New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-09-09
THE CASE OF FISHER W. AMEs.

Az an early hour last Saturday mornnga vast
people bockaded the sidewalks ON Ninth t. in front OF
the Police Court drawn hithcr by acurOsty to hear
the testimony in the Of the state of Ohio Va Fisher
W Amos ARA gned charge OF shooting james c. Hail.
with intent to kill The docr were kept closed until the
prisoner brought into Court when the room was i'm
nediately filed and uncomiortably crowded Hundreds
were unable TO gain admttance and were obliged to de
part disappointed.
A. before the prisoner was attended by his father and
sitter and by his attorneys, hessrs Riddle koii and
Strait.
Nj Dickson for the State, commenced proceedings By
renewing hs motion Of the previous day for continuance
Of the case until clock hs afternoon which granted
BY the Court the attorneys for the defense resisting
The Prosecuting Attorney then moved that the prisoner
he rmsnded TO the custody Of the Marshal until the time
ct for the examination The application was strenuousy
opposed by the defendants Attorney they claimed that
tie ofenge charged the warrant assault with intent
ito commit murder, which was a balabe offense under
the Constitution that the Court could not look to
but must be governed by the affidavit and warrant which
alleged a baable Ofense
To ths Mr. Dickson replied that although the warrant
alleged specific oense for the purpose Of legally arrest
ing the party ye, the Court was not confined 70 the ex
animation of that ofense alone The very object OF the
examination being TO ascertan what oiense, II any and
for that 10 hold the prisoner 20 account at Court even
though il be not alleged IN the warrant Inc court had
no ans before an examination to ascertain the crime
the individual charged had committed and before could
act iue gently in determining whether the Ofense was
hashc ar MOI, and balahe the amount OF the SANE II
houH he Possessed Of all the facts in the Hence
the provision ofihe Constitution allowing bail in all cases
exoet in capital ofenses where the proof il evident or
tie lresumltion great sppes only aier the Court has
Led an examination and determined the Of the
crime Otherwise how could the Court know whether the
proof was evident or the presumption great'
In obedience % this construction Of the C0ntuiion the
statute Swan Statutes, page 537, section ll provides
that the magistrate AFR cIGDiGaOa shall commit the
eceused 70 Jail discharge recognize him 70 the court
abovethus specially providing for recognzance after the
nainre of the crime j known And the statue further pre-
rbe duties OF the magistrate when the examination
has 10 be deferred from day day lection 81 page $40 Of
The same volume providing that the justice for cases
therein named may adjourn the examination from day 70
Gav that the examination be not deferred IN ali more
bsn four day and especially directing the accused to be
committed in the meantime, making no provision or ms
liberty on rail But in many eases the erLme = OF
comparatyey On uDmpOnant character the statute same
volume rage .72 see 81 makes il discretionary with the
Court 20 admit g. bail in all crimes less than caia AMI
certainly the Colt Ia the exercise Of SOUND dscreton
,rrd rot undertake involved case and one IN winch
tho errnc charged Of high character 70 admit tn
ral-v 10 bal before examination had determined ths
naiuIo Of the crime
Ry what sorr al rule previous 70 an examination could
C,p-- det.runc the Tea.Jlabeness OF the trial The
t,ruf'o1 .horid receive rational construction. one
h'cb we.d ci.e the Court opportunity fJr intelligent
a.flou the Interpretation given By the defense would
cel the Court 20 rash and has;y determination Of ma,
,rrs II thc greatest importance % public interest
But asdg al these considerations the affidavit and
warrant charges the crime Of assaut with intent r. mur
der The fc.inony oi the attending physician will show
that She Tr05at ff- Oh ayanst the recovery Of
Ire raliyass1uid and should b. die would be murder
10 ito fist aeer-o 1ad no. .ishie No1 10 obi.
'-.lfT TO lie ratu4o 0i ihe crno 20 not justice and
av demand q III Cont Lela7 lDli ihof0u ID eKami
gliif can he had ald the amount ri BAL i balate
-ra .I'el -sify dsieru ned