The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-10-02
Court Of Oyer and Tcr,niacr.
Before Hon. Judge Roosevelt.

EeloFe Hon Judge hooseveN
0tTofgR 1.-The court was opened this morning with
the usual proclamatons. The Grand Jury were called
and thirteen only having to their names ad
ditional panel ordered Tor Tuesday morning
THE POOLE HoMICIDE--THE TRIAL OF THE ACCUSED
SET DOWN FOR THE SECOND MONDAY or NOVEMBER.
The District Attorney, (Mr. A. Oakley Hail. said in the
Of the people against Louis Baker and Others he ha
called the Witnesses and enough have answered enable
the prosecution TO proceed lie desrous OF fixing
day for the trim.
Mr. II. f. Clark said they were ready for the defence
but he thought 1t better TO have day set down.
The District Attorney suggested Monday next
Mr. Clark had engagement out Of town, and next
Monday would not suit him. lie would prefer the hrst
Monday in November
The District Attorney said a. Mr.. Whiting who had
been assigned by the Governor to assist the Attorney
General and yselt may be engaged next week he would
accept the suggestion and set II down for the Grst Moa
General NySsad the first Wednesday would be better
he informed Monday election day. would be
thcr busy day in the city.
The Judge-1he difficulty about November is that the
General Term Of the supreme coar, sta during that
month. The calendar of the General Term II unusually
heavy and there are seventeen hundred cases the
lendar Of the Circuit,
The District Atorney--Ihs case OF Louis Baker will
very protraeed one, each person Indicted will have
70 be tried sepniat from the others that the
trial viii be repeated The case for the people will take
at least week lie made the suggestion that his Honor
might decide the matter with view 70 the time Of the
civil business
Mr. Clark In reply 10 ,re Court, said ne did not know
how long the defendants might take. II depended
the testimony for the prosecution The would
probably take altogether, ten days Or . fortnight
stand on the same footing. lie proposed tho drst Wed
nerday.
TO whether the business of the General Term viii permit
the attendance of one Of the Judges.
Mr. H. T.. sicklcs said the second wednesday would be
better the first Wednesday would be the day after the
election.
Tho was ultimately set down for the second Mon.
day Of November and in to Ar siekles the his
supposed to be the principal 6rs which q the other
parties would be tried next he could not say.
THE INDICTMENTS AGAINST THE SIX MEMBERS or
THE COMMON COUNCIL
The District Attorney moved that the the people
sgains, Aldermen Hcrrck Moser and Drake and conn.
eilmen Cooper He,ly and wandei ordered from The
Sessions 10 this court for trial The motion would
be opposed ~ the counsel for the De nfanfs
about 10 make the application to one of the Supreme
Court Judgs this morning Tor order TO transmit the
10 the Oyer and Terniner. These genfemen have
all sent word that they ready for trial and
ready.
Counsel for Mr Cooper claimed his right reserve the
power to make motion 70 quash ID, indictment.
Tie District Attorney assented.
Mr.. James T. Brady said-I appear for Mr. Herrlek a.
does also Ar Busteed; and Mr. Whiting and myscn
engaged In some of the other appre the District
Attorney that tn those cases In which engaged
tfons win be made 70 quash the indictments, on the
grounds of gross mismanegement and sbuse which took
place In the Grand Jury room.
Nj Busted on behalf of Alderman Moser had no Oh
econ TO the removal ~ his from the sessions TO
ths Court and its being disposed ~ aa scou "a possible
This matter ultimately set down for Friday
CHARGES OF MURDER.
Tho District Attorney proposed 70 set down he trial ~
Mary Anne Lambert for Wednesday NJ. e Spencer her
counsel, was ready and easented.
u cour, inquired Why the Dstrie, Attorney did no
GyShch cases ia the Sessions under the Aetf
The district Attorney aid he counsel sF The accused
can select which court he may desire 20 try II in lie
rrest med that the object of thai aw not 20 take ali
ihose n murder out u this court bu, IL enact
ed In II tho long yaeailnn htwsea the term
of The Court O Oyer and Ter miner II not intended
n give the Sessions coordinate jurisdiction With this
court.
The Judge supposed She object y ths w enable
the eidcfent hrsnehe. of The supreme C01rt 10 ~
with the civil business
The trial u Robert Buus or murier - dovn igr
ThuTsday.
TBE cAsE oF LYMAN cole.
On motion ~ hr. Eus,eed tle VI Lyman Cole,
charged With forgery, ~heh had bssn Transmitted from
the Sessions, set down for tss third Nonay ~ thIs
uon'h In order 70 give time ot eofnission 70 y ssni
70 Cincinnati
The petty jurors discharged antii w~ln~siAy
And the Court aajoarDs8 ~ TUESDAY morning - II
e'eeck, shen the Grand gsty Vii h empanasllei