The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-04-14
Court OF Oyer aAd Tcrmincr.
Hon. Judge Edwards and Aldermen Peck and Ubk,orty
presiding.

THE GREENWICH sTrHRr HOMICIDE
the murder Of Melville an application was made ~, hs
hsh OF the prisoner fov commssions to vtnes
t natl, ana M IN xance and fog pcstponement of
tion was made on tho axdavt Of De Corn in which he
stated that he WIS advised BY his counsel that the test
mony o. the perDos whose set forth In the
affidavit material and that he could net safely oo TO
tyis without them The cs5ect Of the estmony was to
tic asylum in France.
The t Be o snt wo ne
evidence prove the character Of the prisoner the
charocer Of the deceased The for the prisoner
the principle laid down in Shorte7s But the prn
cple Ia Shortsrs To- quite different. Inshs nrst
place, Tiers must be reasorabe on the part
of psrson accused and there mast be Imminent dan
ger Of tbs who uses violence repelng another.
Hs ohe District Attorney was at loss to know what
witnesses In France and wi essea in Cincinnati had to
do with murder commttet within the last fe weeks
In this city The prisoner has been several years resi-
able time In This country. ALL however, that the Distvct
Attorney required that the should knew
oy the what wns the nature Of the tcs-
Mr. James T. Brady in reply ssid that there arc mon
n this city Gas hs are In every other great community
against their fellow but towards in their hearts,
and never assa any one except those whom they
aAve advantage. Re. Mr. B., would like to know what
principle Of law would exclude Testimony showing the
character OF the deceased and the o apprehension
Judge after Consulting p.h his a.secats .dn
reference to this ease have doubt the application
made in entire good faith have certain exten.
bsen made acquainted by the counsel, the prisoner
with what they expect to prove aud have doubt
they have expectation Of being abe prove what
they set forth. This differs ordinary cases that
come before this Court There was oubtedy homi
eide, and the sole question s whether the prisoner
guilty of mansaughter murder wether the homi-
eide not iustiiAble. The circumstances are of
very peculiar character, and 1t will be- probably an ex-
csedngly nice and delicate que ,tion dividing the line
between one class of crime and another The court
jury who may try this will be placed in very deli
cate position 1t seems to me- from what know Of the
transaction that win be of exceedingly difficult
nature and therefore think the order applied for
should be granted Enough has come out without rem.
derng necessary prisoner to describe
athat they expect to prove The testimony proposed
to be adduced entirely relevant but it, by the nterro
zatores 1t should prove to be irrelevant the commission
would not be allowed
The District Attorney asked for an order for the prose-
cutIon to join in the commission to examine witnesses
The Court decided that the District Attorney had right
to join in the commission and ordered that the nterro
satores should be served the prosecuting officer
saturday who was to have three days put in his
nterrogatories, ana that the commission be returned
within six weeks from the day it is issued,
Mr. aroque wished for early day for the trial
would be nconvenent to keep the accused in ai until
the next term Of the Court In November.
The District Attorney said the gentleman need not
have apprehensons about that as would certain
ly apply for special court of Oyer and erminer try
this
An application then made toba the elder OF the
two witnesses, which was granted and the Court ad-
iourned.