New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-08-06

hiss already commanded my attention emb race therc
lore the opportunity Afforded by your communication
70 pace before you the guardians OF pup
| Il, order, my legsl conclusions upon your inquiry
Inc powers and duties of Aldermcu in this city are
uSINed from the Charter and from various statutes,
"uln ether M dlfy restrain or add 10 the powers
conferred by the Charter BY the Charter and BY the
Revised Statutes, vol No > 7O4 and 705 Adorned are
crested eooseryaors OF the peace and clothed with the
sutnorhy OF Justices OF the Peace in criminal cases
Their powers In relation the arrest and d.chsrse of
prisoners when not conferred or prescribed by statute
are derived from the common law respecdcg Justices
Of the Peace constable or peace off Ger having Ar
rested an offender, may confns him. and il IL his duty
10 keep him In custody until he brings hi IN before A
Justice of The Pesce. The prisoner 10 therefore 40
much In lawful custody that the constable may be In
Gcted for suffering an escape even when the prisoner
IL Improperly hsiled | Chitty, Com. Law, -, B.
Chiny III (Note)
III: bis duty to bring the prisoner, within reason.
able time, before magistrate for examination. Tnst
magistrate IL then 10 take the examination Of the prs
and of the Witnesses and either TO dschget TO
bsi or 10 commit But he can do neither with )ut ju
dcial examination. No other person officer can in
tefere than the examining msgi.trate except officers
authorized 10 grant a hAbeas corpus Being 10 legal
cust dy, the prisoner only be discharged by pro-
cess OF law am not aware Of any principle OF law,
OF any authority 10 warrant Justice OF the Peace %
giving any orders or directions 10 Constable having
prison eT In bis charge unless that prisoner DO before
bin judcGily and then only by proper process The
Constable 10 much officer of tho law rs the jus
tce and Is amenaole TO him only In due course OF law
Among the elementary writer's and the treArses on
the powers and duties of Justices, 6nd no shadow
of authority TO order the discharge Of pri'oner
either orally or In writing unless after Judicial examins
lion and by due process or order No Justice says
Gritty, vol PIP 367) can supersede the warrant OF
another Withc Ut formal and legal examination. The
commitment OF the Constable 10 legal warrant, and
the principle Is the same. The of the kng
Brook and OILERS, Term. Rep. 1874. shows how the
Court Of the hings Bench regard similar conduct the
oense there charged against was the taking
uiCn themselves TO discharge toe prisoner without
hearing the hlegt 4inst him. This means
Of cou'se, udici,l bearing. | hsve doubt, there
icre tsst 20 Alderman or Police Justice has the right
g. die prisoner from custody unless upon judi
c's tNsu irhiop, after hearing the charge and wit.
res'es TIE 'iGh' has never been claimed by Alder.
in sny ether city in this State, although they have
TIE ke general powers Of our own Aldermen, nor has
i, teen assuu I'd in London.
To your quest respecting the late appalling even:
upOn the Hu6s0n YER, answer, that tmme lately upon
rs celebrated upon my duty in the matter,
bur scertsr, after careful ex,ninston of the statutes
ard decisions relating otense embraced in the
obstruction Of the Henry Clay, that cur County was
without jurisdiction 10 the matter. The Revised Statutes
provide that " when otense shall have been com
mi,tPd In this State board OF any vessel navigating
any River, Lake Canal indictment for the same
msy be found IN any County through Nhtch or any part
Of rh,eh such resSi shall be RGrigdtd in the course Of
The SAME roydse trip, or in the County phvs sEct
rOyGge trip shall terminate
The statute Is in derogs,ion of tho common law of
jurisdiction, but It's provisions are definite. lac TACT
that the Henry Clay not nsvlasled In the County
OF NwYoik in the of her Inflated tup-the fuc.
ther fact that the latter terminated In the County oil
Westchester and that the trip having terminated by the
running Of the boat ashore In the latter county before
loss of life occurred settled in my mind any doubt
which might arise liberal construction OF the last
sentence Of the statute TO the effect that New YORK
County being the intended termination OF the trip there
arises isociiOn for the Otense But waving statute
construction, my experience at the criminal oar has
taught that safest never to afford an accused the
| opportunity Of raising question Of lay whereby, II
guilty he may escape and from immunity learn moth
ing of reformation Al the proper time, II they can 10
an) way be made available shall be pleased TO render
my humble services In aid or assistance OF the District
Attorney Of Westchester County In the proIe sutton
which have doubt from my knowledge OF the con
f,itud authorities Of that County. will be carried on
seairst tho.e OF the owners officers or crew of the
Henry Cay who may be charged with the necessary
ofense. With great respect your oot seryt
n. BOwDrTCH BLUNT.
FGREs.-About 121 O'Clock on Thursday
morning fire broke out in thu paper hanging estab
lbhment Of J. r Drew No. 32l Bowery The ire de
pertinent of the district were early on the ground and
toon exinguished the flames Damage, about $500.
At an early hour same morning. n fire oc-
CURED in the premises No 800 Greenwichst, occupied
as shoemaker chop IL caused by the bursting o.
a csmpbeue lamp. But ttle damage was done, as the
flames were coon eAtingushed.
BURGLARY AND ARREsT.-Thc clothing
Establishment of Levy & Brothers, No l72 Chathamst
wss entered al o'clock yesterday morning ty three
bur glars who gained abundance into the premises by
cans of breaking PANEL in a rear door. Clothing
10 the value of $500 was stolen but subsequently re-
covered It appears thst Officers Mclaughlin and
Gsueham. of the Sixth Ward, while duty In Chat
hsmst, were attracted to the premises by the noise
made by the burglars, and calling TO their assistance
Officer Nealis Ct the ward they surrounded the
building with View Of catching the burglars. They
discovered ladder which raised against the rear
feuce Of the pre- nses and on looking through the
broken pannel OF TIE door they two men engag ID
in tying I'd large bundle of clothing These fellows
on hearing slight noise made by the officers, became
alarmed and rushed from the store, leaving their booty
In the ward Oue Of them Overlaken and arrested
He gave bis name No James Williams The other ct.
iected his escape. search was then made Ia the
store and another Of the party named He1ry De Luce
was urd concealed under the counter The prison
ers wtre locked up for the remainder OF the night and
Yesterday mcruiog taken before Justice B)gGt
who committed them 10 prison In default OF 5000 bail
A brace and bit and tWo lar chsels were found near
/ the door witch had been broken open They are sup
posed to be the instruments used by the burglars.
CHARGE OF GRAND LARCENY.-Michael
McCary head porter OF the Clifford House, Nos % and
! - PARK place Yesterday arrested, charged with
,esing three trunks cSntaiLng wearing apparel and
iewcy to the value Of $780, the property Of Mr. Porter
Sherman hardware dealer, of No 10 Broadway. IL
oppears that on toe 27ih al. Mr. 5 hired csrman,
ed Lawrence, to carry the trunks - the College
place Hotel corner Of Murray and Churchs!s, hut by
uistske the carman took the trunks 70 the Clifford
House ia Park place, where he left them On the 50
Inst II was esceitained by Mr. sherman that they had
lot arrived q. the College Hotel, and Lawrence tue
carman, applied to and the mistake became Known
Apycaon WA then made at the Clifford House for the
trunks bu. they were no to be found, al SIC Cafty,
the porter stated that they had been received there
bu, an application had been made the same day for
them by NJ Griffin, who represented 'ha, he va, a
partner OF Mr. Sherman and they bad been deliver Ell 10
/ him Mr. 5 then edverisei for the person no TOOK
AWAY The trunks lie yesterday appeared and stated
that he Rad carried them 70 motel Ia Jersey CRY 6y
! a. d. 4 -