The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-10-09
IMPORTANT MUNICIPAL AFFAIRS.
Two Indictments Against the
City Judge.
GREAT EXCITEMENT In THE LAW COURTS.
THE INDICTED ALDERMEN.
Nolle PrOsequi in the Case Of Councilman Cooper
TIL + CITY FINANCES,
&C., &C., &c.
IMPORTANT MUNICIPAL AFFAIRS.
GREAT EXCIYIMENT In THE LAW CerRTS,
THE INDICTED ALDERMEN.
Nolle Prosequi in the Case Of Councilman Coop
COURT OF OYER AND TERMINER.
Hnn Iudnn Rnnaauo1f S,rausain.

COURT OF OYER AND TERMINER.
Hon. Judge Roosevelt presiding
GREAT EXCITEMENT IN THE LAW COURTs-TwO IN
DIcTMENTs FOUND By THE GRAND JURY AGAINST
THE CITY JUDGE.
OCT S-Ihere was unusual commotion in the Court
this morning occasoned by the painful that
other city functionary had been indicted by the Grand
Jury for malfeasance in Office.
During the argument the motion 10 quash the In
dicments against the members Of the Common Council
the Grand Jury entered Court, when the forcman-Mr
Chas. A. Davies-bandcd in bundle of indictments
The Judge asked the District Attorney he wishe +,
make any motion with regard TO the indictments now
presented TO the Courtg
The District Attorney, having looked at them said:
In FIVE Of those indictments handed to the Court move
that they be sent to the Court Of General Sessions in
order that they may be disposed Of they relate to par
ties under arrest hold Ia my hands two other inaict
mens and request that bench warrants may be Issued
for the arrest Of the parties.
The CourtDo you retain those two FOR trial In this
Court?
District AttcrneyThe party il under ARE t. ani
no motion can yet be made bat for the bench warrant
The Court-let the five be to the Sessions
| and take your order for bench warrant
Application having been made to the Court by the
porors to be permitted to see the Indictments his
Honor, at subsequent period of the morning, saii.
There may have been seeming suppression in regard
IL,
perhaps propc in order to remove any msappahension
in behalf Of all parties who anxious upon that
tute In these wotds Indictments found by the CIR md
Jury shall be presented by their foreman in their presence
to the Court, and there be filed and remain public
records; but such found against any pesC for
felony, not being in actual confinement, shall be
open 70 the inspection OF any person except the Dis
tiict Attorney until the defendants therein respectively
shall haye been arrested That Is the why the
Court declined to interfere between any parties allow
| these indictments TO be inspected.
dauI} I,, r,,a.o <.t..
City Iudge) entering Court and giving bail on two indct
menis; charges bribery in accepting gift of $500
from Margaret NJ. Connolly the promise that his action
should be given In order that Indictment found against
VIM Cosgrave should be ended by noiie prose3ni.
The other indictment il 10 conspiracy with police
man named Elder to delay the trial Of Charles Raphael
! in the Court Of Sessions
Ulysses d. French tho Commissioner of Jnrors became
Judge Stewards bail in both cascs-n the former for
s? 800. and the hitter, the alleged conspiracy for
| $1,000.
| THE INDICTED ALDERMEN-A NoLLE PROsEQrr EN-
TERED IN THE CASE OF COUNCILMAN COoPER-THE
MOTION TO QyAsH THE INDICTMENT AGAINST AL.
DERMAN BEIRIcK DENIED.
The Judge-In the Of Nj. Cooper, are counsel
ready to proceed
counseIask the District Attorney If lie ia prepared
TO produce the minutes Of the Grand Jury2 and
| he intend to enter no,lc prosogm'
The District Attorney suggested that was better to
wait until Mr.. Whiting arrived In court In the u,ean
Mr. Brady then said that he would quash the
indictments against Councinen wandcl Heaey and
also, be moved behalf Of Anson Herrick Alderman
against whf m there are two indictments. Mr. b. read
The District Attorney objected to the reading OF an
afhdayi OF Alderman Herrck, Of which he hal been
served with copy. He objected TO the matter rrea
want rnpertnent and scandalous.
Mr. Hrady took the responsibility OF the contents Of
the affidavit on himself without reference TO any control
Of Alderman Herrick over him. and he denied the power
Of the Court to prevent him reading the document In
question lie professed 70 know the Law Of the and
learned friend. lie proposed 10 read an aiiaavt or
manhoiding high Official station in order 10 shield him
from the imputatons made against him. contend that
the affidavit is no, impcrtinent tcandaoua hat II
Is pertinent and relevant II be denied the privilege Of
reading this affidavit just Il stands here shall
proceed step further In this business The affidavit
states that the Indictment found by the Grand Jury
ty the influence Of personal Toe Of Alderman He,.
rick, who promised bs protection and influence 70 wit
mess whose testimony the indictment found and
that the Grand jury permitted him to be present. and
read statutes 10 them
| Ds,rict Attorney-Does the learned gentleman mean
to say that am the personal foe q Alderman Herrckf
Mr.. Brady mean Fernando Wood and that he is the
personal foe Of my client
The Court having looked over the affidavit sa that Il
quite clear that it contains matter that Is rree
want yet there would be object attained in preventing
IL being read
District A'orney-No doubt IT viii be published, but
dere to save the peoples time By not having It read in
Mr. Brady did understand what the learned gentle
man meant by saving tho peoples time He aid not be-
eve that shielding citizen and public officer from
deserved odinm spending the public time bat II his
learned friend Mr. Hall, had any other matters 10 attend
TO tesides listening "a him. he would consent 10 his leav
ing Court.
The District Attorney could have more agreeable
Ry permission OF the Court Mr.. Brady proceeded to
read the AFFIDAVIT Of Alderman Herrick which Is fol-
lows
Arson Heck being duly sworn deposes and says a, he
one o ne Aldermen OF sad city and ha Fernando Wood
That stree said Wood entered upon the duties mayor
has d vsry hostile s saa aepo
1natdeponen one Of the editors and publishers New
sd vbh he enes sc and private cssTacer @ err q sa
Wood have been for months past freely and severely
That Of plans by ssd Wood in order to
crafty yindcye resenirnen, towards deponent
ponen has been informed snd eeieyes e proeure kd
IN The presen, month, when Luther G. Carter
n sa a aas & Pace e's@ @ ~ | and 20 e New
Ych And having eprsred sPd been sworn before the Hon.
lsa, anfrend relations hays Tor o,ee time past existed be
weed lave been aud a. he dcpoheni believes yet are init
Ths, deponcnt had no, been arrested 90 ans charge
eh%rge made sgsa., him for oa , an
deponen had no knowedge nomaon or .uspcoo ha' any
criminal action ~as egnlsns,d ZEN Or e9nenpa,sd sssnst nm
sad wsr,rr ''' "e nA4 'ee' :" Wy
That ihe whole proceedings procure suh Indictment Oh
graed with Fernando Wood hsponen haz Informed
aud believes and TO ihs deponcni secret and candes
this aeponen, further states. Information and eesf
Grand jury objected . irving any testimony he enc, "a
s 5 sy slSss p @ Ss;s s.se 5 % ' ground
That deponeni has been informed snd believes the
Fernando Wood In the Grand Jury when WARM
objected above mentioned
aou being made said Wood took book and read from
explained under which SAID Waripg called 10
examination. examined. and said Wood IN The and
hesng of an Grand Jury who then engaged he
charge against deponen assured said Warng that the auf
should be projected from All prosecution for his shaye IN
saction he miyJ testify aOnu, and thsi be aid WOOL
would hat 10 fg hcn1 happen u said Wsrng for BIZ
pP"essd W" 1s % q he crsaS iJsa Jars vi assf
arer then here gave said warng and oH
him fad Carter the Grand Jury, already had
heT Possession testimony vhlrh would conve ssd warng
and nunated that would be used hts aisSiy e
rssaked 10 testify against depoucni.
Ths depsnent has been informed and eeyes he sa
Wpr testified against under tho of .sd
assuranccs and hreas; and hs esi alone dsfo
been informed and believes, the indictment
d,poneni Was found.
Dspobeni further esh that written co.fplar and NJ
AFFIDAVIT submitted by the Grand Jtgy srfng iepent
Oar ss deponsnt has any knowledge, tnonao 6eBef
That when e said proceedings took place raBd
Jury hsre was pending before The Common connr
which deponenf had been a1re an0 by
sought 70 erposc what depIenl believed sd s.
neves 10 be faud pracisef 81 ie sad Wod 20
lallxe fal.d fha In.rh R.i.ar