The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-21
Prcsentment OF the Grand Jury-Important
Communication from the District Attor-
nsy~-A Stay OF Procos dings Granted In the
Ninth Ward Riot Case Sentences.

COURT OF GEssRAL SESSIONS.
Before Hs Hol %; Jadse Besbs.
The Court met this morning at the usual hour and At
ter trans acting large amount OF public business I'D
journed FOR the term
THE NINTH WARD RIOT CASE.
In this his Honor the Recorder appeared snd SAID
that stay OF gs aavipg granted bJ Jadss
Morris In the Suprens Court, upon dill OF exceptions
offered and prepared BY the counsel for the defeno' MI
hekton, the parties eoGli drpsr sst 'ay ma fe'ss'
notice 10 attend through their counsel Fo. tAe dec
sion OF Judge AoIIis in h case 200 sup enc Court hesd
In another column
The Grand Jury tasn 81 tered ana After being
Thanked by the Court hes tic sttendancs their
duties and the abe 10 "aea they condo;ei the
public business, handed ne following ptessntm.nt to the
Clerk, and d4osArsei BY The Judge from any fur.
GRAND JURY RooN January Term 1851
To The HoSoRlBE oUxr or GENERAL SESSIONS
The 6rand nqosst 10 aud for tina city AMI county Of
New York In concluding their lsbors for this term can
not refrain from prosecuting 10 the consideration OF the
Court few usnes AID that in their judgment
are highly peJudicAi TO the administration Of Justice
and averse to the good oId-r Of society.
Frst-Ths lax and insult cieut manner in which Per.
admitted to bail
The Grand Jury are well aware tha, tbs law Of ban,
While II exposes ths magistrate u action for damages
sro ~ an offence at DOM a0n Law bail Is refused where
fought to be granted, yet clothes thu mgsrats With
cncreonAry powers IS 10 the Anouat Of bail 10 be
CURED on the hand and tue character and respon
oihty of the surety tue other and further thai the
icer tty OF the ely thus offered be certain
upmi5 akeabIe ttAt OF ;ommSsioEer OF
granting his certificate OF ooslsdgnent 70 convey
anco, or any other ns intended for record II
peronay unknown to ,he magistrate ne should reqnlfe
proof of Identity, oy tie In OF witness who is
known to him and rely upoa tbs unsupported
q stranger, for the who would commit perjury
swearing 70 his snheeaey, voud not hesitate 10 i.ley
personAte another aud swear TO mis- iGsntty.
At the request o, the Grand ary District Attorney
furnished them with position OF the law CT BAL its
applicability to criminal offences ia their various degrees
and divisions the outy AID power OF IgstrAtes refer
ance thereto together With legal opinions and judicial
u IN ed IN
unioation to them and which herewith respectfully
presented to the Court as part OF this nun,Lion
The ceYt tain and uniform administration OF the laws
have, and the prompt punishment % its volAor Is OF
vastly more importance ~ tbs veil being OF society than
tas enactment Of any be, thou yh tsey bs
drawn up with never so mach skill And With the greatest
possible care.
The great object OF the lwes appears 10 bs to evade
or render nugatory the violated and FOR this pu
pose will not the commssioa o. crimes and ths
perperaen OF hences far hsnous in their chayac
ter, and OF grade mucn ia advance in the scale OF
crime than those Of v ieh they ttAnd accused.
Cases are not wanting Qadsd it Is proof before the
inquest IN which perjury and forgery lays bath been
sorted to, and put ia reqlsnn shi,d the accused
from tie incon yenieace = answering to ths chArgs Of
simple felony by cirg a,Gsslf bsy oud tae arsdison
OF the Court upon what IL technically called stray
bail"
Had tn Q identity Of the bail bsen lgally brought 10
the knowledge Of this magtista these serious Of
fences against the Is hha not ceen conite ana jus
tce had been meted out = ne tTaut4cessur.
seeoncly-From tie n&tnrs aci character OF tho OF
feneeh and complains tn Gfsnd JlTy hhya had before
them, NJ well as from dliy ob.er scn they fully
fruitful souf,t q crime 10 oar city . - oe found ia th
baneful Ligt-ee OF temperance; ani this IA fsterei
And Pr Eoteo by the fAcluy vita wlcA intoxicating
liquor obtained
1t not to the Uecsnfed 6o,sr thu, we arc o
Look for this inmenie eva to orr citzans.hoss who
lawfully traffic in that which, when inbibed, ssteals
away the senses ana reduces oeo tbs level OF ths
brute" are not gui.tI..s rae fscilitI with which
censes "to cell ardent sprits" obtained and the
fact that than license, lin house as RS
ported there Is seven s granted to tho house. M
loudly for reform The necessity for them Toes not ex
admonishes that in proportion the oppor unites
and influences OF the former prsv. the oecarrence OF
the latter will be more ftquent AL OF which respsc.
FULLY submitted.
W Hubbard, Foreman Jacob Coriss
Alop 10 Z. Cushman sam Il. Adee
J. Mcpherson Stephen Half
Benjamin Archer Stephen pbilbro
John Ball Herbert Hall, Ssey
a. A. Guilup
COMMUNICATIONS FROM TIE DISTRICT ATTORNEY.
communiea ion also received from the Dstric.
Attorney, n. Blunt whi:n was read, as follows
Ofr1cn oP rHR DISTRICT ATTORNEY or TIE
CITY Asp COUNTY or NEW YORK.
GEsrKxxs OF THE GRAND JURY: IA requested st your
hands, hersxh III snisn position OF tins Law OF bail
in criminal Gases, duties OF magistrates In rea
ton thereto 1t w be sui ia this connection TO
consider but three classes Of otenses:--
LIST. Capital felonies
ID. Felones not cap.tsl
Sd. kIsdem Anors.
Under the hrst head by the atGtutes OF this state,
death, namely Treason against ths peoEls Of thls
State I'd, MURDER and 81 Arson tae hrft degree
q
dsnes is such Ast, warrant comm snt, bail should
be taken by any single Judge No power Is ed
either at common law or ~ tie statutes OF this STATE in
any magistrate or coar except tho Supreme Co1rt, or
Justices thereof tho Court OF OYER aad Terlnns
b take bail in case Of capi al felony.
In all CT felony capiISi aud 10 Of mis-
dsneanor the Police Justices of this city have 10
ADMIT to ball. and in where the imprisonment
Iced FIVE years In the State prison TIE astantor
dist riot. just ces have the same poger.
In other words by the laws OF 1885, chap. Q. se, H.
the 80 ne power conferred upon TIA ,oiA JUS ices MOI
knO m n n - Tn
oordsr City Judge, but this power not vested 10 tn,
assistant justices row fnoEn ~ District Jus,ices-and
Sessions
The ,uty OF the various magistrates in taking b.l re
qures In its exercise Grim nation and sound 1dg snt
On tbs one md excessive bail is to be avoided on the
other insufficient bail should not bs acc opted
The amount OF bail and the chAAssr OF the snrstes
matters purely within the cootrol and discretion OF
the magistrate.
To refuse bail ~her. 1t ought 70 b. granted eGencs
at common Law, and also exposes the magistrate to
action for damsgss and 1t is al offence at common
law for magistrate to grant bail where 1t ought to be
denied, and Is punaeabs IS negligent escape Hawk,
chap. Is sec, 9, Mum Walsh 500.
In determining the am unt OF bail regard should be
petty Of the defendant and ths ccu instances OF the
II has been well said, that wealthy individual
sh,ssd ~ Win Isn,tsn, Or SAFE prison .So 90, wSaa
obscure individual / AIoh. Grim. Prsc, (w.termsn
ed S. note In recent In the 20 art of Queens
Bench, (o English Law Rep PIP. Sol to 357 Lord Camp
bell says -" We are 20 hook TO the seriousness OF
the charge, the nature OF the evidence in support OF IL
and the evsiity OF the punishment awarded bJ Law for
the offence" and in the Queen scAite 70 Dlvo c.
page 653 Coleridge, says:" conceive that the prin
cipe which parties mmitted to prison by msgs
ates previous 70 trial for the purpose OF inung the
certainty Of their aprsarny To take their trial IL
10 me that the came ptindpieis u bs adopted on an
application for baiing psrsoa commit ed TO take his
TRIAL" The recosnz,nce therefore, should be for such
amount m will be likely 10 secure com piAnce With
Its conditions In Tayor the lea ing in this
State the OF bail in capital 20 Cowen So
Sutherland, J, ssye;T The principal cons Iteration ts
fhsrt a anrl hat n
niranoe uh operate TO the prisoners appear
capital oA should not In sensrsl be allowed be-
cause peounAry consideration weigh against lie
and where guilt IS clear, and rsorou aud dssrsceul
punshmeut may follow for great isogth OF time, the
presumption strong that the accused gill not appear
and surrender himself to avoid . forfeiture o
property The safest course therefore in OF felony
whore the guilt Of the cri na Is clear to deny bail"
In the People Lehman q aAiS sup Court Rep, p.
a6o) Judge HArlboot saysrhs reason for taking Gail
that the guilt OF the prisoner IL doubfll whsn the
4nit past dispute he ought not TO be bailsd These
~ limit nd IL ndharad q