The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-03-21

nutes woad not discosr all the facts for instance an
nni.arped Coroner-not such gentleman a. presdsd 10
hs ease-but unleAI ned Coroner neglected 70 tsae
down the svtdsnee would bcconiendsd that ths
rsd was NOT entitled 10 an examination on motion u
@ auni' 70 ball But here on a verdict Of Coroasr's
lsry, upon which jury at least four acted psA
bearers at the funsra and st tims q great excite
m..s ,9 Soey being ,t.n above ground, would q b
put down particular part u the evidenns that thie
Court had Dt a right 70 examine witD..sss, ana
Clark said that II va. ,apo',an, sh., h.
prisoner, who had hitherto borne rsspec,abs aAaraa
ter shoald be permitted TO bail TO see after his bssi
ns,s which was suffering by his ab.enss Tis could
procure ball 10 any amount he was willing that Il
should be what hs Honor you'd deem excessive ha, he
desrd that the witness whose testimony speslsiy
minated him, should be examined before your Hooor
On the evening OF the 2ath Of February thes tws
VA, Al the ar.t about nI.s o'clock; there no svacs
TO show that b: wasat the second anfay.
The District A,tornsy-Thsre la evidence to show that
he threatened the life OF Pooie.
Mr. Clark nusd-It Is conceded on all hands, bv
his friends and his foes that Irwin did el In his po~er
Poole. Morriaey and Poole arrested bot through
the wretched way OF managing our police Affairs, they
no preteses that he was implicated In the aaray in which
poos's life taken. What IL there TO impiicAts
irvinf Nothing but the fact that he wA ~ tho hrst
nhay ard did all hs could 10 separate ths pa<tss Tie
went home and there Ia not particle Of evidence 70
hlow that there was any communication betwecn. him
The District Attorney here remarked intellectually that
the theory Of ths Coronsrs inquest that thu murder
Ss, .n s,s =. eo.eo.sa oy NO 40 ana a ~
the hrst interview ths evening of thu 2sh OF Fob
ru.ry only the pistol Of Morr'ssy failed in snappins
Mr.. Clark then proceeded 10 comment upon tho tcst-
mopy OF the witness Suydam taken at the Coronsrs In
quest and on which principally Irwin ia hsld SuydAm
swore to threats made by Irwin against Poos, bot IL
fact he was informed, that suydsm and Irwin
enemies for long time that thcrs Law suits be
tween them now and that suydam bad declared that no
would destroy Irwin he had 20 90 TO he'll for H. Coan
se therefore submied that this Ia just th. whore
that single witness should be broush, bsiose thi-
court and II, on examination, he admitted that he
his moayh, the learned District At,ornsy would
Counsel continued 70 srsu. that ,h. 1as va. no.
planned the would only amount to mAnslApghtsr
snd there being no scce@ssry In sw TO tho crime of
mansausktsr, the prisoner entitled 10 bail Hs
then alluded 20 the dying declaration OF Poole and
tended that's dying declaration entitled to be sviisnos
must bo made by conscious that he YES about
TO die but ths dscaratioa Of man Who declared that
lac would never die could not BE- admitted. Pools d1
not expect TO die but on the other han srpr...sd his
dstermination TO live, and said that he would hght
Irwin yet-msaning that he did die, he would meet
him and 6eht him IN the world 70 cons. Mr. uars,
after som. further observations called upon tho eours
The District Attorney would not dsain ,h. Court By
Yr.. That ths youp, Ds las a ai.er.on 70 aas 2 ss
Second That the responsibility OF the discretion Win
the court.
Third That discretion Is not matter Of aryymsat.
but the opinion OF the prosecuting ocsr has sonsises
been taken. That opinion, In this h against ths
exercise Of the discretion Of admitting To bad because
the probabilities OF guilt preponcsas over thoss Of IN
botence.
FOURTH That motion 10 bail hsbess corpus moth
Ing but the dispositions below be looked into and ne
afdavits be submitted. Ctsd People Va, Mcleod.
Hill Peopls va. Van Horne, Barb. Peopls va Az.
seln, Charlton reports. Law Iasnm.
Ffth That examinations OF witnesses for tsfsudAns,
on motion TO bail, Judios. rhe statute
does not authorize n. The practice at eommoa lA~ u
against II.
Sixth That afisr the verdin. Of the Coronsrs Jury,
the Coroner has only specnc powerso arrest 70 coon
nit and TO eramins the defendant and that his p<s
cee6ng further would be to overrds tho verdict upea
which the criminal court proceeis
On behalf Of tho pfuonsr, Mr. Eys contsadsd that ~
was entitled TO bail
The Court sent for ths Coronsra minutes Of the pre-
cssdings and reserved hia decision unti weinssiAg
morsipg