The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-23
Court Of General Sessions.

THE SENTENCE-LEGAL ARGUMENT RELATIVE ~
THE JUDICIAL POWERS OF THE ALDERMEN.
Before Judge Beebe and Aid Brisley and Francis
JUNE o. The Court met this morning for the purpose
Of sentencing the Tammany Hall rioters John Austin
epd Others but the Aldermen not thinking 1t proper for
em to sit the BENCH sent for the District Attorney,
in order to hear his opinion on the matter.
Mr. BuLt having entered the Court said that he had
received notice that morning of the intention Of the
Court TO sentence the Tammany Hall rioters His atten-
ton was then called to recent passage of the Lega
ture relation to the right Of the Aldermen sitting on
the bench ard acting Judges thereon BE gave his
opinion that subject time ago. at the request Of
the Recorder. Until Official PRONUNCIATION of the re-
suit of the late election in relation to the amended char
ter by the Board Of Canvasser had been made the act
did not become law Bat, within the last few days.
act entitled An act supplementary to act entitled
act further amend the charter Of the city OF New
York." has been introduced and passed through both
houses the Legislature at Albany, and gne1 BY the
Governor the object of which TO carry into immedi
effect the amendments to the city charter, recently
submitted the people for their sanction Taus tbs OBJ
i,ct OF this supplementary carry iato effect i'm
medatey the dments 70 the charter rctwithtapd
ing official return from the Board Of ass may
amended charter provides that no Alder man shall here
after Associate Judge in the Court OF and
Terminer or the Court OF General Sessions y Youm
the Of The CT Judge alone to hold ae Court
but 6 section OF supplementary act provides Us fol-
lows-.ereaf,er Courts Oyer and Terminer and for
said city may be held by Justice of the Supreme Court
and Court Of General sessions Of the peace in and for
the aid city by the or city Judge o, tne sad
held by single Judge all the powers ami jurisdiction
apI,rtaLpg thereof by law TO such Court shall be pos,
sessed and exercised by such Juoge" Thus the great
difficulty BY this section is sc. sside and the City Judge
can hold TIE Court legally alone, without the assistance
Of any Of tie Aldermen. From the moment that the
supplementary has passed both houses OF the Lgs
au,e and has been signed by the Governor the Alder
have n S s g. 1 on ne
sions and the Court of oyer and Ternner 1t was his
OPTION that tie Aldermen by the passage Of the act
longer entitled TO act as Associate Judges In the Court
eecssa-a] sefscna, Decome law, until Official
Of the result of the late election had been
uade by the Board Of He Thought that the
should also be left for the sanction of
the people a. well as the amended charter itself.
Mr. Blunt then went on to say that, in his opinion the
Legislature Lave ,he right TO pass such laws that
the reople Of this city bound to obey them He
then alluded to the encroachments that have been
made he rights Of the corporation of this
city, which at tines have been i4lded to through oms
sion the part Of the Aldermen themselves and at
other times through no resistance of that body.
When the Legislature passed the amendments to
them submitted to the people for their sanction
The people having sgp6ed their wish to have the char
ter become law, the Legislature have just passed
supplementary act for the purpose of putting the amend
ed charter into immediate effect lie had no doubt,
whatever Of the power of the Legislature to pass
any laws they may think proper He had doubt,
however rash or extraordinary their measures might
SEEM the people we're bound to abide by those laws
which were mace BY their representatives at Albany.
Alderman Bhsey said that he would like to hear the
fore aDyt thing definite should take place.
Judge Bocbe said that he had not studied the point
nor bad he given proper attention; but in his
opinion, the Aldermen had right sit on the bench
until as be aid before, they officially notified of
the result Of the election He could agree with the
District Attorney on the queston and would therefore,
have to adjourn the case until Saturday morning.
kr Blunt stated that the great point in the question
was, whether the sentence of the Court would not be
nuliy, and whether the Court would not be COM
uniting misdemeanor by falsely iInpsoning those men
when they we're not legally court of justice. The Al
Rnn ma ltus.la ha
misdemeanor If they unawfully sentenced men over
whom they had no jurisdiction.
Mr. Cochrane. counsel for the defendants said that
the point in the question ii the Court should come
to the conclusion that they had right sit would
the City Judge have the power to sentence upon the
defendants9 That very nice point yet 10 be de-
cded.
Mr. Blunt had his attention called to that part Of the
question: ard found by the fourth section the supple
mentary act that the right and power of holding the
Court Of Sessions was vested in the City Judge and the
Recorder.
Mr. Cochrane requested the Judge to come prepared
on the subject on Saturday for it very nice point
to prove whether the Aldermen had the or not to
occupy their seats Assccs Judges In the Court of
General Sessions and the Court Of Oyer and rermner
The defendants then left the court followed by large
number of their friends.
The Court then proceeded in its usual order Alderman
Peck ascending the bench and taking his seat.
ASSAULT, WITH INTENT TO COMMIT A RAPE
Jonathan, alias Jack Fisher was placed at the bar
charged with committing assault with intent to com.
NIT rape, on woman named Maria p. Sscor.
The complainant being duly sworn, deposed that her
casicn to home to her residence in the country she
was hired by the master of canal boat do the cook
rg work. and that while board the prisoner entered
her ftae room and there attempted tn ravsh her. She
however, resisted him. and attracted the attention Oh
some men on board Of another boat lying alongside
who interfeIed and prevented him from accomplishing
his purpose
The jury, after retiring for few moments, returned
verdict OF guilty.
The prisoner was then remanded for the purpose OF
his counsel presenting afIdavits of mitigation.
6HIP R0BBING-sOME OF HOwLgTT AND sAUL's GANG,
Two young men named John Kerrgan and Patrick Ne.
VILE charged with stealing trunks containing
clothing and other property from the barge Gen. s. NJ
Burroughs.
Capt skinner being duly sworn deposed that on the
night Of the 18th Of May no awoke and missed his WATCH
which hung up in the cabin Of the boat, and on going
out Of the cabin door he the prisoners pu,h of from
the ship with the trunks board Of small row boat
lie could recognize Neville very easily WAS bright
night be afterwards the prisoners at the
station house, and there recognized Neville. Officers
Holden and Duffy depoed that they arrested the prison
ers ard found some Of the stolen property their posses
son The defendants tried to prove that handkerchief
found on their Ieron and alleged be the property of
one OF the barge hands given TO him by woman
SIDING in Mulberry street; but his defence of avail
~ the jury without leaving their seats returned YER
dict OF guilty.
United States Marshars Office.
JUNE 22-Capt Moony nj the ship Rosciua uho war