New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-10-06

j
A. eli 1t idste. There Is connection between
this case and the others propose 70 plead relates
10 Aid D,Aka He wishes to see MIR. Jones aud th
who saI behind Mr.. Jones, and he wishes the trial
on VI, nday or Tuesday. II the District Attorney
cane into court with indie men. sgaios aly other
respectable perscn in this building or elsewhere, that
perfon can claim early trial without re'ereoce tn
any one else. Ii i not matter IN the discretion OF
the District Attorney, bat Is within the direction OF
the Court.
The Distict Attorney referred to the csss OF Capt.
Kinney 10 show that the matter rests with District
Attorney.
The jud. said there must be some order in the tr
Of cases They cannot all be tried at once ana it Is
rzoIer thai the arrangement should be LEFT with tbs
Dshict Attorney, ard If any tr Is unjustly delayed,
motion can be made TO The Court in regard to il. |
bad thoul ht said tie Judge that the business Of this
moIuiI was TO hfar motion to qussh the indics-
mems and tina. there is 9 common ground as TO the
whole.
Mr.. Brady sad the case of Mr.. Cooper would differ
iom the oilers As to the argument however, in re-
gsrc to the other gentlemen for whom appear, ask
pcsfpcpem -nt as l ain now engaged in IN argument
IN aDo ter Court.
CASE OF ALDERMAN MosgR.
Mr. Busted remark, that as relates 10 Aid. Moaer
he, Ike Aid. Drake, does not ask to have the 'ndc-
meIt qussted he has already given notice to me
Disr Attorney that be is ready for trial, and Is
anxious for early trial. In relation 10 the oder
which the District Attorney speaks Of the situion of
Mr.. Moser az member of the Board of Aldermen
also for himself the public and his friends urges him
TO ask Oh early MAI. The witnesses are in the CITY
and there is moth ing 10 prevent its goirg on. de
would ask the Disct-Atoruey To change the order OF
the trials; and il he declines, asks the Court for its
or er 10 move on the triss
The Attorney remarked that be hac nothing
further TO say.
The yudsc said the Court has been in session sioce
Monday, ana but one trial had been brought on. Ii
n trials had been asked for and the Dstrct-At or
ney thought proper 10 bring them on, they might hsye
doi so; but is matter within the discretion of the
District. Attorney.
CASE OF COUNCILMAN COOPER.
Mr. Whiting then novel on the argument as to Mr.
Cooper. He commenced reading affidavit Of Mr.
c. stating that the foreman of the Grant Jury is not
a resident of this City. The District Attorney ob-
jeced to the sficavt being read from tho copies
served upon him, the afhdavils are improper and i'm
per,iren', and based alto geher upon hearsay.
Mr. Viii ing said supposed to live in com.
uunity where the schoolmaster is abroad bH we find
We art in one where the inquistlon i, to work.
man may go 10 bed pure rs Julius Caesars wife, at
least ought 90 be supposed and gets no Ill the
ing and fads that an indictment has been presented
against him, and he demands On early hearing but 1t
is denitd 10 hin. The affidavit shows from inforna
ton ard belief that the foreman Of the Grand Jury ia
aud has been resident OF Queens County for two
years; that he Mr Cooper is innocent OF the charge;
a. there were I'D witnesses oefore the Grand Jury,
but that gentleman appeared before that body, with
out oath, and showed some papers, on which the in
oictuent is based. Theee points are proper TO be
shown information and belief.
The other affidavit, Mr.. Whiting said, is that OF
Palm, the witness alleged in the indictment TO have
been the which The Indictment is founded, and
who d. Des having any knowledge whatever Of saeh
transaction Ii the Grand Jury had any witnesses be-
fore hem, it could be shown by the oath of Grand
Juror or the minutes of the Grand Jury; ant further,
that no aiidavs were before the Grand Jury, rs no
witnesses endorsed on the Indictment and none
il filed with the Disirict'Atorpey.
The Court thought they better be real unless parts
that the Dstrict-At orney objects 10. The District
Attorney said be would object TO these atiavi,s,
b,.,t of ot hn other yNn
Mr.. Whiting resumed the affidavit, which Is as
follows:
The following is the affidavit Of Councilman Cooper;
CouRr OF OYER AND TERM'SERThs People Ggf raaius
s. COcpe.Cby and County q NeT York ,r-COrnslas :.
A A 5 SSs' Ses fa any believes sS
Information be tue that Luther Gate the gentleman
neSt the above cass found inoOrsd the
such foreman, did at The e o. the hndlns OF tns
dent Of Flushing Queem County Long Island
.d hs. 50 resided there for the ~I yeas s past and Ana mo
ev. .och nfmon to be true test the Grand Jury oend
hem in ,sson 10 the oasn.e charged sid nd
OF any Utber ofsne Ard dePenent urthet satin that the
without any founcson whatsoever And doponsDt further
9Th ss' -, be h.. s0 ssn ana Sy MO E
Wooc without their truth bes proved oy any person
es h' A' showed 70 cSasEI GSoFER
RICHARD BUSTEEo D, Commissioner of DeeiS.
The Indictment Mr. hitting said, charges that said
Cooper offered to ,ke $500 for using his influence In
the Board 10 release Peter Palm from his contract.
The affidavit, of Palm was then read by Mr.. Whiting
as follows;
The following is the efidavi, of Peter Palm in rela
ton to Councilman Cooper:
CouaT OF OYgR AID rERaNER-The People Ggt Corlsliu'
g. Cooper CRY and County Of Ne'c: York: ":-resr Palm,
redhg A No. l59 Tbirdt said City of New York bsins
he streets Of the Eleventh. Ward Of SAID city and
he9rs es hs h. . the s,,S1 2Gn ss;f s. s1 s
sspsmb'r Term against Cornelius Cooper counclmaa OF
the Twenty third Dlfct
pepoDen th he taken SICK on the 18th ut and has
lis fr and fsm have purposely kept oil knowledge from
depons Mt of against said Cooper until Yesterday
So inst when defendant wife placed Ia his hands
IN. containing said Indictment and when much TO
his surprise astonhmen be first learned or heard anything
Depouept further saith the only affidavit made by
him tsk,n by his Honor Fernando Wood, and swon 20
sSayt contained sny Mater or hing tending any way
the said Cornelius s. Cooper Councilman Aforesaid
in The T,eSss Si IIy Iaoy 10 Ss e.d 80 D" any other
for service which sad Cooper night render 10
%1s ths the and must have been put into
affidavit under or nsconsrlction o MS
conversation with she May for dePnent s..s and aspoes
implied bin ted .sked dsponent present or nture
c influence released from bis contrast sjre
sed o for any other object
he poneLt Informed the Mayor that he depoaent was ap
preached spoken N By Of whose ne dsponnt was
ana norsnt and who told him that for $500 he could get TIE
str ,cash the Common Council Deponent never "a" him
Deyonent fsrhe says that be before thu Grand
July rive evidence whatever upon the subject i M
subserbsd and sworn to this 5 day October 1855 before
ne JANIS l.. BAUM, Commissioner OF Deeds
Mr. Whitney in auired of the DisrictAtOrney If he
had any afhdsvis. The Judge said the indictmsnts
are not to be tried here-iti Is merely 10 see inc NC
ton of the Grand Jury has been irregular or not
Tie Disic Attorney ssid If that Is all the counsel
H. To-. hat