The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-03-22
THE sTANwIx HALL TRAGEDY
Supreme Court-In Chambers.
Before Hon. Judge Morris.

Before Hon. Judge Morris.
JANIS IRWIN, CHARGED Az AN Accr@soaY To THE
MURDER OF WILLIAM POOLE, ADMITTED TO BAIL.
MARCH 2l.-7he People James irrin.-Judge Morris
saidn this case the prisoner, James Irwin Is brought
before hAbeAs corpus, and the Chief OF Police
makes return that he retains him under the prccept OF
the Coroner, which is 1.-THE Chief Of Police win
ceive and safely teep for examination, tho bodies Of
James Irwin, John Hyler and John Morrisscy
sores to this death of william Poole" This commit
ment is not = proper commitment, and there might
have been a very grave question raised NJ 10 whe.
ther 1t IL sufficient TO hold the parties under
IT, but with that I have nothing 10 do. One
question In this is whether have any authority
to interfere when the party Is committed the cyi
deDee at the Coronsrs inquest accessory before IN.
fact This Court has power to ball In all cases, either
before after indictment. The discretion is that
the Court bound TO exercise M judcousiy aud
has decided in our courts The nrs case 4, that OF
Goodwin, baed New YorE by Chief Justc. Spencer,
GOODWIN indicted and tried, the Jury disagreed,
and Judge spencer held that the OF the jury
was evidence ofth doubt OF the gunt OF the accused
its discretion IN. next was the case Of yousg man
named rion for causing the death OF . boy. Bail was
applied in his and the motion made before the
supsm~ Court full bench and they decided that tho
commtn snt was not sufficient to hold him. But the
court took the evidence adduced before the Coroners
quest and they decided that they had full authority
bail the prisoner; but this evidence conclusive
that 1on had caused the death Of the boyn tact he
had confessed II and said. under the same ctrcun.
stances wouid do IL againths evidence before the Co.
roner fully justified the verdict they had found
and the Court though they declared their authery TO
The other Is tho People against Van Horne, who
was under indlcment for murder Tho Grand Jury had
first found bill for granddaughter in the third dsgree,
but the District Attorney not satisfied and went bo
fore them again. when they found indicm for
slaughter in the dvgree with this the prosecuting
officer not satisfied and went before the Grand Jury
again, when they found verdict OF murder The Court
In that decided that the examination befors tho
Grand Jury being reduced to writing they had thu
right 10 read It they had in ths OF the evidence
In that case there proof threat and there
no dispute at all that the death was caused by Van
crime whether murder mansiAughten The cour,
baltd him and ho Was sabsequsnuy tried and
fSn,s,'d Aor,sn q In .h. case The
the Court put the decision strongly that point
the concurIenoe OF the District Attorney not how
ever, actually necessary that tbs District Attorney
should concur, though the concurrsnce relieves the
Court certainly from immense responsibility for the
act becomes divided between the two. But where the
District Aorne, does not the Court must &C,
for th.m'elves Nov, that shows that In this case
There Is another question In this case and II Is
vsa.d question: the sooner II settled the beer-that
us 2, ,hs ,s nfb as ~.
the individual who Ii dead Ths statute empowers him In
that investigation to find out who caused the death and
authorizes him % Issue his warrant and hold this party
for trial consider 1t makes this inv--tga before
the etronsfs Jury similar to preliminary sramnAto
msgistatss have the power 70 their warrant TOR
arrest Tvimd faci, The procee 'ozs OF the
Il III
ths jury find any murder or msnssugh,sr Is committed,
the coroner shall Issue his warrant " the party not
already IN custody. Now th@n, comm.nee' The coro'
ht warrant after prsmd (dese evidence Of the OF
fence The next section referred TO the coroner
| 10 have like power, and shall In all respects pro
eesd in like manner. ! consider that by the sr.
precision in the 7th section the coroner Is bound
a. . masi,tate when . party Is brought before
him prisoner before magistrate must bs mined
Tie Justice l. compelled TO put questions TO him and
|
TO answer.
soLer hsis for an examination have the right o. send
him back before the Coroner and require this -ramna
tioD, ar have right 10 cIamins the here pro-
an sssnnst,on. f,hnt ths, on reading he syssnse'
tLer, Is ,omethng left ou, in the ,on of
Of The witnssass therefore decide upon examining
The district Atornsy-Tbsn your honor decides on ad
The court-l have come 70 the conclusion 10 ball ,hs
party units Mr.. suydam should testify differently. Tho
ameun, q bail isqsir.d would be $4,000
The Dt trict Attorney said be had other nts
spd be would require tbs legal notes Of bai-two days
Mr. DsysiIn s.id tsa, Mr. Irwin had bsea already 10
The district Attornsyihs statute renders the notice
compubory.
| something behind the scenes In this The Grand
Jury In session, and witnesses already
nonsd before them and there may be some desire to
tssp Mr. Irwin Ia custody until thsy had rendered their
bill lie can give bail 10 any amount. myself, wouh
be- Wiling TO go ball 20 the fell amount Of my property
coustsl IN the from becoming bali daughter
Mt Dsyeln-wtii, he can get plenty Of good ball
The District Attorney said-f am sorry that III.
teman fou nd 70 sppeai from "a. Court and
iron myself 10 public opinion, tribunal for ~hich
fave respect lie then referred the Court u ths fo
hce OF is4o which states officer la. pos
10 bail uncsr the circumstances.
The Court convinced he bad the power. and he
would bs the party.
The eefenes snts counsel nsmei Mr. Cars, proprssor
a. the Merchants Hotel CortiAndt street as Usli and
the Disric. Attorney accepted HIN ~ sufficient Mr.
CLARK was then sent for
Thomas Mesp.d-n printer 20 the Corposaios sub.s.
qusntly came N and became ball for Mr. rvin In ths
cum Of sl0 Ooo.
III. court denssly crowded. and the Judge msds
req u-st that there would te d.monstrston tie
part OF Nr. hvns TRENDS they then dsr~rssd qaisi'y
Court oy COMMON PLEAS.
NAHcH q 2l.-Ho,eoi Corpus.-A writ Of hstsss corpus
vas tAien cot, returnsbls Thursday morning, 10
bring up Councilman ksrnyAn Of the Thir.sn,h district
the ElSth ~ard Who charged WITH sdirg tho escape
| OF Baker, the murderer of Pools
Fireworks Estabiishmesa Blown Up
TWO PGhsoss FILLED AID EfoHr PxKsosr sJuHfD.
fearful .rylosi9n occurred 81 two o'eock yestrdsy