The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-03-21
Supreme Cos,rt-In Chambers.
Before Hon. Judge Morris.
UARxAs CORPUS.


in this case who charged by the verdict Of the
Coroners jury with being accessory before the fact
In the murder Of william Poole, brought before the
Court habeas corpus. and his discharge bali do.
manded. The court was densely crowded.
The following are tho copies OF the Of the
Coroner and the return made by the keeper Of the psi
son
MssT,.sy :, 'sss''0y % 'hs death Ms rss
hereby TO N, rr, ssss.s & %,:s.
M Hass 'N'
SSr 81 SS and 70 . s; The Irvine %s and q re Ss
body The .a James James l9yn % before your oaos % conn
noon oi March H. BY virtue Of commitment herewith
that and desin him BY Virtue thereof and anssr
tho ordinance making my lookup rt OF the City Prison
Counsel for the accused, Msssrs II. Clark, Nys and
Devein put In the following
ofGeorgo W. sste the Chief Police say. that the pro
statute and tho prisoner that an upon
the charge upon which he cOmmted bs had and ,ha.
when The wr, Of heeas corpus has made ,h., bs bad
and that the same has boon refused tGs, thsrs
ncent evidence for tho issue Of the ind
Illegally constituted.
Mr. Horace r. Clark said that the object OF the pre-.
sent motion La TO obtain ths release OF the prisoner from
confinement. He did not ask his discharge from the
complaint, as an examination must prccede ths dis
The Court-Let me know your motion.
Mr.. Cark-lhe motion Ia that Mr.. Irwin be admitted
to ball that is the object to which will the
end and there Is in wasting time In argument
any other point. Although he thought ths evidence
against the prisoner was exceedingly slight he dad not
ask that he be discharged but he asked that he be per-
mittsd TO bail. There is doubt that In
Of murder man can be admitted TO bail, though he
Court would not interfere. In this ths Coronsrs
jury have rendered verdict that Mr.. Irwin
which the accused Is entitled TO- IL the accused waived
an examination he has right TO demand that this
Court will revert TO the evdsnce taken before tho Coro
ner, to see whether there Is probsbe cause
For the present, the prisoner sees at 10
waive the examination. The object Of the
Coroner pquestis determine who charged the
object to ascertain by what the deceased
by his DEATH and IT, by the evidence, hs by what
person the act is committed, he then becomes mags
ais and issues his warrant and he is bound 70
In the Language OF the statute In all Of felony
take an examination Coroner Hilton has acquired Iur
isdcton to ssue his warrant against Turner his duty
magstrnte was then To 90 into examaAtion; thsn
there the right Of cross examination after that the
defence he DO lie (Mr Clark never could
any provision In the statute by which prisoner could be
committed for examination this examination must
essd ut once. On the question OF BAIL hs submitted
that the hndirg Of the Coroners jury merely
" record tbs accused was mot present. and perhaps,
had right to be present. he not represented by
counsel, as counsel had no right TO cross.sxamins
At a Coroner's inquest In cas-. where murder
had, he counse thought the Court nigh, we'll hest
tate to admit to bail but the prisoner here
not in that position he At before this
court the CoIoners evidence aud as thsre arc no
Witnesses before his Honor he il to acquire the facts by
looking to the eyidencs already taken The prisoner
does not ask 70 te discharged, but 10 be admitted
bail.
The District Attorney (Mr. A. Oakley Hail. remarked,
Barbours Reports II admitted that ths court had
Alright 10 bail the prisoner but II Ia matter Of dis
cretIon
Mr.. Clark--Tbere is doubt about the Lag Of ths
but In order that his Honor this Judge should get
brought before this court and subjected TO cross eH
animation He supposed that the court this exercise
Of ia discretion say that Il will not bshind the
| written testimony. They had objection 10 that be-
they convinced that Of superior ju
rsdction would, ihs testimony in the present case,
hesitate TO admit the accused 10 bail They asked the
court to examine the eyids and the against
irvin 10 strong anu so conclusive that bis Honor
would refuse admit him 10 ball
The District Attorney then proceeded to read and
ment on the prisoners answer to the return (prnt.d
abovc) 10 the writ Of habess corpus tina,
he vas prepared 70 argue the questions raised but he
understood from Mr. Clarks remarks that this
modified, and that he merely makes motion 10 ad.
init to bail lie wished to know what platform the gen.
The oourt--Tbs only platform | have before me is,
that he applies 10 admit 10 bail.
The Dstr ct Attorney said he was prepared To argue
now though he would nrst submit that his Honor had
no right TO enter into examination.
Mr. Clark then modified ths frat 70 tn, follow
ing form -" The prisoner James Irwin, demands that
an examination be had upon tho charge maos against
him, and that such examination be had an taken
before the Judge by .hom the writ issued aad he
also demands that hs bs admitted TO bail upon such
charge
The D.tret Attof nsy continued " make sons argu.
menis On his view Of the question. u wouii not be
doubted that the Coroner At common lAu nothing
without his jury and he (tbs Itstriet Attorney would
refer the Court to the sections Of the Rs,d Statutes
With regard Ia coronsr's inqueais
Chap. 2. sec, o. II the Jury md that any murder.
manslsughtsr, or assault, has bees committed, the
| coroner shah bind the witnesses 10 appear and
men, Tor such offence can b. found ,ha, .hsi - held
In the county And n such case, u tbs party charged
with any such offence be not 10 custody, the
shall have power 10 issue process for his spprshsnsion
4 In the zane manner Justtces OF The peace
Fec. J. The coroner Issuing such process shail have
the po~er examine the Defendant Il poisesssd
BY justice Of tho peace and shall in ali respects pro.
coed Ia lac manner.
SEQ. s. The testimony Of all wtnss.e, examined
before eoronsfs jury shall BE- reduced 20 writing BY
the coroner, and shall be returned BY him, together
with the inquston Of the jury and sh rseognr.nos.
| criminal court Of record that shall be held IN tbs
county
hiet OF Jurisdiction II ,hs motion 10 srAmins witnesses
before this court granted. The jury had fogni
verdict OF murder the coroner has ARRESTED ths accused
and has returned the evidence Ns neIt erin na court
Of the county and witnesses have been eitsi - attend
At the trial, but the theory Of us eounssi for the
defendant u that one court esn nnd man
guilty Of murder and another Court Ind him not gaty
His Honor would end that the very bsfofs him hsf
offered himsH witness before thu Coroner and
sraminsd t hIs own request 10 uhs vhoIs rsass d
bis Honcrs vast erpesnes there VIII not Be found sven
.s,' sn "a ssss .os =. ne. s
hat they (its toronsrs) had M nsht " oTsr1ds iks
verde. q the Iury The District Aiornsy rs'pseuvy
gubmtsd that the Jsfgs had right Ani por.r 70
sramibs vitpsssss n a erimbssi procs~dlng, uni..s
there Ia . eharys p~pdlngbsf0rs hs Honor.
The Cour-fou dOnt mean that The Court 10.
night 10 srsnEs Witnesses hab~ss corpus
District AitsrnsyYou har. no right 70 sramns vit.
nessss In criminal matters on hAbeA. corpus.
The Court-You thint then, ! must bs eonhnsd ~
| the record of the fscnf
Ds,riet AttTnsy-Yss, sir. Hs ftbs Dls'ne, Attor.
ney) uBdsrso-d the objection 70 tss oomnifmsnt " bs
waived. There u coabi The be committed
for sraDinAikn ffun day N day A. ~ the fno,ioa 10
s6nt " ball he opposed n, and vOuid alssys opyos=
a. As IN a q
evidence 10 81 @ssi yroblsmsuesi
hr. Dafk-Ffcbsbs, you msss--
The district AiiorSsyI mssa foblsrasursl-espshls
o, argument IL thsn referred ~ tbs ~ tIs Pss
pc against Van Horne, H-rbosrs Esgorts' "A gsn.
sfsl rule sppieston 10 adrnl 90 bail ths Caart
wNl on6 late sny sHtrhse sstisso~ but wi con1ns
thsr srsuinsnos V q. e Jart> fsinony ptoisesd n