis, an old offender, let
black, sturdy locking fellow from the Five Points,
was indicted with Hugh McEae, n white boy, about
sixteen years old, of quiet, decent appearance, for