The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-04-04
THE STANWK HALL MASSACRE.
Court OF Oyer and Ts, miner.
Before Hon. Judge Y. p. Gowlo..

Court Of Oyer and TIE, miner.
Before Hon Judge r. p. Gowlos
MOTION TO QUAsH THE INDICTMENT SsAnsar rIfx MIR.
DERaRs OF PooLK.
APRIL 3Tte District Attorney pro seeded 10 repiy to
the Argument OF M II T. Clark and opposed at Goa.
siderable length the motion to quash the indictmsnt
found aga Baker ard others for the murder of VIII
liza N Poole II startling proposition, but It be-
cams startling when the Judge of the court bslow
held that the argument Of the counsel for the
parties correct But IL this court TO decide to
quash the Indictment the grounds advanced by the
gentlemen the other side IL would Assal evcry prn
ciple OF Law which governs MI acts OF legislation
since toe begi pning Of tee Empire State Tho urpru
ence Of this State bad proceeded In antagonism to tho
proportions taben by the cppoaing counsel and he he
District Ahorrey) rose to dayperhsps the youngest
s rict Attorney the State 70 defend the practice OF
bali century which had down TO US . legacy
from the trainers OF the common Law. After fur
thsr preliminary remarks and arguments positions
advanced by ths prisonera counsel the District Attor
ny plocsedsd 20 contend that tins action Of tho Grand
Jury suprsms. He contended that this motion was
attempted innovation the eommon and the statute
laws tf this State. lie then referred decision I'm sh
Grattans Virginia Reports, COT, which he submitted
Analogous to the present case, and there the court
futed TO quash the Indictment As the echo OF the
learned Judge who gave that decision. he (Mr Hsli)
would ask what defence In 10 law IA there Ia
the gentleman the other side saying after the ndinx
OF the Grapd Jury that the Justice who committed the
prisoners did not In hi, in,estgs allow the cross
examination of witnesses before committing thems
Tie District Attorney contended with much force and
eloquence that indictment IL record mposng yerl-
y ON its face, and is not TO be impeached, save for
something It's face, some llegauy attending it's
fndpg-somethlpg concurrent with ia ince e2ton, or
pro- rers, perfection Let go 10 Blackstone, the
gospel OF the lawyer-the dspen ationso 10 speak,
whereof the civil urisf the law and the
phes. He submitted that tho action OF the Gran ia
~ capnot be mpugned for any thing which happsnsd
before that body began their inquiry rto any OF the
" all offences cospzable by them - ,orjing TO ths
statute The district Attorney defended the Grand In
quest. In ,he present time, when popular elections
the justice and the policethere is boey bey ond all
Iepoach and beyond all influence; conservation IN
% sn and that o% ssy ss ss
geis. Here let me remark as TO the gen nlem.ns
criticism, ugon the District Attornsys relation
never to iniruds. Ths Grand Jury found th,,
properly certified to them the information accuse.
,ian He now rame IN ~, .. a;.~.s..- a, ~. rnl.,.
branches into what the powers and duties Of this
coroner at common law-for much OF his duties at
He proposed to show that the our sa-
tute no more than the coroner at common Law, with
growth and necessity OF modern society. But this
ner nothing without his Jury save certain power. ot
"a Rev Stat 7a2 sections to O. as to tbs powers Of
coroner 1he ntxt point urged BY the District Atsor
ney was, 81 ssappo.,ng the ,,samsat ., tbs pr,,n.;
ton Ia psndipg-tbere Is the prerogstys OF the grand
jury their espendence aud the accused has suffered
sH @ es% s @
The Dstic, Attorney comm ented on the decision of
conendsd that stands alone ard bens the impress Of
mind seeking for fomethiog startling and something
new. Mr. Hall referred 10 the I'D volums OF Texas p
2s2 lie olnd fault with the COUNSEL for the motion
they have made lie cid not wish " bs understood
complaining Of this motion but he did wish To be under
codu Of In hay and
he should complain his Honor yielded 70 their vie~ of
the law. He asked tho Court TO refuse the motion TO
quah. lie asked him 10 sustain the Indictment found
by tie Grand Jury He asked him TO sustain Il on the
ground arst thst 4 was found by the Grand Jury
their motion and, second, becauss IL was found by
the Grand Jury upon the record formally pre- @nt-d 70
them from the Coron,rs Court 80 TO speak He astsi
the Court TO sustain the established ias OF ths land
that the without his Jury judcslly poweiss
He asked that the Court sustain tho indictment the
ground that incon embarra which
might accrue to the Defendants from any preliminary
proceedings could be brought TO oterfes with 30 sacred
ranr ~ .n.in ,hs mai .. , o .s
was at least a doubtful one.
General hye, associated with Mr.. =. Clark and Mr.
Dew, lin itr the prisoner replied la support OF ths
ton TO quAsh the Indictment and spoke nj great length
snd with much force and eloqusncs lie asserted tha,
there precedent W be found IA tge dark
ages, that should not be entitled 10 the right Of
examination before commitment and the Court that
stead Of en- sst pure and bench Of the pre-
rent sge He lhr Nye) was against the insdious en-.
sicaehmsn % % o. Iuaioal powsi, 'hs' BINDS msn ,ss'
They want the examination, because II their right
they want II, because IL Just IL ives an alarming
case and the commitment made At . time Of
great excitement, when the witnesses needed tho
corrective Of cross examination. The learned
tel then sustained the opinion Of Judge I'd
moDds, whose history, he said, was written on tie
records Of our couTtsi and whatever mar be hi,
fsuls there stands record Of his fame 10 brilliant
upon tLS bench Every line Of the decision which
hsd b.en referred 70 bfeathes firm humane ssi just
standardization Of the Law. Mr. Sys concluded BY sub
hitting that this Court had power oquash tbs adict
m'nt where there was lrrguarty and the irregusrty
in this that the Grand Jary found the indie
while the prisoners bcfore another trbanL Tas
prisoners emitted 20 their aecussrs are
and whether thsy be men who STEPPED In perjury
and crime
In answer 10 Mr. Deven, the Court intimatsd that u
quite certain that tho decision would be render
ed In the morning lie understood ths District Attsraey
that there que stion raised 70 the proprty Of
admitting Irwin 70 bail and that the only question
10 the amount snd that be would no. d.tsrmns until
ls had o posed Of the motion 20 quash the indictment
Adjourned TO Wednesday at 10 O'Clock.