The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-26
Court Of General Sessions,
Before Judre Banhn-

Court Of General 0sssaons.
Before Judge Bssbs.
JUM 2-Ths Grand Jury entered the court this morn
Ing, and After handing the Indictments the clerk
they discharged from any farther duty with thu
thanks Of the Court for their attention ths public bus
| .sss.
GRAND LARCENY.
Two ysuAg men Of very foppish appearance, named
JshA Rooney and Thss. wsIch placed at the bar
sansS Mr. cu,iss Of S.sn pae .nd '0A no"
The complainant being daily s.orn dspsssd that he
was barkseper and that on the I'D OF May Is he was
up Coporal psons the prisoners up to him
and asked him what be paid for his cap and entered
into with him during which witness missed
his watch immediately charged WEIGH with taking it,
he Rrst denied it, but subsequently gave it up the
prisoner said he took 1t only in joke they arrested
Tor the offence about three weeks alter the were
intimate terms that the liberties taken with his
property could b excused
A ieweIer here examined a. to the value of the
posery who said the watch and chain was worth about
The counsel for the defence made lengthy appeal in
their behalf.
1hs Ihstrict Attorney Mr.. Blunt then summed up the
evidence tor the prosecution able The
Judge then charged the jury, who after few moments
returned verdict OF guilty Of grand larceny
BURGLARY.
Michael Donnely was placed at the bar, charged with
burgartousl, entering the store Of Lyman Derby
and stealing ,herefrom silk goods valued at COO none
OF which property has yet been ,vered the
Lyman Derby icing duly sworn, deposed That he was
merchast tailor doing business 1T 252 Broadway;
the 10th OF March last his store burgarousy entered
and silk goods Of the value of 81 600 stolen from the
premises there four auRer holes bored in the panel
of his store door they did unlock the door, but took
the panel out, and thus obtained an entrance
Charlss Beals one Of the parties embraced in the in
dictnent charging them with committing the burglary
being duly sworn, dsposed-That he daguerreo
type business; has been in the CT about fifteen years.
witness knew the prisoners had met them saloon
the Of Division aud Clinton Streets the prisoner
came to his store about week before the robbery and
asked him who kept the store below; witness
told him 1t Mr.. Derby's; he then asked hin if
the slept in the buildings he then away and
came back the next day in company with Downsr this
the day before the robbery took place. the night
the robbery witness at home, and going down to
his place Of business the next morning he found Mr.
Derby's place all upside down, and asking what
the " after he WAS told that robbery had been
mitted witness met the prisoners next evening after the
streets when they told him to them again the
following evening he asked them if they had committed
witness how he off for money, giving him st the
same lime SCI: the prisoner said that the goods
iafe portion being in the city and the remainder out
of the city after the witness arrested he had
conversation with Downey and DonDey, the latter told
him that he damned fool for saying what he had
said
The brother of the last witness then placed the
stand to his good character The counsel for the
defendant objected this witness evidence ~ Beals
in fact Of the parties indicted for the crime
The District Attorney quoted several cases. defending
his in using both the brother and Bsas evidence
The Court overruled Mr.. Phillips objection, and &c.
cordpgy the witness examined to his character
fer honesty &c
Officer Campbell was here examined and deposed that
be arrested the prisoner and also Mr.. Beals.
The counsel for the defence then summed up the evil
dence in able manner rejecting the mprobabiity
Of informers' testimony.
Mr. Blunt, the District Attorney, then summed up the
evidence for the contepdng that Beas was
not acconplice could his statement convict him
Of burglary He account Of his taking the ST.
an access after the fact but not accomplish.
he Ir1u fhxp CHI he xxho
ments deliberations rendered : verdict of gully
The Court then adjourned for the DAY.
Before Judge Beebe and Alderman Francis.
THE TAMMANY HALL RIoTERs-ARREsT OF JUDO.
MENT-LEGAL ARGUMENT ON THE JUDICIAL
POWER OF THE CITY JUDGE.
JUNE rs This being the day announced when Judge
Bebe would give his deciion in reference to powers Of
the city Judge of the Court Of General Sessions in the
absence Of his associates the Aldermen the courtroom
crowded respectable and learned body OF gentle
men, great rany of whom the leading LAWYERS Of
the city. After the opening Of The Court Judge Beebe
said few days ago in the Of Austin and Others the
question raised the right of the city Judge
Aldermen passing judgment upon the defendants. Since
that time he had occasion to examine the subject closely
and had to the conclusion that since the passage of
the supplementary act the of the Aldermen sed
The act simply declares that the Alder longer
entitled to sit the bench Judges Of the Court of
city judge the Recorder to Fit the Judge of that
Court The amendments not for the passage the sup
Elementary act would not be in force until official pro-
mitigation had been made by the Board of Canvassers
The question: then the learned Counsel both sides
to argue, whether the presiding Judge has the power
to carry out the sentence of the Court He prepared
hear the Counsel both sides express their opinions
in relation to the matter.
John Cochrane Esq, counsel for the Defendants then
and said that his point would be the power Of
the presiding Judge to sentence the defendants.
Argument did not, in his opinion, extend = very
vide sed The points he would direct his Honors atten
ton were whether the trial having taken place before
the defendants he sentenced by another
one whether the presiding court who did not try the
Defendants and who did not the verdict Of the
jury proceed pass the sentence of the law upon
them.
Admitting that there is change in the jurisdiction Of
this court but that change Of officers has taken place
court who has not tried the defendants pass
judgment upon them He then quoted several sections
from the Revised Statutes uphong his argument
strongly, which, he said simply xyained 10 the la
regard the power Of the court The court
posed of Judges, and the term court
derived from the Latin word ccG sgnifyng the place
where the court held Lord Coke says the court is
composed Ct JUDGES VINO the court and you take
from diminish the numbers of the court the power of
the court is accordingly lessened in proportion Your
Bonor cannot pass the prisoner unless
sisted by those your Honors side The court by the
law is essentially different from that Of the old
The question, therefore is whether court pro
coed to act preceding that Of the court.
Whether he who not in court before--hetber be
who lie only fraction of q court-can proceed to act
upon tried by another court before him. There Is
question at all that the amendments to the charter
have passed by very large msority but yet
officially informed OF the fact TIE statute made it
cessary that the canvsssers Of an election shall they
themselves, declare return of that election But
il the official evidence had been furnished it would not
have been conclusive The intelligence stands now,
is - ersiore rothing than public evidence Of
il at From the momeot that the cacvassers de
c. 4sttn election in favor Of the amended charter
carried, IL does OF alter the Law in the present
Gaze Before The supplementary act passed by the
Leqslf ur, the Aldermen Judges de fdco but
JUDGES de5uTe.
He then began to explain how the Court Of General
Sessions organized The court consisted by law OF
two or judges of the peace Who had jurisdiction
over all criminal except capital ones The Court Of
General Sessions Of the city and county of New York
have greater power than those any other part Of the
State He then directed the attention OF the court to the
Session Laws volume l. pages 323 and 324. Page 1872,
sec. A., says The Court of Sessions shall have the
same power and jurisdiction that II posscsses
Page $751; sec. Al states that All indictments and
finished proceedings shall lay until the first Monday