The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-10-24

Case for the Proseeutaon Closed.

Case for the PrOscouta0n Cioso0'
COURT OF OYER AND rKnNTNER.
Before Hon. Judge Roosevelt
rEDAY, Oct 23-rhe great degree ofinterest AWAKEN
Cd m The public mind subject of the indicted OIL
saa drew large attendance into Court tins morning,
N vituess The proceedings in the case Of Alderman Her
yiOk.
Al the opeuipe Of the Court Judge Roosevelt read the
Ioxioy medical certificate to the health of Of the
Jurors
Mr. 3 J. Fart has an intermittent neuralgia Of the
head attacking him at night II 1t continues as Is pro-
babe, it viii render him VI DIT for jury duty
W. B. McCREADY, NJ. d.
Mr.. Hall had no objection empannel another juror
Judge Rooseveit-chc attack usually at night,
and if the jury had not TO be confined at night under
stand he might But il agreeable both Sides it
might be better to have another juror place
Mr.. Hart.
Mr.. Brsdy--I object to any change in tie jury.
Judge RooseveltThen, Mr. Hart, you had better take
your seat and if you dnd yourself unable continue
you ADDRESS yourself TO the Court
Mr.. Hall then opened the case to the jury. He said
Mat any OF them had under the unhappy anci-
patton OF having to listen TO long speech from him. he
would be greeably disappointed lie would proceed in
concise business manner to expose the facts OF tho law
and sf the evidence This case he said may subdi-
vded into three parts There Is Indictment there Is
the act under which the indictment is framed and there
the facts which il is founded. Though there are
twenty three counts there is really but charge in
the Indictment. 1t is that Arson Herrick the defendant
the bar of the Nineteenth ward the 1st June,
1855, being member of the Common Council of the city
of New York, did corruptly wilfuty and teonousiy
sept from Edmond Warning, one negotiable and valid
bank check Of The value OF 500 which check was aie
forwards converted into money, with understanding
between them that Herricks as Alderman should be
given particular manner in favor OF modifying the
grade Of Eighty street in this city, which grading
was pendiDg a question in the Common Council. IL
would be thus that the substantial charge that
q certain day-which the 18th August, IS55-Mr.
warpg gave into the hands Of Mr.. Herrck check for
3l00, under the promise that the vote OF Mr. Her
sick in the Board of Aldermen should b. given ID favor
Of modifying the grade of Eigh y-siXth street The
law under which the Indictment was framed was
passed in 1858 Originally the charge of bribery related
only to judicial officers OF courts OF record, but in that
year the legislature extended the provisions OF the law
10 members Of councils corporations OF any
city in this state. by this law the punishment for the
offence Of bribery is that the offender shall be forever dis
qusfed from holding puolic office. The facts ofthe
sase lie in very small compass indeed The fast 70 be
proven by the prosecution Is simply his--tnat Mr. War
ing, a certain day, gave 10 VI. Herrics check,
which Mr. Heerick took on condition that he would vote
par ticular manner. Alderman Herrck not only as
Alderman Of the Nineteenth ward had interest in
this question, but of The committee to the
matter was referred After proving the corpus de'ic.i
he MIR HalD would put the stand Mr.. Waring, q
gentleman of responsibility and influence from whom
they soud learn that he called Alderman Icrrck at
his house gavehm check for 500, with the express
understanding That If The passed the check
should ne cahea and II not it should be returned. On
OF Alderman Herics ana to cnch T. he moved is
slider alton; and The 18th OF september he check was
Sashed. These all the facts In the
Mr. Brady moved that the District Attorney be COM
Deled to elect which count OF the indictment the
eused shall be tried There wentythree counts in
it. although the ma ter could be set forth in count
without any difficulty whate, err They thought they
should no be subjected TO having this cobweb indictment
thrown them. There two statutes, 10 OF
which this Indictment may referred One of them is
the amended charter Of the city Of New York. of 1853
That contains provision establishing sort Of geogra-
phir hat nf
OF this city shall be- subject to punishment for offences
FOR which like officers OF Other cities o. this state not
grounds on which he made the notion but would con-
tent hmf ELF with merely making the motion.
ters the jury elect which count of the indictment
he relied and in this case he would do 80 at the proper
time As to the cobweo which counsel spoke OF, he
would ind that would be able to catch big blue bottle
aies who thought themselves safe.
Judge Roosevelhe very object Of different counts is
TO the various phases Of facts which may up
and would be impossible for the District Attorney to
select in advance which count he should go on.
Mr. Brady-Wcll the Court overrules the motion, and
we except.
John II. Chambers examined by Mr.. Hall.
q. What Office do you hold in the Board Of Aldermen
A. De auty Clerk to the Board Of Aldermen.
O. You generally in attendance at the stated ses
sions Of the Board of AldermeDS \. Most generally.
Q. Are you acquainted with Alderman HerrickY A.
Yes, sir.
O. In the months of August and September last, who
acted Alderman of the Nineteenth ward OF this cy
A. Alderman Herrck
O. Produce the original papers which came up in the
matter of the grade OF tighty-sixth street
WITNESS produced the petition of Robert s. Livingston
and others for alteration grades in street,
presented 10 the Board Of Councilman February 1885
circumstances accompanying the petition, which
to have been presented at the tme report OF Con-
nittee Reads in the Board of Counciimen May IL,
1855 in favor OF changing the grade report OF like com
nittee in Board of Aldermen, urrng in the action of
the Councilman, presented August Ia.
Q. What action had on presenting the report
A. 1t laid the table subsequently taken up and
re-commtted TO the committee.
O. What the next step. A. On August IL it was
again taken up, laid the table, and made the special
order for the second Monday in September.
q. What Them ~ On September l3 1t was taken up
and disposed of and approved by the Mayor on Sep
tember Is.
Q. Have you the minutes of September 1872 A. Yes
O. Produce them IL you plerse and state what minute
there is in regard to the action In the matter oil the
Eighty sixth street grade.
Witness, (readng minutes )-Aldermnn ierrick moved
to up report OF Committee Roads, which
Red The report taken up and concurred in Alder
man Herrick moved reconsideration Of the vote which
motion negaved, and the matter was oroered to be
sent 10 the Mayor for approval
O. Foes appear from these papers who composed the
Committee on Roads in the Board Of Aldermen A. Wm
Drake, c. II. Tucker and Arson Herrick.
O. Are you acquainted with the hand writing OF the
report? A Yes, sir; It made BY one Of the clerks
q. Is this copy OF the ginal mnutesS A. Yes, sir
MARKED by the Court exhibit along with the oris
Mr. Han proposed to put these papers in evidence
merely calling attention to petition for the changing
Of the grade Of Eighty street. bearing the signature
q Edmond Waring
STRANGE signed by number Of gentlemen. He read
il and the petition in favor of changing the grade
Edmond Waripg examined by Mr.. Hail.
O. Where do you reside? A. In Eighty sixth street
q. You property holder in Eighty sixth street
A. Yes, sir.
O. How long have you lived thereS A. A year last
May.
O. What is your profession A. An architect or
builder.
@ Are you acquainted with Aid. Herrick' A. Some
little.
O. How long since you FIRST made his acquaintance?
A first m I \
they advertised for meeting for the purpose Of taking
into consideration the alteration of the grade OF Eighty
sixth street.
Q. About what time that A. think II was some
time in the fore part Of August latter part Of July last
O. You Of the petitioners FOR altering the grade
of Eighty sixth street, A. Yes, sir.
q. That signature exhibiting paper) Is yoursg A.
Yes, SIR.
O. What part Of Eighty street do you reside in
A. In the centre Of tho block between avenues and b.
O. In the month of August last did you draw check
FOR the OF 800 to anybody A. Wen, might have
done
O. Have you in your possession any check drawn by
yqp at any timer a. Yes sir.
a. l,l asNEt