New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-04-04
Ia II INTELLIGENCE.
CASE OF MORRISSEY. HYLER, LINN, AND
OTHERS

q tie &c sth OF Poole. was continued.
The Disuict-Attorney said he hsd used, yes-
terfsy, So RESTED TO this moii)n. the word
startling. which was considerably criticised by
the counsel on the other sic. Tia. word con-
veyed. precisely, the meaning he intended it
should II was startling 10 hear the motion bsore the
learned Associate of your Honor, day or t~o ago,
arG more startling 20 find hr learned Judge sppsr-
e. y leaning in favor CT idea Ii this indictment
is quashed on tie grounds con,ended for by counsel
on the other side, it will overthrow the whole settled
policy Of the Law Of this Safe which has excited for
50 years, and cane down from the common Law. Al
though the your gesi Disrict-A;torney in the SAFE,
be Is here 70 defend the sw. Il .s said the Coroner
IL magistrate. Notwithstanding sn thst has been
said the to retrograde rather hau advance
the tendency is not only 10 cooy but 70 nulfy. II
can assi.t Your Honor - preserve those old land
u arAs Of tie .aw-to preserve, "a record, An in
cicimeut. ! will have done some service. Some re-
gard !. to De paid 10 the safety OF the people some
regard 20 conservation a. well as 10 radicadon Per-
soma liberty and personal security nowhere run rs
pam s. in this City, The Dis IictAtorney ia rot tina
officer be He II 20 give fsvors the ri ;ht
hand sDd fs the ef - grstfy the people. Let
see II We cannot say something for the sdity OF ihs
people
Amer some remarks at considerable length the Dis
tct-AitoII ssid ns first point s that Indictment
is a common record, snc must be preserved Ii the
s'stut- follow the common laE they are 70 he taken
together. Blackstone ssys that the only inquiry for
Grsuo jury Is behalf OF the prosecution whether
enough j. shown against party . presen. hin Tor
trial and il has no right TO proceed further Toe To-
0ictment il f ed in the Court of Sessions, ans be-
comes a matter of record. The oul; way Il can Do
set sside j. from some defect apPesring on tsorne
thing in iisef 70 show that i; is Dot valid or some
Illegally attending It's finding Collateral matters can
not be GOT into in opposition to the Indictment. The
-fidsvits on which tire GrandJury acted cannot be
inQirod into The Grand.Jury Is independent Theiu.
dictmen, can only b. questioned from TIE time Of s
birth. The GrHnd.Jnry ia necessary. II il ehsnged.
IL wss first ins;iiuied as check to conseTv4tsm
u row il necessary q check 20 rsdic sl-m There
i, not pu1lic officer not policeman 10 the City, but
isLo called on 10 make concessions 70 tins lstter
power. As to the present in1iotment, The Grsud-
jury acted on its own notion. Inc District Attorney
il II eye y the sgs adviser of the Gr6ud Jury when
applied 10. DO not volunteer. the District Attorney
raid 70 cause the finding Of shy Indictment
The Grand jury found this indictment upon The
testimony given a. the inquest aud the COronars
Jury probably certified to them the testimony They
actec Oh their own morton. The ioqusst was tled
l9;h March and the indictment found 23d, showing
vas bsst on the inquest.
The Coroner Of the county s not magistrate, not
vhstapdiny the decision Of Judge Ed noais, at the
time the motion was before him u quash ar lndct-
ment snd the decison made by Judge Efmonds on
that occasion stGi d. slOne. No where VAS the Coro
ner ever ytbing without his Jury. The only au'
thorily given to him by common lag, beyond TINS, IS
to issue warrant for the apprehension OF parties and
the binding over of Witnesses ana the statute con-
firms it, but further he has no power AMI cannot,
afide from his Jury, hold An exanina,lOu As 20 the
decision made by Judge Edmonds on the occasion re-
ferrec TO- il QusshlDg the indictment spoken Of al
though the Bar will long appreciate the ability OF
Judge f. yet that decision bears the moress OF ido-
syncrssy-the tendency OF mind seeking for some
thing sIastlDg, something new. az to the complaint
before tbs CorOners Jury there Is no complaint De-
fore q Cororer's Jury. They act on behalf OF the
public. The examination is 10 be read over to them
The prisoner lie TO be examined by the Coroner indi
Sidualy but the law nowhere gives him the power
30 TO eIanile witnesses Ii then belongs TO me
Grand.Iurv. 1t would be at yarAnce with ths pr,n-
cipe Of the Coroners Inquest if the Coroner can
forthwith 20 over the whole ground individually ex-
anime witDesses for the party, and, a. HI, own vo
hon. override the finding OF the Coroners Inquest,
ard dscharge prisoner. This power OF an amateur
magistrate would be thus nulll!ying every principle
of the sw There is ssweepng clause in the statute
that looks something Ike this, but II must b3 com
pared with the rest, ana it cannot be construed as
commended for.
The gentleman yesterday, slso referred TO q recent
deci- n of biz Honor Judge Morris. have great
respect as every lawyer should, for icisl officer,
but in regard to the decision of hs Honor, it seems
10 me 10 be AZ variance with biz dec.l0ns when he
was Recorder, and aisO when he was Mayor OF the
City. His vie 70 may be humane and, IN some points,
perhspa the principle correct; but he seems 10 act
on VIVA tub Jaw Us Lc lNDubuL fIDull 10 SiA Ays
Whist IL "a.
The decision of Judge EdmOnds was msde in l3io,
but have had Forwarded 10 ne decision Of 4 more
recent date. in the General Court Of Virginia, vol Z,
p. t07, Grattans Virginia Reports. IL was gent me
by gert smsn who bore high standing AZ the bar
IN this State. He Ike myself, is startled a: the limo
v6Ons ghich are sprnRlug up IA relation to the prn-
ciples oflaw. Toe counsel read from the report, in
support OF the lces that the indictment c0nnOt be
quashsd.l The decision ofJu1ge EdnOods, quashng
the indie ut which hs did WIS based upon the idea
of personal Inconvenience to the priOner, and uOOn
assumptions throughout aud such alters are alluded
to in the opinion read. Ii can bring your Hoopr to
feel that ns l. 4 doubtful question: then you Will ap-
peal 10 the law and appeal 10 the decisions snd yoa
will not Qussh tnis Indictment. The counsel argued
further az very considerable length and sad he would
leave the case and for various reasons which be re-
iterated, he trusted the Indictment would not b
qua-hed. The finding of the Grand.Jury wss made
upon the recorded testimony beiOrs the inquest Per-
sona inconvenience 10 the sccused cannot ba allowed
TO stand in the way Of an indictment The Court will
feel that this is hot only doubtful but an important
question, and weigh il accordingy
Gen. Nye, one of the counsel for the defense, said
that what they complain OF "a, that While th5de par
ties in the hands hsb sas corpus Of branch
of the Supreme Court OF bis Honor, Judge Morris
WHO had Jurisdiction 10 regard 70 them, they were
taken out Of his hands by toe action OF the Grand
Jury He also commended that the Coroner is a ms
estrete in certain be Il 30 IL relation TO actions
against the Sheriff, and in other ways aud he IL
clothed with ell the powers Of Magistrate for the
iDcipieut examination Of persons who are by law, be-
fore him. Gen. y. congratulated the Court that the
Judiciary is beginning to So, with more freedom Of &C.
ton more independence than formerly and TO decide
in n amer based the natural night OF nsn. Ine
man now before bis Honor says, - an innocent
and the good Magistrate will rejoice to enable him to
show whether he il or not. Gen ~ commended that
the finding of the COroners IDqrestwas nothing m)re
than complaint made and the statute says hagis-
trafe after warrant being Issued shall proceed TO er
anime &c and in this case the commitment is 70 the
Chef of the Police, TO be held for examination"
There IA no statute which authorizes the Coroner 10
transfer this power Of examination. The ststa,e, OF
the contrary SAYS the Coroner shsll examine the
nsr.y the .sre az q Iu.fice Of Pence.