The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-04-11

motion to quasa tno = Irving,
uorr;ssev Linn and Hyler.
ua s.i5-Ihis is a motion made Ia n,s If thu ds-
xsndants Hyr, Linn Morrisey anif q, 10 onash the
a9a remand md the part prenI
Jury had returned their inqu s ting them az
accessories 70 the murder a william Poole, they were
.sesssd oy anssa s' BY the Coroner That they
nation BY vtnssse' q be called either for against
them the Coroner ADDING that under the statute he had
II the defspdants without OATH It VIII not
oe neeess now to discuss the question whether the
onef ~as right or otherwise In ms OF tne
w drthsr than to say tnat upon an examination OF the
statute have arrived at the same conclusion with Mr.
Justice Norris when that question before him
an the Of motion that the Coroner erred
In denying the defendants the examination they de-
nanded The question then arises have the defendants
reason OF such REFUSAL claim upon the Court forits
interpretation ss now moved for by them? 1t was not
UIs,tx n The sna,nc ~ this ;racsuent q; cannot
Be denied that the Grand Jury have full to make
inquiry and present. BY indictment, all persons charged
not under arrest aud examination before any the
mssistraes Of the county Bat it u contended that
IL "a manifest improperly and uudae haste
on the part OF the Grand Jury in eutersa
ng complaint and proceeding 10 iadct until
the preliminary examination shall have been brought
TO close, and that while the ssatute has not
Inhibited the Grand Jury from acting upon tn class Of
to have such examination fully closed before being pre-
kented by the Graud Jury. win not deny that In many
tho party Is under arrest and that the committing
gistrase proceeding with full Animation into the
facts and circumstances attending the alleged offence,
and particularly in that class Of cases. The
of which initiated up the complaint of indivi.
dual and character 10 some degree personal
TO the prosecutor thai would be very wise and judi
in the Grand Jury to defer action until the mugs-
ae has made return OF ali the testimony taken before
him. TINS viii always enable both the Grand Jury and
the public prosecutor, by inspection OF the return
TO judge Of its character and form some opinion
and the peootIsty Of further prosecution. sacS
discretion II II exists ON the part OF the Graat jury
would apply to all those cases where the original com
plant ID made to justice Of the peace and to all other
when return OF the proceedings and examinations
had not made the witnesses recognized to appear
and testify before the Grand Jary until the final close of
the investigation before the committing .gistrate.
But examination OF the statute win show that in this
s sn NO s9ss ~ n,
thee parties under arrest and before this Coroner
for examination, defer their action but were bound
II the testimony warranted, to indict BY Revised
Statutes 742 article 1st in regard to Coroners nquests,
il will be that upon notice received BY the Coroner
that any person has been slain il 10 the Coroners duty
forthwith to summon jury to appear before him ami
make inquiston such death By section
alter hearing the sas deliver to the Coroner
their nquisiton in writing in which they 70 certify
the cause and circumstances Of the death, a1d
who were guilty thereof either as principal or Access
sorry, and in what manner -
Sec Q. Provides that If ''the jury find that any
der, manslaugbter assault has been committed the
Coroner shall bind over the witnesses to appear and
testify at the next criminal court at which ind:t
n
the county, and the last clause OF the same section
fun provides that ii the party charged with any
such offence be not in custody the Coroner shall have
power to process for his apprehension 10 the
manner AZ a Justice of the Peace"
Thus IL will 30 seen that, by express mandate Of the
statute the moment tue Coroners Jury found and sub
scribed their verdict the whole matter, with ali the WIT
nesses sent to the Grand Jury -sent 20 them TO
act upon at once and with discretion to delay their
proceeding upon the charge whether tbs accused
lot in custody, whether they were or were
no. under examination before the Cor nsr as pro ysd
MA sEcti0p ca la
other class to which have heretofore alluded whsn the
returns not made the witnesses bouni ove- to
appear and testify until the preliminary examination Is
sSose3 and Il would be- in my Judgment, jussas much
dereetion OF duty in the raad Jury to refuse to act
after the Corooers inquiton had besn rsturnsi as
weuld evs similar rsfuss after the return OF the
prv.,m 1sry exam nation by the committing magistrate
tasen Of the mandatory character Of the st,tute which
rolled the action of this Grani Jury in tina case,
Of course no ground on which this motion can
be granted That the indictment Is regular IL conceded,
and the Court cannot be held to possess discretion to
set aside indictment prematursly foand in case
whore the Grand Jury have none to refuse finding IT,
The motion to quash must therefore be denied
Council for the prifousrs then desired 10 make mo-
zion to ADMIT them to bail; but there murder
trial on the District Attorney named Thursday for the
Argument, provided no other criminal case occupied the
Court.
THE TRINITY PLACE HOMICIDE.
Ths trial of Terence HamI, alias Hammond, charged
with the murder of his wife, Eliza, LIST January was
then resumed and after the inaton OF wit
nesses the Ditrict Attorney read the examination OF
day HERALD This closed the for the prosecution
Mr. Clinton opened the for the prisoner, sayag
the deceased met her death the hands OF the prisoner
but the questions for the jury would be his accounta
bhty, and whether the crime murder man-
slaughter. He then went to state that the prisoner
al time received injury in the head from cask
which so affected him that when he under the in
Ruelce Of liquor he wholly unconscious of his acts
James Lynch, examined for the prisoner sposeiThat
he knew Terence hanai TOR four years. knew his wife,
worked for the same employer a. Hamil; saw Him,ll
lagtk wv earl nj and In Ia ha
morning; saw HIM in his wn muse, es was coming
from church; had glass OF beer In his house with
him sent out for quart Of teer myself he went oat
to get shaved before left; afterwards met him, in
sbout ten minutes at the corner of Re,tor aul Green
that were with him; suppose 1t brandy he
drank; this about 10 O'Clock, or SO; we hid two
streets; i was brandy pun,h he drank; walked bask
again to the OF Rector AMI Green wich streets
and had another drink there In aboa five minutes after
have often seen bin under the influence OF liquor; he
would hunt for my life when he world be under tha
iDaaencs Of hquor, ana would have to out Of his
way were on good terms We never had any quarre,
that would be Of any harm, very passionate in
Bquor; be was wild, and would run and jump.
Crosse examined by the District Attorney Hal M
particular business with him when cauei his wife AMI
Jane there; there nothing sail there about
ans sna se s and drank Of .se sses h.a s me
angry words with bn; he had some angry words with
me about II o'clock; the latest hcar sag hG that day
eipper: when l say lie would be Wild from drink,
mean crazy.
acts when he got sober.
William Watson, polcs officer Of the First ward for
nine years ans nine months, deposed-rhat he knogs
Haml for about eight years; knew his vile for tn,
time; they lvs in the rear OF the badins No 81
Trinity place for seven years. lived ia the next house
have HamiI under the ahnenss Of liquor; sons.
times he would be hceable and som.tmss Ike crazy
man; I MIN 30 very crazy one pight that his was
saksd and fighting the fence in the yard;
light, about O'Clock at night; IL the noise that
asohe me- he fighting at the fence as II it vas
man he hit IL hard enough TO cut hs knuekle; that
about four years ago; he would chaheuye to dght
these he was best acquainted with he would JUMP like
crazy man; checked him or twice when sober,
and he told very little affected him. that he vas in the
police In the Old Country and had got his head rature
have good deal of drunkenness In the First ward
and never . bad Hamil when drunk ex.
cert one man Ia the Old Country, and he would fight
COW when drunk, Qsughter Hsm,li is very peacssbe
when sober never heard loud word fro him. hs was