The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-11-27
Police Intelligence.
In THE MATTER OF ALLEGED Perjury AGAINsT J. r.
DELGADo-THE CHANGE DIsMIssED--OPINroN OF

In THE MATTER OF ALLEGED Perjury Against J. r.
DELGADo-THE CHANGE DIsMIssED--OPINIoN OF
JUSTICE STUART IN THE CASE.
The accused, j. p. Delgado Ia before me q
plant che rgng him with wful and corrupt p1rury.
The evidence shows that the 18th Of June last der
order OF arrest by Judge Emmet in suit in the Su-
Leiior Court, between Andres Cassard, plaintiff and
+ aucis De Silva, defendant the defendant rspu red
to lind bail with Ties in the sum Of three thou
sand dollars, and Delgado offered himself bail this
amount that on his examine op under oath to saink
his sufdciency, he among other things III he
had then lately nported and had in bond in the Custom
House, of which he he sole owner, Large nifty
of segars, OF the full value OF t. rteen houssn do
that they paid for and with ut (ave
the duty and fnslly that he WORTH incladus pro-
perty in two in which he interested, the
sum OF about fifteen thousand dollars. He irkeA
bail The defendant in The civil suit after le for
parts unknown which led 1, the inquiry, AMI to The
facts clearly established by the proofs Before
that Delgado a. the time he sworn and ente Ell ball.
had not the he then stated but hat instead of
having thirteen thousand dollars worth OF goods hand
he had at most butt thousand kauirs doll
lars Worth, thereabou's and these circutanes Of
the also render certain to mind that at tae
he declared property in the United States
customs OF the value of thirteen thousand dollars no we
collars. without any douot, upon the proofs and
papers, that he corrupty swtre to what he knew
utterly false and that he oil II for the purpose OF mis-
leading the Judge, he having from preceding cir,uui-
stances good to believe that II he confined hngs tn
statement OF the goods he actually possessed he would
been ected insufficient bsl And the tors
arises assuming that he has falsely and corraptlyD
las the accused committed perjury Does his loo
statement to tina cship OF property exceeding in value
the amount o. the bail required iby ten thousand
dolars) and upon which he was, bat without
which he would not have been reserved as e.
curl y, oUor much ! required by the
facts to assume constitute legal perjury? can AMI
decisions, Englis1 American, that embrace ths q1e
utn even by analogy any elementary writer who ds
termtes This point much rs raises it-no,
thing TO control my judgment except, perhap'
era principle Delgsdo in fact and ia trath.
worth property segars in the Custom House) OK vdne
equal to the amount OF ball. and 10 that extent MS tss
ony fairly true but beyond that 1t was corfnatly'
fake. Was his false and corrupt ststemsnt matefaip
Does the fact that II operated to convince the
Judge of the sufoiency of the bail and without
which he would not have been satisfied Of That fast,
make the testimony relevant and sntal, la
temptation of law, that perjury may os
signed The code provides that the surety must
be- q resdent and holder, rsehoder within this
S,a o. aod that he muet be worth the specified in
the Of arrest exclusive Of property exempt n
sxscutica Islgsdo that NAV; be was oil the Law re-