The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-14


to hold TO bai. wba. he claimed in ths Discus
sion Of the suficspcy OF the complain. that the
osfendant was not tho party 70 object the comp at
was insufficient.
Mr. Porter said he 10 understood the counsel in the
former discussion Ths defendant then inssed that the
Court had failed TO acquire jursdcuon, the onplan.
The eleventh section provides that ths complaint shall
state the facts and circumstances on VII the belief
plant should have slated tAct and mot mere rumora Of
facts as the foundation Of his belief The
merely stated that he believed the defendan, had vo-
lated the law aud believed becsuss he had been
informed We produced three reported decisions OF toe
supreme Court showing that judicial construction had
been given to precisely similar provision in =
| that the party swearing TO his belief must sup.
port by facts and circu instances wi.hio his own
krorlecgs, and that information not sun
| citat ma the foucdation OF belief Our objection
ovsrrulec hi Court not concnrring with the supreme
the coaDtel differed from both Of US, holding that II
| MINISTERIAL 80 far the defendant wrs concernsG
whether the warrant was In conformity with the section
or not. 70, upon the question nov under discussion
understand him 10 ignore another provision OF the act
dsrt II be elects, and whether he elects not
On the hrst branch OF his proposition agreed
the second at variance Where the accused elect the
power ciesr Bat tina same section, with equal clear
meas gives the masstra,e power, II the defendant
elect hold him 10 bail This liz the portion Of the
tion which my learned friend ignores rne ciauss
ars IN harmony, snd both equally operative. Trae in
the clause giving power TO Try the Justice y eujonsd 70
try speedily The same Injunction is contaiasd in the
revised statutes 10 complaints for other orirnss
triabe by Courts OF SPECIAL ssssions Bat, there
here II s coupled with ths general to hold To bait
and II Ia for the accused elect whether viii give
bail or avail himself OF the right to sps"iy trial Ia
Of sessions The decision in New York, refsr
red TO By the council hss forae precedent
than he Is willing copcsde. whether that court had
The power to try mooted question But NO toabt
was entertained OF lite right TO held 10 bail That riyh
wss exercised under the 6th section OF tho act The
came language Which invested tina, with the
TO hoid to es oiohes this cour. with the power
| We claim it'd exercise "a a legal Iight.
Mr Jpstiee toe refuses the application, and held
that he had the right under the itn section OF this act
TO try the dsfsneant md not bound 10 receive bail
| for has appearance 10 aoawer the indictment
The warrant Of arrest was then read, and the de
fendant intsrrosed hi, plea The venire which hsa been
previously issued couistorelly, wss then returned.
The counsel for TIE defendant for tho purpose rails
ing one OF the eon.i utoaal quaa,ioas ngovea then
moved 10 set a-6e the venire and that venire
sue on the ground thst sufficient aumbsr OF jurors
not er,csd TO be summoned that the vsrire con,em.
plated trial by jury at Instead OF jury of twelve
the ce.rdsnt ciaipog that be en,tlec 10 trial by
Jury of tselve The Court hsld that tho In
was s'nt a. 70 tnr number o' jurors the dsfsni.nt
was not entitled TO Jury OF s~elve, but vas limited
to tx, The number prescribed by tha Revised Sta.ut
for the trial OF other mscemcanors in Courts Of Scscai
| u tssicns.
The panel OF jurors then called. The counsel for
the eeendsnt tben nt~rposed written aalsnge 10 tas
array Tor prnoipal After consultation Mr.
Werner suggested that IT would be desirable adjourn
st this ZINE, aH II would bs necessary to make
examination before determining whether TO oia issue
The Court then adjourned to meet Friday morning
nj the Mayors court room
/ Mr. Werner presented IN answer TO ths cha liengs
mace yesterday ~ Mr. Porter 10 the veurr aud denie
| the aues Htona ssI forth.
Mr.. Porter r,marksd that hs prssumsd that /. was
updsood that exceptions were taken to the dscison-
| Alf.sey had from the court.
Nr. r. then called on q whaisn, police constable,
Who vas sworn and tesuhod TO the manner OF
ting The verir Duripg his .saminston he stated that
~ belonged 70 two serIot eocirtsths Albany Divs
o. soss of rmperance AND the Gaoi rsmplsrs. But
Of ,hs Jurors 70 hs sno~issg@ msusecrs Of
Temperance s,iss sosae had be.n-M ,ssrs Court.
right and f1ne VEL had been
q are oblisstt OF secrecy taken by it, m.mb.rss
A. co rot tnor tb at have raht 10 STATE tas a,-
gbtiors that have entered INTO. decline euswertog
that qne,tson. Th,rs are osihs-,nsy are merely
pledges.
q. viii you state what these pledges are
4. viii not. unless tie Court Bsys must.
ffe tohr' cecdea that tho witDsss Was not bound 10
state what those plstges wer.
This etcrlol wa excepted To, As were o,bGr sabse
queDt ones Of q sinilsr nature.
WnDtts cotilnusd- had no eouversgton ~ith Nc.
wiisms ftompi~ipsnt) r.gudiog the summoninx II
| wy vas ~y Int ntion TO su nuon tmPstt al
| Fbs sasminetion of Mr. whalen was lengthy, aad tho
| Above arc the mstcsiaI parts OF H.
! J,p chism eworn-i am enc nt TIA Jurors sea
u ibla case never contributed 70 the fund raised by
tte Carson League nays pcomitfd such contributions,
bsHe rgrsd printed Obligation FOR that purpoe tnink
the suhstance OF Tho o0s son IL tsst ths
are to be devoted 10 enoreem.rt Of the prohb,tory
law have net been engaged Ia any odieiai capacity by
aDJ ofe 10 DO sny thing ubdsr the prohibtory las
| excepting 70 serve Ihe srscspt Ia this case.
Dr r. b. hisgs swofn-Wa one OF the jurors, 4 not
member "a Tbs Carson League
/ Jst'th i'A""eh h~oia-Was nos nirm ~t ~ Gsfson
| Isssus.
TIE examination Of juTors here closed and tbs court
decided that no cause had been shown why the yslirs
| thtnId be set aside.
| Mr.. Porter excepted from the decision
The tourt rnfn proceeded 70 draw the jury folosa
Bsr amir Marsh, john Burt, John ~. Chism, Richard
/ II. Hrisss, Jthn Mead. T.. M. Ioultright.
TIE Court Have you any objection TO the Jury.
Mr. Pofter.-ln the OF Hr. Chism object and
lIrttuns 1t Gill rot bs nssttd upon Tat he 4 pro
PER urr
| BY copssnt Mr.. Chem va. excused, and Mr. James
Mwsin vas drawn in bis rt.ad
Mr. lorter CHALLENGED Ir. Briggs, for prineips cause
/ MON rsgafcipg this case.
The cbaIIspPs Tor principal cause thea With.
4 dfawp aud the juror was obAIls ngTG for favor.
| M.strs, Nark and Mllwsin -srs sworn az triers.
reso the afda,is of Johafon and Hssupgs and bsisv
/ sd the 'scts TO witch they had testified.
hr wern,r insisted that Dr. Bi!ggs a com ps,ent
/ Juror.
Nj. Porter Hgusd At length that he was not compe.
ont.
Tho triers decided that Or Brigs. was neon pe,.nt
Hhfon y. Allen was then drssn and persmptoriy
/ claIspgef By Mr.. Portsr.
1hofass o wands was cert drawn and psrsr ptorily
Challenged by the prosecuting at,ofsy.
Mr.. Porter denied tbs right OF the prosecution IL
cbslspg. psremptonly.
Mr. Werner vithdIe~ his chailspge
Tbs following jarors thsn sworn Ben aron
hsuh. James Nil saiu, John Mead Thomas o. Nands
John Burt N. Courtrigbt
fne court then sdjourned 10 O'Clock =. NJ
Operation OF the Law Ia Other Parts or the
State.
We hear Of but VERY few arrests In he Interior th.y
The law gn'raDy observed there 10 delinquency
4 ts enforcement
Z In gossnshurv n n.n - a. :.