The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-04-03
THE CALENDAR OF CRIME In NEW YORK.
Court OF Oyer and Termlner.
Hon. Judge Z. P. Cowles presiding.

Court or Oyer and Termlner.
Hon. Judge E. P. Cowles presiding.
ARRANGEMENT OF PRIsoNERs-MoTIoN TO QUASI THE
INDICTMENT IN THE POOLE MURDER.
APRIL 2The April session of the Court Of general jail
delivery was opened this morning with the usual proc
nation The grand jury called, butt IS the District
Attorney intmated that there business for them,
they were discharged for the term.
The District Attorney said he supposed the next bust
order the arragnment of the prisoners and
to take their pleas.
MURDER WITH THE KNIFE.
William scharfenberg was then arraigned fer the
murder Of Helena hyer, stabbing her with q knife.
Mr. H. L. Clinton, counsel for the prisoner, said that
he was expecting communication from the prison
ers family in Germany The District Attorney assented
to the trial being set down for the third Monday of the
term
MuRDHR OF WIFE.
Terence Bammill was arragred for the murder OF
Eliza Hammil PEA not guilty. Trial set down Tor
second Monday OF the term.
MURDER OF POLICEMAN.
james Ryan and Justen Patten two young men aged
cah in po Sers Ss shooting him with pistol
The Dstiot Attorney said that he would put Patten
Mr. Spencer on behalf OF the prisoners was perfectly
satisfied, and would be ready on Wednesday Of this
week.
MURDER BY SHOOTING.
William Eberle was arraigned for the murder of John
Gil.oy sy shooting him "a ,,.. thar. on...on
the sanity Of prisoner and that should be tried
before his plea be taken He therefore suggested that
the Court would assign him counsel
The Court assigned ex Judge Phillips and Mr. Clinton
counsel. No day named for the inquiry.
MUsDER BY THE KNIFE.
Peter NJ. Lawson was arraigned for the murder Of
John O'Neil by knife. Plea not guilty Trial set
down for the second Wednesday Of the term.
ARSON IN THE FIRST DRGREE-PENALTY, DEATH.
Noses Myer arragned for in the arst degree
"a capital oence) in setting Are to dwelling house sos
Grand street, on the night OF 3D. November Plea not
guilty. Trial set down for the third Wednesday Of the
MURDER BY SHOOTING.
Joseph Hall was arraisnsd for the murder Of William
O'Brien, by shooting him with pistol the 1st Of
January last. Defence insanity. Inquiry a. to &C
countabty set down for the second Friday Of the term
MURDER BY THE KNIFE.
Edward Allen, lad apparently not than sixteen
years Of age arragned for the murder Of Patrick
Gum with . knife, On 9Th November, 1864.
The District Attorney said he had received notice Of
retainer from Gen. Wright, District Attorney Of New
Jersey who not now IN Court He would acceptthe
plea Of not guilty, and let the case stand over.
NEUTRALITY-SUSPICIOUS..
In the case Of Anna Dorchey, charged with the
murder Of her child, the inquiry TO her sanity was
THE PRISONERS CHARGED WITH THE MURDER OF
POOLE.
The District Attorney said, that the easeof the Peo
pie against Baker and others he had been served by
kessrs Devain and Clark with notice for motion to
quash the Indictment. The argument on that motion
should necessarily precede the plea and he named Sa.
turday next for the motion.
APPLICATION TO INCREASE THE BAIL OF IRVING.
The District Attorney made application for the rule Of
bs on james Irving, to be increased from $4,000 TO
$2b, 600. He had been admitted to bail by Judge Morris
in tire Of $40 co., since then the Grand Jury had
indicted Mr. Irving, and the District Attorney thought
Mr. Devalin said that 80 600 would the sp.
pesrsrce Of Mr. Irving with a. much certainty as $780,
not wish 10 be troubling his friends in the matter.
The District Attorney pressed his motion.
Mr.. II. +. Clark here came In and asked that the
gument the motion TO quash the Indictment be hoard
now. 1t would be nconvcnient for him to attend on
Saturday and he suggested TO the Court not to pass
upon the question Of bail until he had heard the argu
ment on the motion TO quash.
The Court preferred acquiescng in the suggestion Of
the counsel for the accused and the District Attorney
consented to proceed with the argument at l2 O'Clock
this day in the OF Irving Hyer, Morrissey and
Iann who were directed 10 be brought into Court Inc
case OF Turner was not included 10 the motion he
not sufficiently recovered TO Be present In Court
Horace y. Clark with whom was General J. W. Nye)
moved to qua,h the indictment He read afdavits Of
John Morrssey, John Hyer, and John Il, Devain, OF
counsel for James irwin, each substantially setny forth
that they offered BY the Coroner only individual
examination and that they asked examination OF
Their witnesses in defence which refused.
The Coroner advised the District Attorney that
his duties ended after verdict with arrest and individual
extniinatio
W. Clark commenced his argument by stating his prn.
cipal point, that the Indictment found premature.
lypep ding the RIG hit OF tbe accused TO sxaminaton
ina. It thus in fraud OF their rights lie insist
ed that the phrase the section regarding examination,
and shall proceed in sll respects justice Of the
peace invested him With aisteria powers TO proceed
on tie verdict Of his jury the same as II Il
were pre'm nary affidavit charging an offence lie
proceeded 10 argue that the Coroner was, therefore
magistrate that the matter before indictment stood
In the light Of a pending examination. He argued That
70 hnd Indictment under this view, would be 10 de-
fraud accused OF right 10 be confronted with the
Witnesses against him, &c His argument was suost.
italy the made before Jucge Norris He cited
| the latter's opinion
The District Attorney denied that II could be called
decision a. the point not before his honor.
Mr. Clark answered Perhaps not strictly, but II was
an intmation entitled to respect Mr. Clark next read
the opinion OF Jucge hmonds upon similar applicA.
ton, qua.hing the Drury Indictment because Of pend
| ing exAmibA alton
The District Attorney said II was not exactly parallel
for before Judge Eimouds' Law was be believed and
he questioned In toto, the were be first
| fed the Coroner was . magistrate.
Mr.. Clark commented at length and With eloquencs
upon the abuse Of personal rights our midst and de-
nounced the grand jury sysem lie commenced to argus
the tubsct OF bail but the Court ntmsted that this
would arise appropriately hereafter The following
the points upon which Mr.. G. argued
That upon the rendition verdict Of the
jury the defendants the Coroner became
clothed with the powers Of magistrate and charged
with perform Of all the duties applicable the
Of fer crime imposed by law upon MAGISTRATES
That the finding OF the Coronerr jury had the same
eject preliminary shdavit made before magistrate
sns amounted 20 nothing that the proceedings before
l.fuw he az