New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-04-07

60, o,c5 how rrobaf ilfy TIA; sn oTsnse has been
.c,,,-e thar 1, sufficient jurisdiction 20 authorize
The rn,rs,-ste 70 make the examination, though
eventual, Il should Re clearly proved no ohense hh
been committed, o. that the person charged was limo
cent
IuiIl row applg those legal principles 10 the case
under confederation. The commitment, and the AZ
,,b,en, ,berfsce exhibit no defect IN some matter
or substance required by law, rendering them vo'd
therefore there i nothing in them requiring me 70 as
charge the prisoner. have had msre difficulty IN
determining upon the suheiency OF the subpoena, but
s,h have come 70 the conclusion thatit is sufficient
IN substance 10 REQUIRE the defendant TO appear Il
directs him to appear and testify IN certain uaAasr
on The complaint Of C Flagg verified By the oath OF
C. Flseg and others, alleging and charging the com
mission Of certain criminal oenses within the city ana
county Of New-York Alleging and charging upon
cath the commission of certain criminal ofenses'
msy answer the substance yetn certainly would nave
been better TO have more definitely described wna'
criminal %fenses they were; but consider " suhet
Gent | now come to examination OF the compliant
to see if that gives to the Recorder jurisdiction OF
subject matter or jurisdiction Of probable subject
matter Upon careful examination OF The complaint
made By A. c. Fagg it will be seen that the only facts
he swears to from his own knowledge, and which, con
seouently are the only evdence the Recorderean con-
slider for the purpose obtaining jurisdiction of SUB
ject matter or OF obtaining jurisdiction OF probable
subject matter, are
"Ths, A c. Flsgg is Controller Of the city AMI
county Of NewYork, and that as such Controller he
has In his custody and control, the documents
vouchers and papers relating 10 the Finance Depart
nent OF the said city.
Theseare the only facts be proves These iactS Ger
tsnly do not show or tend TO show, that crime has
been committed. nor are they facts tending TO show
that It is probable crime has been committed The
complaint then states
That from the said documents. andtro information
which he has received from various quarters which IN
formation he believes TO be ue frauds to large amount
have been committed upon the public treasury OF the
said city, which frauds be believes TO De crlmina Ia
their nature and character.
The complaint does not even show what the docu-
ents are or what is their contents does not state
what the information was which Mr.. Flagg received
from various sources and the legal opinion seen in the
complaint Is not that a crime had been committed, but
only that the frauds were criminal in their nature and
character" which all frauds are, though all are not
criminal Then follows, a" that among theui that II,
among the before mentioned frauds which, in Mr.
Fsec's legal opinion criminal in their nature ana
character" and which legal opinion he forms from
documents and information he has received from va
riou. uorters' He gives somewhat in detail what
one OF the instances purports to be Tue complaint
then states Deponen says that he has reason to be
Heve snd docs believe, that various other frauds OF
criminal character have been perpetrated upon the
said Corporation in the presentation OF bills, which
is not charge Of the existence OF criminal ofense,
but only Of an Offense criminal in It's nature This
charge however Mr.. Flag does not even make upon
information but only upon his belief and without
either facts or information. The complaint then con
cludes with prayer that the Recorder make full in
ve.iigation and that he will proceed 70 examine into
the complaint and that he will send for proper wit
nesses-wi issue necessary and proper process, &c.
against whom legal evidence may be discovered The
prayer OF petition does not give jurisdiction Facts
only give jurisdiction The prayer only sets forth
the duty of the Recorder if facts had given him
Jurisdiction The statements contained in this COM
plant are not Of the description, or OF the et-
6cacy of the case supposed by the District Attorney
When a man swears to statement that he saw two
men unknown, dragging female who was scream
ing for help, along the avenue, and place her in
carriage ard drive hastily of with hcr,'-such state
ment is of acs tending to show the commission OF an
ofense and gvesthe officer jurisdiction, although in
CATION show It merely returning escaped
lunatic TO the asylum It Is clear that the Recorder,
upon the evidence before me- had neither Jurisdiction
or colorado Jurisdiction. must therefore discharge
the prisoner from the commitment