New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-10-09


The a-,urr, vt was for mouen. suspended, vhe1
the Grsnd Juryc ,me in IA little after nj o'clock, and
He Foreman handle, bundle ,n.siling, sp2arenily
several i,detmeu,. Sich were handed to the Judge
The District. Attorney wen. Up and receive; them,
sud said the FIVE indictments be he'd in his hand hs
would to have RENTED 10 the Seseots Tor 'Fai
They were hand d 10 the Court.
He hold. ia his hsnJ, be said, twoc'Ler indictments,
which be would hand to the Judge. saa request inst
ireth warrants may be issued in regard 70 them.
Tie Juf GO Inquired he intended to kftY these Two
IL this Court
rot been arrested, and until they have beea 20, no
motion can be made in regard to them.
fIhe ststure forbiddiny the publication OF the oses
ofpanes indicted III after they bsve been aTet.ed'
10 IL formation could BE- obtained n regard 10 them.
The Court ststtd publicly, what is tie awon the sub
Jeo'.
Tie District Attorney esked If the Judge meant TO
decide on affidavit. he bimsef may have something.
NJ. Brsdy eontended that all the sffidsyKs must be
re sd first.
The Judge said the rule IN criminal matters > the
same in civil; the aiidsvits msst be reae on both
rides before the argument commences.
The District Attorney said he would bow 10 the De-
cisoD, ard would only say he had no afhdavs 70 read
at Iresept II the Judge thinks be may hereafter oe
Pc mtted TO 50, the matter may be LETT I'LL them Mr.
Brsdy Objected.
Mr.. Brady then moved TO qaash. He did 80 on the
grounds mentioned in the affidavit and presented ar
gunen, in support Of biz motion. Among other points
be showed thai noperson whaever has a night 10 tue
Grsnd Jury except the Grand Jurors and the witness
unc examination and that even the District Attorney
cannot be present except by permission Of the Grand
Jury. He contended that the motion TO quash should
be grated.
CASE OF Mr.. COOPER.
Mr. Purdy having concluded, the a'gument IN rela-
ton to the motion to quash in the of Mr. Cooper
was resumed.
The District. Attorney said that he finds that the
Grand Jury are not required to file their minutes with
the Dstrict-Attorney, and none have been fled, but
he viii present two afidavits instead.
The Dis,rie.-Attorney then read an affidavit made
by Peter Palm, in July last, before Mayor Wood, in
which Palm stated that be went to the Chamber OK the
Board of Councilmen with petition, and asked Mr..
Cooper to get it through that night who sid he did
not think it could be DONE and Mr. C.. referred said
Palm to person present, who, he said, would speak
to him; that said person took said Palm into the
yestibule, ar stated to him that he could get the
pster through for 500, TO which said Palm replied
that lie would have TO speak in regard to 1t to Mr..
Zegler a contractor, and that said Mr. Cooper indi'
1ecy required negotiations in regard to It, &c.
An affcavit was a.o pre- sented made by the MAYOR,
in which he stated that Pc Palm came to his office
ard voluntarily made an affidavit respecting Council
msn Cooper, which was afterward hsnoed TO the
TO eter d az a witness on one occasion before t1e
Grand jury, and did co. and that while there nothing
was said a. to any member OF tn, Board Of Council
men, and nothing except as to one member oil the
Common Council.
soILE PRosEQUI As TO coUYCTLaAS COOPER.
Tie District Attorney said that in consideration OF
the statements in the affidavit of Councilman Cooper
and the contrary adavits of Peter Palm he consid'
cred that the tables were turned and he would move
a role prosequi in the of Councilman Cooper,
ard summon him as q witness before the present
Grand Jury in relation to the said afdavits OF Palm
A bolle prosequi, after a few remarks from MIR.
W hitting was entered.
CASE OF AID. HERRIcx.
The argument as to Aid. II. was resume@ The
Distict-Atorney, in answer to Mr. Brady, contended
that the proceedings OF the Grand Jury cannot be m
reached in this way, and the indictment cannot De
quasbe6, but must be met and tried.
The Dis.rict-Atorney intimated that the proper
way to meet the charge would be to have it tried, and
not attempt TO quash the indictment.
Mr. Brady replied. He commended among other
things that Mr.. Waring could not be required to
a1swerin the Grand Jury in case which might crlmi-
pate hin SELF by the Constitution OF the State no
man is required TO criminae himself
The affidavit as 10 the non residence Of MIR Carter
states that bis name was taken off the assessmentrol
Of the Eighteenth Ward, where he had formerly lived,
and bis resideroe had been vscsted-and II was un-
derstood he had become resident OF fiushing'
DECISION.
The Judge, in deciding the motion, CONSIDERED that
the law requiring person VINO had been enga.ed
with another in any transaction, TO answer quesnohs
as related to that person, but his answers not 10 pc
taken as eliminating himsef is no. unconstitutional
As relates TO the point thai Mr.. Carter was not resi-
de1t Of New York, the Court cid not consider the
proof of nor .resideIce suficenton the other hand
be was re guary returned by the Commissioner Of Ju-
rors a competent Juror. Inc mOuoh " quasn TIC
Indictment rust he de- MED.
Mr.. Brady suggested that he could produce further
testimony to show that Mr.. Carer Is nonre Aient.
They also wish to put in a plea of abatement. The
case In relation TO the latter point particularly ad'
iourned to Tuesday at 10 o'clock. ..
The decision as to motion to quash applies also, II
wac understood, to the cases of Messrs. tlAey aud
Wan6tl.
SUPREME COURT CENTRAL TEAM Der: = Before
Jutaes MITCHELL, ROOSEVELT aud Morris -DEcIsioNs
John Z: Van Neste agt: Daniel u; CoHoVer-ofder
James Morton agt. Robert Achison-Order ap-
pesitd from affirmed, without costs ,-,.-u-,
James H. Grady act. Ann Ward and William W ard
Order Term directing purchaser to complete his Pur
John Bach aet Mary Ann Crussel and others-Order
revefs.S without costs siss the action
o,b."o,der Of spec. Term modified. Without costs; jads
stand as security but defendant Turner may 0ins 0n
John NJ. Martin agt. Cornelius Kanouse-Moton to
The order Of the General Term dsneS with sS
Depeyster Whitmarsh agt The Sun Mutual In
,usree Co-Oder Of Special Term aft rmed with out ceSs
John Creighton and Caroline has WIFE, and others
s josiah Irier,o and Matilda his wife and othsr,-The s1u
OF be raid former attorney nd the rest OF fand IN
| Court to plaintiff. ,,-.,,... ~
vArderblt-Ordsr CT Special Term affirmed ~ith costs
| The People and others agt- The Ravens Eoo0, &c
Turnpike and Bridge Co.-oIdsr Of Special Term shmso
Cent b. Crane agt Thos. Bates and Peter Bate