The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-08-07

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Court, Onacers. Assistance. Silence.
Tbs case for the prosecution rested hero
Mr. Spencer, for the defence, wished to have the
knife produced and after waiting short time, II was
conceded that 1t ordinary pocket knife Counsel
addressed the jury but called witnesses-not
| the gentleman on his rght"- arguing that the
| could only amount to Of assault and battery.
The Assistant District Attorney submitted the case
under the charge Of the Court and the jury after an aS
| and battery ouly. demanded for judgment
| ANOTHER Rowpr CAsE AND CoswcTior.-THE CENTRE
STREET AFFBAy.-John Brennan, hard looking b hoy
aged about twenty two who indicted, with Catha-
rine Pons, for assault with intent to kill Henry
took place the sth day OF May last in front Of the
cellar kept by the female defendant Of Canal and
Centre streets The circumstances were fully detailed
and coroner. and it will be recoected that the ARRAY
was very serious one, in which young man named
Murphy was killed, and several were wounded The
present question to Brennans identity and tho
prosecutor depose6 he certain 1t Brennan that
down into the cellar and spoke to them telling
them it was their best chance to clear out them that he
went up again and returned as he prosecutor and his
friends were going quietly Up the steps the prisoner
knocked him down, aud he immediately felt he
stabbed he afterwards stabbed in the street An
other witness Mr.. Nook, who himself stabbed also
positively to BepDans identity and that he
him with . knife in his hand The jury, after very
short absence returned verdict Of guilty The prisoner
was rtmaEded for sentence.
Before the Recorder and Aldermen Doherty and Smith
AuGSsT 5.--CLosE TERsi.--Grand Larceny
George Sheridan indicted for burglary in the third
degree in breaking into the shop Of John Garland
the night Of the 18th July last and stealing pocetbook
containing promiso notes, SC tried and
convicted Of grand larceny Sentenced 60 two i'm
.1ttnspt 10 Commit Baglag-John Gordon wa,Itricd
and convicted Of an attempt 70 commit burglary At the
store Of Cornelius Hed0sn and Abraham l.. Earle tae
Sth July Sentence two years anu Two months in the
States prison.
rREsENTMENT By THE GRAND JURY.
DISCHARGE PRISONERS NEUTRALITY-SUSPICIOUS. OF rifE
HENRY cLAy-opiSor TIE DISTRICT ATTORNEY, ETc
The Grand Jury having disposed of the business before
then made the following prcentment and were dis
charged
The Grand Inquest in concluding their abors desire to
10 the Court their action relation TO the several
subjects brought before themrst in relation to the IL
legal discharges frequently made by the Aldermen and
Police Justices OF the city and second whether they had
jurisdiction the matter Of the unfortunate burning
Of The Henry Clay which attended by such fearful
loss OF life Upon these points they had addressed let
ter to the District Attorney and received from him the
following answer
OFrIcE or TIE DIsrRicT ATTORNEY rHE
Cry AND COUNTY or NIw YORK.
August 4 1852.
Gentlemen--I hasten to reply to your communication
requesting views IS to the assumed by tue Alder
and Police justices in constantly dischargDg offend
without any judicial Investigation The subject Of
great Importance and of public complaint, has
already commanded my attention embrace, therefore,
the opportunity afforded by your communication to
place before you the constituted guardians of public
order my legal conclusions upon your enquiry. The
powers and duties Of aldermen In this city derived
from the charter and from various statutes which either
modify restrain or add TO the powers conferred by
the charter BY the charter, vol 'o4 and 100, alder
created conservators of the peace and clothed
with the authority Of justices of the peace in criminal
Their powers in relation to the arrest and dis
charge prisoners when conferred prescribed by
statute, derived from the common law respecting
justices Of the peace constable or peace officer hay.
ing arrested offender lnay conne him. and it is his
duty to keep him in custody until he brings him before
justice Of the peace. The prisoner is therefore,
dic for suffering escape when the prisoner
improperly bailed i Chitty Com Law; "a IS Chit
ty. III (note 1t is his duty to bring the prisoner
within reasonable time. before magistrate exa-
mnation That magistrate to take the examination
of the prisoner and OF the Witnesses and either to dis
charge to bail commit hut he neither without
judicial examDatio other person or officer can
interfere than the examining magistrate, except officers
authorized grant haLoGs corpus. Being in legal
toay the prisoner only be discharged by process Of
law. am not or any rc!pal Of law of any
authority warrant Justice Of Peace in giving any
orders directions to constable having prisoner in
charge unless the prisoner be before him judicaly and
then ony 10y proper process Inc constable y rs mucn
officer Of the law tie justice, and amenlble to
him only IN due Of law Among the cleme ntary
writers and The ieases the and dnties Of Jus
tees ud shadow OF authority Ia order the discharge
of prisoner either orally IN writing unless after u
dicia examination and by due process or order. Nojus
tce, Gritty Vol l. 500 can superaece the war
rant another without formal and legal examination
The commitment by the con Stable is gal rant, and
the princirl" is he same The case Of the King rs
Brccke apd oibcr Term Rep lol Elbows hew the court
Of the Kings Bench rgarGs similar conduct The offence
there charge against magistrates was he aaing upon
thenseh Discharge the prisoner without eycn hear
ing the egatiors aeast him. This means II course.
JUDICIAL hearing. / have 10 doubt Therefore. that
no Alderman or Police Justice bas the right
to difchaYgc y prisoner from custody. un
less upon judicial examination. after hearing
the charge and witnesses. The right has nerer been
claimed BIZ aldermen in any other city in the State al
though they have the like general powers OF our
aldermen nor has it been assumed iu London To your
request respecting the late appalling event upon the ud-
river. answer that immediately upon Ia occur
dciberacd upon duty in the matter but as
ceraintd after careful examination OF the statutes ara
decisions relating offence embraced in the desruc-
ton Of the Henry Clay that our county was without u-
rsdction in the matter The Revised Statutes provide
that when offence shall have been committed in this
State board of any vessel navigating river lake,
canal indictment for the may be found in
coufu through rIh ag part of uch such rcssei shall
be notlgoted tie Of tie royoge "trip in the
county tc such rciGgc MIR shalt eriatnd!e RMS sta
tue is in deIogaon of the common law OF dction,
but its provisions definite The fact that the Henry
Clay novigated in the county Of New York In the
Of her i'll trpthe further fac; that the lat
ter terminated in the county of ana thnt the
trip having by the running of the boat ashore
in the latter county before loss Of life occurred seted
in my mind any doubt which might arse s upon
the effect that New York county being the Intended
termination of the trip there arises ior INC
the criminal has taught that 1t Is safest never
TO afford accused the opportunity Of raising question
Of law. whereby, II guilty, he may escape and from i'm
munity nothing Of reformation At the proper time
il they in any way be made available shall be
pleased tender my humble services in aid assistance
of the District Attorney of Wcstchester county in the
prosecution which have doubt from knowledge Of
the constituted authorities OF that county will be carried
on against those Of the owners officers Of the
Henry Clay who may be charged with the necessary Of
fence With great respect your sbedient servant
N BOWDllCH
Highuoy ROBBERY Charles Lynch charged with
robbipg Mr. Owen Sheikoy, the night of the 9Th Of
July 1852 of gold coin to the amount Of S45 The oc-
cure place in Church street and tho particulars
have oil very recently been before readers when 1t
was investigated before the police The jury, after
absence Of about three hours, returned with verdict OF
guilty.
SECOND PART.
Before Judge Be- be ard Aldermen sturtevant and Barr
SraIng Horse and Caf-George Hearn was convicted
Of modestiy walking away from the house Of anthony
Darlington No $50 Hudon street with horse anu cart
which we've left standing in front Of the door Sentence
two years imprisonment.
Btpgq,p and log Siealiag.-Wnlam Poster was con-
yctcd OF breaking into the premises Of Mr.. Green IN
Barclay street on the night of July 1lth and stenng
two dops-a bull dog and English terrier sentence,
two years imprisonment.
s,atnces-lohn Brenua n convicted yesterday Of stab.
bling Henry Peters In the Centre street row. was senten
ced 10 five years imp nonmcnt.
Patrick Iiuess, convicted on Tuesday OF yiocm as
sault with knife Richard Martin was sentenced 70