New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-02-20
COURT OF GENERAL SESSIONS -Fsb ls-vssors

OF 'he Bal reduced. Postponed TO 2lss ioss-
COURT OF GENERAL SESSIONS -Feb ls-Bstors
=. judge srv,Rr
MI Joen Graham applied to the Court 10 pronounce
nus u,eificu Ia tie case of Herman Restenhatt,
charged, under two indictments with false pretences.
jugs stuart ?, sd the following dec sion:
IA tss ndrer Of e People He Rotterdam desea.
isSs.. Counsel accused uove. to qv,.h both ai
n 1Fen The .roSnd that ssy wese found ~s'gt
.vue1t Of the b, NJ Graham Tor the prisoner aud
the s On hs SSs GPf S the pseSSr, 80
,ns con r,,ns wtn.s' which secomp,ey tho ~ iesmsus.
Which they acted odsrg these bills hsvs read the
planning p.pe with sud IL sppsrent that they cniy
isiI exhibit proof .snesnt ineici without soy
legal .vcsree whatever OF viola ION of III. statute
false prstsre,' Tes being usof-s,, and h.vias
the concession BY the learned stcrney ne p-oplethst
these piuary expeditions contain and precisely the
tore TIC Grand july and that the Grand ngat bad other
evidence new.sdss inform ,ou 10 the than what
that the defendant has indie 81 fT ,.o snoa sn.ss
prot preparation And upoa hi. state Of s.sa.
siyeD preliminary fot better Of the caeD the Court
moved behind the Indictments aod aaci notice
Of this Of proof for the purpose Of setting then
side thus Kissing the question both os~ .nd i@por,n,
there proof before the GRIND Inquest ee,s
han tie ohense alleged with vs~ tn qussh indictment
Lawful rs comp on In accordance with the ruesof plead
ard in porting absolute verify its face The criminal
books srod amo. authority for the exercise Of such
power cannot Ind precedent adicset e nj
either IN this country England for bold
GssSd jury to ndet whom thew Pleased %Ssa hey blessed
they pessd and for THAT they pleased with proof
proof they blessed defy ng the Court OF which they
lees than coordinate branch against all review OF their acts
demanded by the rights u the citizen needed Tor
ends Of public Justice yet there decision Involving
principle OF law rule OF crimns procedure going to insct
such ~heo pudeuty sorted to for the attainment
of truth and the administration OF that asues ~ncn Is tho
propet, Of all Al Indictment az dedued In Jae'6 lao
OF compliant drawn in form Of law sod exhibited
" for criminal oheps- IL Is says Chief Justice Holt,
p.n bret certain narration Of ofonse COMMITTED
shy The fact ADD il, An iudct
IL, tha heff Cf Z. o..
." sccussfon made Ia prescribed legal form rp0s
erdene bys nemSeI OF authorized person. Of sono ctm.
prefeIed Court. becomes record for purposes OF
sT1 ~ drawn H sO qa S ss. sa% be ian
pesched for any That 1t may, tor some rstsoos
where is nsn. that the body indietios has janA-
diction the subject matter on which the sccas-
ndctm.pt 10 see If IL contains al elements necessary
to it, validity Why nsy noe 30 ov. TO tue persons sng pre-
they constituted OF the number requires oy the
.S ssd no ne % TS ".s 's not Very GOOD
Why then hiss not the Court power TO Inquire AFTER aay mis-
conduct OF Grand Jurors tenoiaf TO ss sneu
diseover whether although crime has been proved
country; peTpeuated within tae pale OF their lasde-
ton whether not so ancient 81 be without .ne cog
the criminal law, II within II had not been
show BY the stm9ny Ct wii1es. lnan9a. Sf Gun, 40
mseIsl All this t.te itcsrsniy all except the sisr
be denied by one who has siyen me
subject ttsr attention This grounds as seems to ms. tot
en- enoe by the Cosrt OF this nsturs is thst
the Grsnd Jur, wholly without authority to indiet.
cfnios msesusoy obtain the subject matter OF
criminal oien's except npon sworn sss .s.%ony %
fore duy constituted authority as 90 la,det'on eau
BE- had Of the body Of criminal offender, except
BY o. ' ss ,s s 5. aS,d ss
all tho nth srd the strength OF justice how may
eoo 20 q he subject matter Of oaeO. or
nos Ioa 90 s ths
psDss de srsdai0u OF public tis The !, not
bM there 40, prevent bus tbs. has aeYss besa me-
which with tbs Cont ~ould be sufficient u us,ics to tho
did rsquei hut WHOM demsnded BY what
sba This Court from prudent and esre
fol OF ito OF duty. IL 10, in Jidsn-Rt
quite enough that aG-nd Jury licensed TO act IN secret uoa
part. testimony in respect TO al matters aud persons with
OF law and ~ere crime poyed-ds for a'tIaes
witrs tesufes before the Court snd Juy spectator hears
,st me ritp.,. ts.ees TO ,o2ehias which be be-
leyes 10 be utterly false citizen standing hard BY ESD
reriury Is there no relief in such = case save public
diement for nsgfcisDsy OF proof not why no. me
/. tine for Oee; Tor controlled by Sothog -lss Grand Jues
BE- bound by the rules Of evidence of t. more
Of Dr. bod Leach T. ls' when The d,s.ea.s, -.
called upon to esd he cha me o,
witnesses The Court entertained tho soecton
The Epsh bar be,ose judges and ~ss only be-
csrse they decided the evidence legal aud the ;nes
tba D.. doetrns expressed ia obtained Ssa
authority and do.s cot prevail the lag aPoa ihs SUB,
Hubert Dsno s the accused ssr he hsd pleaded and on
sons to ia give evidence relative 70 the ehsscisr
nt foul With view to show that bst one smonss
ssDy sdaDeAnofs had Dcsn -
fore the body Ddcss him which dea.ed IS thsi would -
impsseb the Geod Juror. before
x the decision Of TIL. Judge bfonon
oos ths, nocu could not Do p-sacc
upon motion b showing tn.t h w.s n9t iGnsa aoon
inv In the pocedpg the Grand Jsry and sdded that ~hsn
tie pub aee required ~ record onEn &c DC sse
vertsd By Tia assertion that v "a, ne as , he
respect not embraced ~ ING gnes'soa ,inSt
IN ~ ens oftI absst JUDGES held ps Ia the sa
prsme Court OF ts State. An Indictment. 10 fouadsnon
pesk eTiDin~I prosecution snd hct ast
The tWo osSsr confederation. there wss NJ esA pos
no .tter how fsl would DOT stHl a. 81 eree's TOT
s sbst.vsr before J.r, negative thu
,ruth Of the pfssnses alleged vi hat doubt of me oTse
ofthe Cor, them aside and CONVINCED Of ny dnJn
TIE Di,tet Attorney sad lhs' woad take the bery o.
reviewing the case upcnsvit Of error Althousa n
FEs. le-s fore JUDI. stuart, -,
John Cunningham IND Patrick Lake we're tnsd
ard Convicted Of hasrsg, Ga he lst IT. SI'~eh ~ 80,
swelling II Be'nna Riley. No zil fint az s.S ct
tbereffou $40 in An and wssdos sppsfs rms
.ersnced Cunrin t.n % n. State Prsoa for 800 yeas 'A
two ront5s and L.in three yeas .nd Two In
John bros'. vss tried and convicted o. osssn No
be .eoos d noe The dssnt O. >, ne In az, from
which be- Stoe property 70 the ,siss o. -.
"a to the Ps,a for eish y's burglary ssd
De AieI X are indicted for atenp, g., a. vas usoS.
.re - - -, .,o,, on ur Moos. No ID s,,~. eh.rsstsf,
5r.t The evidence Of bis zulE not hs"s
'ii July '1sniI,ss ,I wa, tried and seqnirsa ca
LD"ls nhe '..x A. esxhls % toe 1n "-s-
xs-rb v.'e,a Al as the property Of Sses 49,
The Court then adjourned FOR the oaJ
DAY