The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-26


learned from respectable authority that Mr. Henry Smith
Of the firm of Cook Smith Wall street had heard
o. the Jurors make use Of remark which was inconsistent
The Recorder sgaiu admcnssd the jury to refrain from
be approached BY any person the subject If an attempt
should be made it would be the duty Of the jury TO
| port the fact to the Court
The then adjourned to ten O'Clock on Satur
| day (this) morning.
i BRIDING ALDERMEN.
Before Judge Beebe and Aldermen Brisey and Doherty
FEB 2b.-There great crowd OF citizens at the
Iombs, to hear the arguments in the case oil George c.
Byrnes whom the Grand Jury charged with obdnracy in
The Grand Jury had put in Il foIlowin statement
and attended in court yesterday to hear the decision OF
ne IN the matter after counsel had argued the
question:
80, "GRASD jury RooM, Feb. "a 1858.
10 IHE HONORABLE THE JUDGES OF TIE COURT OF GENERAL
u certify that on investigation now pending before
George c. Byrnc was duly as o witness in said
matter: and upon his examination the following ques-
tion being pertinent and material to the matter under
30. Who was that individually
(Which question the witness declined answering anon
the ground that it would convict himself Of crime or
might have tendency SO to do.
20. Did you pay cause to be paid any money to q
member Of the Common Council within the last year. ia
procure or aid you in procuring certain lease
" Which question the witness declined answering,
the ground under the advice Of counsel.
| HENRY ERBEN, Foreman" ,
The Clerk of the Court having called the Of
the Grand jury Mr. Blunt district attorney and said
that in accordance with the order of the court the pre-
vous day. the counsel Of Mr. Byrnes was then present
| Mr.. Jordan said that he had advised Mr. Byrnes to
maintain silence in the matter, as answers would be-
likely to crimnate him. As he had been very much
gagged with other business he had been unable give
the matter the requisite amount Of attention, and
claimed an adjourn ment of the to future day,
when he might argue the
Mr.. Rdnt remarked that there difficulty In thA
matter as the abors of Grand Jury were to
next day and it was therefore necessary to have the
question determined at once and thus set at rest the
point whether or not witnesses could be compelled to an
Judge Beebe-Do understand the counsel to ask for
Mr. Jordan-Yes The matter is Of much significance,
and involves the question of bribery which IL indic
able offence The questions of brbing and taking brbs
relative respectively. The Grand Jury might turn
round Mr. Byrnes and ndct him for the offence II he
crimnaed himself and therefore it is discretionary
his part to preserve silence.
Mr.. Bunt.-That is not the question involved.
Judge Bsebe-The question is about our allowing time.
Mr. Blunt.-In the peculiar state of this it would
the case has proceeded very far and the bors Of the
jury might be ended the point settled 1t cannot
council the heads Of departments or clerks to receivs
brides but is not indictabe offence for individual
Gnsr DrSe 70 member q the on Council pt
the question is shall Mr. Jordan have further timer
After the members Of the court had had consultation.
Alderman Brisey said very important point WAS invov-
ed and it would well that time should be given.
Mr. Blunt-It is an abstract principle, and might ~
Judge Beebe-Owing to the fact Of tho labors of tho
much of their attention this matter, would be -
well that the should not go before another jury It
proceeded with but my colleagues differ with me.
Alderman DoheIty.-Mr. Jordan, would yoa be ready
Mr.. Jordan-Not possible. have important engage,
ments
Mr. Blunt here intmated that there were really no diff
ferences between himself and the other side. All he
wished to have the point settled to whether wit
nesses should or should not be compelled to answer
Mr.. Doherty called the attention OF Mr.. Blunt to the
fact Of the Indictment preferred against Mr. Morgan
/ Marah in FIR matt in vvh he in
to questions eliminated himself
Mr. Blunt remarked that that different to the
present. After the escape Of certain prisoners from
Blackwes Island Mr.. Marsh examined and made to
answer compulsery and therefore, on that ground the
prepared to that the lay members Of the court
did perfectly right to quash the Indictment In the pre-
man is bound to criminate himself. He wished to
that proposition carried in it's full length and breadth.
Alderman Brisley-That point viii come before us in
Mr.. BuntL want to show in how marrow compass
this point lies The question is to it being indicta
bic offence for private citizen to offer to bride member
Of the Common Council and the witness not bound
that It is not criminal offence punishable BY Indictment,
for private individual to offer to bride member Of the
Mr. ordan-What if he should convict himself Of moral
lr Blunt-weu, that does prevent him answering the
questions.
Judge Beese-AsI In the hands of the majority Of
the court can only personally say am willing t. 60 on
with the matter The powers OF the court fer this term
Mr. Jordan-H the Court assigns day would prepare
Judge Beebe-It Is impossible to name day for the
| court adjourns to morrow.
Dir. Blunt move thst the order to show
.inue till the first Monday Of the next term The app
cation is for attachment for contempt the witness
improperly refuse to answer questions, the Court can
The Court decided to adjourn the till the first Mons
Mr. Erben, the Foreman Of the Grand Jury, said that
their Investigations into this matter would have TO cease
they could not examining witnesses till the point
relat n mas an worw catt
Judge Beebe-lf the Jury has nothing more before it
Mr. Erben-ihe Jury wants to know whether it be
necessary to trouble the Court with anything more Of
Judge Beebeof that the Grand Jury is itself the best
| judge. Il,
The Jury then retired .
THE ATTEMPTED MURDER IN PEARL STREET.
Before Judge Beebe and Aid. Brislsy and Doherty.
FEB 25-The case Of Henry Seaman charged with hav-
ing attempted to murder Mr. Haydock, in Pearl street.
about month ago, having been called up, Mr. Blunt,
District Attorney entered on the examination Of Wit
nesses the principal Of whom was Mr. Haydock himself
who swore to the identity Of the prisoner.
merely briefly state that when Mr. about shutting
up his store he found negro up stairs and assault
| ed by him with knife and severely injured
tx Recorder defended the prisoner and after
s m
taken to identity called several witnesses TO prove an
alitt.
Mr. Haydock was then again called and questioned AZ
TO the probability of his being mistaken in the prisoner,
but he had no reasonable doubt on the subject
Another question to the ownership Of .
pair of shoes which were found in the store On the
part OF the prosecution it shown that officer Of
police had taken the shoes to girl to whom the prisoner
berohed and she had owned to the prisoner having
shoes like them For the defence again il was shown
| that the prisoner usually wore boots.
Judge Beebe having summed up the Jury consulted to-
| gether, and returned a verdict Of not guilty.
COurt Of Common Pleas.
Before Hon. Judge DAILY.
FEB. 24.-E. X. Finch Pin White, IViRt ~.
| Hawkins and Isaac W. Winn-This was an action
brought by the plaintiff to recover from the defend
ants the sum of 81 600, with interest thereon from
the It'll of February 1852 II appeared by the open