New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-10-09
la " INTELLIGENCE.

COURT OF OYER AND TERMINER-Ocr. s-Befors
Judke ROOSEVELT.
CASE OF MEssRs HERRICK, COOPER AND OTHERS, MEN.
RERs or COMMON COUNCIL, on THE ISDIcT-
MIHTs PREFERRED.
The Judge asked if counsel were ready to resume in
the case Of Mr.. Cooper
Mr. Nash COUNSEL said he wished to inquire of the
DistrctAttorney if he has produced the minutes of
the Grand Jury and also whether he thinks it
in which he enter noe prosequi. IL so, perhaps
it had better be done.
The District.AttOrney replied that as Mr.. Whiting
appeared in the the other day, perhaps it will be
as well 10 wait till he comes in, be not being presents
but in the time the argument to the motion to
quash on behalf of Aid Herck might he proceeded in.
Mr. Brady said be brought on motions to quash as
TO Messrs. Wandell and Healey, Couuomen, and aat.
Arson Helrck, Alderman, against viii n latter there
are two Indictments MIR. Brady said that the ground
of motion is that the Foreman Of the Grand Jury
not resident, that not suicen. criminal matter is
shown in the Indictment and that the proceedings be-
fore the Grand Jury wee irregular.
The District. Attorney said he would object to the
reading of afiidatits by striking out what he c)nsd
cred irrelevant matter, ard also slanderous speaking
in the legal eDse. lie has marked the aidaviis go as
to strike ont all but such parts material to the
que stion before the Court and strike out all that
sJsnderous and impairment
Mr. Brady said be is respor sible personally and off,
ciay for the contents Of that affidavit and he means
10 read it, ard denies that the Judge has any power to
prevent him reading it. He has considered everything
that can be used the other eide. He processes to
understand the law on the subject. lie will go
throue the notion step by step, onpure constitutional
tight.
In the first place he proposes to read affidavit of
his client in relation to the Indictment which in5ct-
ment charges an individual holding a puohc ONCE
with swing done wrong, and 1t Is proper 10 nave
re 40 in tubc. II denied it will be contrary to all that
has ever been allowed in what has been misc aed Us
tce in Great Britain. He wishes to show that per-
sonal foe of AID Herr was in the Grand Jury room
and was permitted to influence the matter.
TIE District Attorney inquired II he was the per-
Dal foe alluded to
MIR. Brady replied No; he meant Fernando Wood;
he is the one to whom he refers.
The Judge on looking at the affidavit, said that
although a portion OF it may not be necessary, 1t
may as well be read, as it will be got out someway.
The District. Attorney said he supposed 1t woud be
So but he thought portions may ss well be struck OUT
they cannot be acted upon and striking out VIII save
time. -. .
Mr.. Brady said be does not know how public tune
can be more properly appreciated than to shield pub
lie man who has been uniustly injured.
The read rg of the affidavit was permitted Ii i' a.
follows:
AFFIDAVIT AID. HERRIcE
is The CovRI or OYER AND TRIMMER roR the CITY AND
COUNTY o. Nav fotK-ANsoS hEERIck sds TIE fhoS al
Cy and CGnny o, Neg, is "oAn.On HeF:t being eng dy
ibsi Fernando WOOD i. Mayor the eof r'''''N ''
That said Wood entered upon the duties Of the Mayor
atty bitter controversy has arisen between him and deponen
which has made ssid Wood very hostile TO deponen.
That depOnett of the editors and publishers Of The Nse
.sd The ccia acts and private character said
Wood have been Tor some months past freely sndseverey o
That the plans by said Wood 10 order to
crafty yiDdctye toward defendant was as de-
poDtnt informed and believes to procure Edmond war
sO sn before the G1enG ys at n % jury
having been the Court OF Ger era sessions OF me
Peace for the City and County Of NewYork end having
IeaIed snc been before the Hon. James NJ smith Ir.
TIE Recorder Of tie said City.
tween deponeh and Smith, but the latter and Fernando
"SSe have been and pOn: ere e. int aa1
complaint msSs as.ns, him for oea msoondnet unit the
bad knowledge. infOrmOn suspicion that any ca MN :.
proceeding Se commenced or cont IPlstse ,si, nun, a
wans. That the Whole ptoeeed1s to IIoeaie aeh
f and BE- eyes and WAS TO Tbs cepcnen secret ana
| clsndesiine =. ... al h.,i.s
ths, the said itrs warns when be attended before said
Gsrd Juy objected giving testimony to the efe; Ih.
:. .geL .t t..tin ony Iishs eImin.,e ..ii warins
Ths h.. '.' p, s:eG ny S VIA
tered$ and objected above mentioned on SAGA
mae said Wood took 70 sS't w s2a va. sr
examination q examined and said WOOD N the
Of e ssa 1eI, srsS sd s @sas
should be projected from al Proseenaon ot si' .s Woa
b; % s. sssd S.p1u sns s 81
connection with the matter If be would snsreIt ae 2oso
hen .oa there s.1e said w.rnr s
hin b. the said Cartel or the o you'd e5at 1
Wsins and ntmsted that ii would be used TO his dadT
be refused 10 testify against oepoIen'
That A. deponeIt h.s been informed .nd believes re sd
Wsirs tsed .rair deponent under the tnnrenee Of az
s,n,.nse, an threats and his testimony Alone dep
IA, been informed and believes tbs indictment against depoo
\ ent found. .,.,.. -, -. %
s,yt vas submitted said Grand Jury dsponeni
g. den h.s knowledse infJrnstisn or belief
hen az proceedings psee before said Grand
her x,s per6ns the Common Conne WI
Sspor su Rad been active 10 promoting o wnee was oasn
~ Inse hist sepcnent bell and s believes 20 %
snd prseticed BY sid Wood on the City OF ana
Tr-..r,x in certain relative 20 ths rHng o.
wees. Jo.-ph Waller which had been sunk 81 IN
| Snot OF Doyer-f. IL the City Of New-f0-k -, -.
r., A. dep~n-.t has been informed scd beeves TIE sn
Jnthsr q Garter W. not vhep summoned eT an !aoi 20
~ S.,,snsr Term Of said Court Of Sessions nor when s~ori
- a. sprh Grand juror has be been Any tune snee
s5.nt OF the City snd County Of New esi hs been 70
-. thsn yesr past sni H. resident OF 70 90
couut1 Of Knn where during q. sueh Yen be be- rs,
| his family . ,... x.e.-. =
MATTEL JARVIS. Jr. Coumisssoer e. oesds
| M Brsdy ssid there wss another snidsvu on nj
| a. ,.kar iod,c D-9SfCt DIN !,