New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-10-24
law LNIELLIGENCE.
COURT OF OYFR AND TRRMrYER-otT. z-Besors
Judge Roosevelt.
TRIAL OF AID. HERRtCK-OS INDICTMENT
Cytf Hs.G

Judge ROCKWELL
TRIAL OF AID. HERRGCK-Oy INDICTMENT.
fCOrfAsdl
IsDIsPOsiTIOs or A JUROR
The court read sn affidavit from physician stating
that NJ j. Hart, one Of The jurors, is e cted with
q complaint Of the bead, which affects him a. night.
IL war supcested by rhe Judge tina; another juror
should be Chosen but ar. Brady for defn-e, thought
there was 10 necessity for any change Of the jury az
Nr II could sit in the dsy time. NJ II. was willing
t. 90 on end took his sest.
oPESISG OF THE CASE.
Ire district attorney opened the lie said that
lis rtraa Ia Woulc be but few, and any com Deus he
would have to make wOul6 be reserved TO the close
lie woulo merely sta the case The ds,riest'oraey
tlen read the Indictment which hiss been are idy
stated The charge is the disrct-atorney raid, that
Alc Uerick received from EDMOND WaTing a check
for slCO, On The prot1ise Of AID. to give bis vote
ard Influence IT, the board Of aldermen 10 have tie
lrede of Eigty sixth street altered, said charge Of
grace b.irg for the p@cuni4ry bsreft of said Wsing.
Tie iDoiC ment be shd is under tho Ia or charter OF
1888 pr viOu- 10 witch the qw OF bribery eXten1ed
ouIy 80 iuoicia affairs but that aT extended il to
uem CIR of the council. Tbs Is the first sasS
for bribery w-ic1 has ever been tired ii tnis cry.
The grade Of Eishy-sixh street Wa changed, as re-
queter by Mr.. Warning, and II !. agreed, II msy ne al
lowed 10 nave beu very good measure. 1t VII he
HerTick and gave 10 Inn the check in question with
agIeen ent that If the feSo zion passed Aid. u.
VIA to keep the check; o'bsr"ise TO return it. The
rntrc %. 20 receve brine cOnsti utes the ofenss
equally with bss ing received il. But mere II s more
tbsn sD offer, bavi'g taken The money.
Mr. Brady moved thst the els nc attorney be re-
quiItd 70 6CciCe IN W. lcb count OF the indictment
he iue' pro eed. The districattorney has sai1
TO The Jury that the tgeniy counts OF the adlct
men 4 a cObweb Of Pleading. II viii be found a
c0bw'b Mr. Brady ssd, as to q charge as yell, and
the spioer that woye II will be seen VIII n we cons t.
20 into To- dark corners Insesd OF twenty three
cour IT, tn charge might ave been contained in oae,
which would ut occupy thee minutes 70 resd as has
been extml lifted By tie dlsrio'-auofney In opetins
the case 10 he jury.
The ostrc -stiorey replies thst before going 10 The
j. ~ he will state what count be ilieods ID rely
Az % he Cobwel Indictment, it is koosn hat coz
webs have sometimes caught large blue ootue fl Is.
EVIDENCE.
John VI. Chamber, s@oro-An deputy clerk of he
board OF GiderneD AID Herrick was Al 'eunao of hat
ward in August ard September last; have here
u iton on Livingston an others 10 botrd or c0un
a. 10 February, ISIS, for Il change in the grade Of
T. elty.s street fcm First avenue 70 Est uNer,
81 d atO reuOLsrancei tie co Ditee OF that bosTd
mace iep IT in May 1853 In favor of oh 4Dging the
sr0Cc; rave alto a Ieport of the commIttee of the
boud Of adeImeo of II OF August III favor OF con
CuTTiI Sio 80 table - be recon nit oil to
tie cor Ui',e the EEK Iisht it made the
special oder tor Sept. 10 VIII n it was akeG up aud
curCuIpd IL, end approved by the mayor Sept 10;
tie Diuu'os show that IT sas taken up on mpunn "i
AID. Henck, and adopted fourteen to nvei AID IL r
rcE moved moderation, which was lost, I'VE 10
fourteen 81 the vaper sfnt t. the pej for apoya
AlJs. Dfbbe Tucker, ard IeIrick, we're tue commit
leo Oh bcs of The oOtTd Of al 'erIen.
III DIE lic,aitorrey then put in the printed minutes
Of he mt ctiDg as evidence.
MIR B,aoy hen read the remonstr ince agsius. any
alteration u tie grace, irbeng u1der c'ntrac t. be
giadtc. The uetition 10 alter so as not To nave
tie cutting down moe than seven feet, instead OF
how sfa n n
would be bel.f'ed &c as by the request of pe'tou-
sr'. The petition is signed, among others, by Mr.
Ws-i,g.
MIR Brady Iesd the report Of The committee Of board
Of cOuI ciInen, which they state the adverse parties
ad been before them and they satisfied tnat the
Proposed deep grade would greatly njde the pa ties,
DC b. is thrOu- b rock, aud make bad ascent from
the bvtnCes, sLd cutting tut hse aud ohe-atu ite'
ould make the grade easy. Ii is signed by MeSsrs
Weber Rid itr aId Wendell committee of board OF
cour linen, lie petition was presented b. Council
n, McCalill. The report Of the co hmitt7e OF t's
board Of aGemei NEEDY states tba they consider the
poetic fee report Cf board OF cOunclnen 70 be cor
1,ot, ind Itcoume d concuue &C. lis siSLei by
Al, ssrs Drake, Tu, ker and HeI rick.
EomOd WARM, swoin-Reeido In EiSh'y-s1h
street, and am proPertJ hol er there; hved thelo
siroe q year last May 6m az architects am some NJ
ile acquainted with Aid Heuck; the frs time saw
him a. ia the CITY hall when the committee sdver
tined meeting TO take INTO sdorstloR the grads oil
Elhly-s xh street; IL the fore part Of August OF
eT pant OF july Sbatuft pc'itioh
is nine the NM repreeutS the number oil lee.
the street own; my cPerty is 10 the center oil
The block between Avenues a and Is.
q. IL August ia,t did You d'sw check in favor Of
eul body a. | 1ieht have cone SO.
Q. Have YOU in our possession a cheek drawn "
YOU al sDy imel A. fes, sir.
Q. VIII YOU please sn0w II 10 the court Mr.. W.
laIded check which was thsen By the dlslric-a-
toneyl.
an.w ering that rs it would criminate myself
II dis ri, attorIe y said lie had nothing 20 d. with
thst; II is between biD AID the court
IRE jud. Iesd 10 witness from toe char or OF 1885,
STOW Ia thai any person may he competent -l'ntes
but the testimony shSn not be used Against himself,
civil or criminal
ny Wslne-Do | understand the court that am
compel ed to sIsstri
Tie iucse further read the charter that any Person
refusing 10 ties if, the MAJ Tate court may, 10 al
elton 10 any other pes atty e lss nit him to PRISON
ia he shah spear and tsit,, &c. Toe legislature,
the judge sail has giyee the snsser to your quesnoH'
NIrtss-IL6t creek wac given 10 AID. Beurck
Mr. Brady said low q moment Mr.. Hall. whether
l. rs bt OF aIy ptrsor in urt of dstice to SPEAK
al oil OF lrysecuion by the leg,lstue Is Question
Which II lot low argue but except to the iastruc-
;iol iyen by the cout 10 the witness
g Wien wes lie check gwen to AID. Herfickl A.
believe on tie cay p evious 10 its daie, which is Aug.
IS that Sunosy; gave 1t TO him a. his house
in SKY first street
q For what purpcs. cid you give ii to AID Her
rics? Oi,c ed TO by Mr.. Bfsdy as to the form, ard
objection sustsintd.
o. For WHAT purpose did be receive it Also OBJ
The Judge said the witness better be asked Whist he
said aud was answered reply. The district attor-
pey said if the other side wished TO put In that f1fn
hey themselves might.
Dir Breezy objected III witness, ne sNi' " Tue
real Ia ~ To blaine He is said 20 BE- man OF prop
eIty and respectable; bit it sppesrs be can go on
Suida, 10 msus house TO bnbe az alderman Qaes'
ton ovCrrultc
Q. Wa any person pr,sent but Ald. Henick end