The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-23
LEGAL INTELLIGENCE.
United States Circuit C0urt.
Before Hon. Judge Belts.

Jury in their room this morning. pursuant to adjourn
.snt 10 receive from them the complaint against an
scia 1.-THE District Attorney as intimsted in the
eedpes before the Court Saturday Having perused
me communication the Judge said that he wished to
state to the Grand Jury in TO the
and to inquiry the paper that there did appear
20 be in matter any criminal offence against the laws
Of the United States There is offence in the District
Attorney refusing to prosecute Ii there any evil
OF extortion then the statute provides for such
II the District Attorney has inattenve to
his public duties he is Die to the government the
statute subjects the public officers to criminal indict-
sent for certain Offences but neglect of duty,
Mr. John McKeon, United States District Attorney
May 1t please the Court
judge cannot hear you, sir. IL is not right that
this matter should be discussed
The District Attorney-ls not this open court and
would IL be proper to allow insnuations OF this kind to
70 abroad without some explanation from the District
Judge-It is certainly an open court but is not ne
sessary that the should he discussed here.
The District Attorney would merely state that
everything have done have done under the instruc-
of the Grand Jury has the correspondence.
For everything have done have the sanction Of the
The Judge again said that il did not appear that the
mslrict Attorney had done anything to render him
anenabe, and that discussion was unnecessary
The District Attorney-f may be permitted 10 say
mat have never prosecuted man unless saw there
good and sufficient grounds for placing him on trial
IN my judgment every acquitted presents the
81 innocent man unjustly prosecuted, or guilty man
escaping Either position brings discredit the crim
nal Jurisprudence of State of the United States
the may AZ prosecuting officer Of this State
have acted on this principle, and have, far
could applied in the execution Of the duties of my
present Office have Investigated every which has
before me- and the result has been that every
that have prosecuted, With exception has been
sonvcted, and during the time have been in Office
there has been verdict rendered against the United
States any contested case.
Judge Betts-The presumption In that everything done
by the District Attorney has been fairly and honestly
dome
The District Attorney-n this particular case know
net What the specific charge against is, but feel
Mat took every reasonable measure to discover the
for the violation OF the laws found that
the informer could not be substantiated;' that he
.aeers, addressed a letter q Mr.. oien, the
seputy Coiector, informing him that ] was
infor nation personally applied to Mr. Oien for in
formation in relation to the accused. also applied to
NJ Willis one OF the appraisers After receiving such
snt a. Washington and received :her authority TO
sreise my discretion in the matter. disposed of the
case as deemed just to the accused and to the interests
y! the United States. Whatever have done has been
sy the authority Of those whose directions had right
Mr.. sperry foreman Of the Grand Jury, said that wit
aesses state that his books are in the hands OF the
The Court said the discussion must cease.
The District Attorney said all the books stil in
his Office and he would send the whole correspondence
Tho Grand Jury then continued in deiiocraten on
ether matters with closed doors, and the District At
information.
Un,teti States District Court.
Before Hon. Judge IneersOn.
JAN. 2S.-Tte United States Fifty-tro Cask II Az
-YAs Same Jones NJ HdL--In these cases, motion
made by the District Attorney to set aside orders
Saying the proceedings the part of the government
M. Joact msien, for the government, insisted that
tAese orders irregular. II attempt to enoin
Ne government from prosecuting inractions the
hen ha tltuto
sen Of the onencs The United States could not
jeIed, and the orders, one Of which was in case in
him the opportunity TO escape from the jnrisdction
Mr. James Rrg~ay, in opposition, cited authorize,
Of the orderr The orders made the petitions I,
sAs Secretary of the Treasury for remission Of tn
penalties and thus prevented accumulation of costs
The United States District Attorney said that there
no preceds mt for any such proce edings.
Judge Ingersoll decided that the orders irregular
TIE uct Of for the government vas ~ aV
sDirusted e sworn officer appointed by tho President
asa confirmed by the Senate TIE discretion OF this Of
assy aging suits for violations OF Law duly report
cd TO bin cannot be rolled by the Court lie is re
chs Court is to aad decide the suit hut there
Jurisdiction 10 enon the District Attorney from thu
performance OF his duty The costs Of S5 too smal
q object to DO noticed. The order must be vacated.
suprs me Court-SpecIaI Term.
n. HOPPER MOTT VS.. TEE RECEIVER OF TEE EsIoK-
ERBOCEER SAVINGS INSTITUTION.
JAN 22-RoosEv1I, J-This ia controversy arising
of The incongruons alliance and subsequent very
ural bankruptcy OF tho Knckerbocker Bans and the
sAsd Savings Institution. 1t illustrates
N manner calculated to strike and to shock, al
actions Of fair dealing the tendency of the to prey
npcp the vtals o. the other, and then upon It's
The plaintiff it appears in nis character OF member
Ne BANKING Association the 21st o! March, 1854 OBJ
tanned from the funds Of the Savings Institu.ionsn
VIII be mind that the chief snagers OF the for
,sr the published Lists shov trustees OF tn
lstte and carried their operations in the Wei
py-a loan, called, of So 200, payable with ineres
on demand substituting in the place OF the money .
withdrawn from the Savings Institution his proissor,
nse and certificate OF 400 shares OF the called stool
81 the Kn.ckerbocker Bank. This loan he now hi
make, and he, therefore, however mufh accommo
dated at the time, is under no legal obligation y
Sspsy IT. and he accordingly files his bill in equity
tho conjunction hardly fall provoke smile
very modestly praying that the Supreme Court Sitting
In its character OF Chancellor and SUCH Of course thu
guardian of charities, will order the receiver, whou
payment or any offer Of payment 70 deliver up the not
tae Of the friendly managers Of tho charity
<anlawfully he eontends ne had distracted Of TN
aaviogs q the poor the large amount Of and up
I'd In 1859, provides that its funds shall be invested in
loaned on, pnblis stocks or private MORTGAGES anc
that when loaned on-not invested in-such stocks o
mortgages, "a sufficient bord other satisfactory per
cBa security il addition, shall be required Of the Dor
rover" A stock note therefore, like the 10 ques
bon, being personal security in Itself, perfectly
lawful; and had the stock accompanying II been that
s.n raisd AZ 70 elmer what then the p sU
advanced by the plaintifY That IL, required by la
he had given good collateral security his personal pro
miso 70 pay thus fortified would have been binding; bu
having paimed of collateral security stocs which
Vas comparatively worthless he cannot Justly called
spon 10 pay anything and IL eqUia entitled to b,
shielded from all possible prospective annoy Anceant
hat ZOO it u said the legitimate and necessary
construction OF legal provision MADE, the act ex
presses it, or the interest OF the de posi-
ior-the poor and helpless and conhdna depostors
Institution organized by the leg stature 70 encourage
NE humble walks OF life, the virtues Of sobrety indus
Try, economy aud integrity, and TO provide for them
in 81 want and distress The bare tate
rssnt Of the proposition carries with IL, TO my adj II
rsfutstion. IL assumes the law Of o Christian
pocpsela principle which could hardly be tolerated IN
Of syindiers NE tses