The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-04-19

that might be applied 10 very oppressive purposes
Bj Conn., 30j. The rule, thus laid down. believe
to be the true one No o.her in .y juagUeat Ia safe
nor Is 1t 10 be tolerated that citizen shall charged
with serious offence and sent TO petit jury trial
unless The expsrte testimony tsten in his vh
paped show him guilty. This is implied In the very
language Of ths indictment '' The jurors &c., upon
their .hs present that is guilty. &c. How upon
their oaths they cay the ACCUSED guilty uulass
testimony stspas b fore them the preof planned
would lead logically TO such con,vsons Il it De toe
rated that grand urie upon the
Of the guilt Innocence Of the ctizsny II the grand Jury
cannot that the testimony they pxrts
is not strong enough to lead conclusion OF guilt
citizen to be subjected si the 10 nomny of an indict
mept, and the reors perhaps OF long confinement n
prison. 10 the injury OF his health aud character and
the rum OF his business suspicion merely that he
may se guilty. do not understand the law, but
above stated that the testimony sufficient in
degree 10 convict unexplained. Such the pinci
pies which must govern in the cases before the
court TIE parties who apply bail, seven Ia NUMBER
w., Mclaughlin, alias Parsene, Turner. Hyler. Lynn
Van Pet horriseey and Irviog, all charged by
indictment accessories to the murder Of William
Poole The testimony shows that the evening OF the
homsids, without anticipation OF meeting by either
party, Morrssey and the deceased in public house
in this city; that they were enemies that meeting
violent quarrel ensusd between them and much feeling
was excited that Poole supposing probably he would
he assaulted drew pistol and pointed 1t at Morrissey
that Morrissey furnished with one, which he
snapped at Poole that at this time Irving interfered
and attempted prevent any dicuty and that after
much excitement but no blows given, the parties
separated by the arrest OF both Poole and MOrrssey
bosh Of whom were taken away opposite directions
None of the accused present at this first quarrel
but MoIrissey, Irving and Hyer. As the parties
taken from the house. Irving also LETT and seen
in compony with any Of the accused again that night
srd the weight Of the testimony is that he directly
home ard did not hear of the subsequent aray until
the pext morning The cnly other testimony as to
Irving is that SONS months before this he had been
heard TO make threats in reears to p,ole, and TO
declare his intention to procure his death. As to
Morr,ssey, the whole testimony goes to show that
after the difficulty, he, in company with Of
tne accused and others, called at dlsrene drinking
places that lie became very much intoxicated,
and was taken home before the second ARRAY in state
OF tenssess inebration There is evidence that he
copspred with any other parties TO have further col
sion with Poole that night expected one and the
ference from the testimony is conclusive that he knew
nothing Of the subsequent difficulty which resulted in
Pooe's being shot, until after the occurrence and was
then in too ipebrated state to be made know
I'll the next morning As to Hyier Lynn and Van Pelt
the theory OF the prosecution is that they in conunc
ton With Baker, Paraene and Turner, formed coaspi
racy for the purpose OF joint attack the night
difficulty with that end in view That these parties last
named old 10 the OF the homicide and probably
in company, i true That . difficulty soon ensued
between portion OF the party and Poole, is
equally true, and Poole received shos which
resulted in his death some days after. To con.
10 make either liable accessory 1t Ia necessary
for the prosecution t, first establish guilty contede
Iacy among them having that end in view for far
the proof shows overt act the of either Of
these three parties was committed after they entered
stanwix Hall which indicated any participation 10 the
dence shows, interfered with Pargene, OF the
cused to prevent his assault Poole and knocked
down fer bis attempt and Immediately left the house.
Neither Lynn Hyer joined in the attack that was
made, nor in any way showed hostile purpose by any
overt act The strongest view that be taken Of the
case unfavoraby to the defendants Hyler, Lynn and
Van Pe s that there strong suspicious that they
may have known Poole was at Stanwix Hall, and went
there with the others attack him. least wit
ness such an attack. There are some circumstances
which favor such theory; but SO far as the crcum.
stances in proof now CO. they not sufficient Of them
tunl hnrf nth 70 G~A;
falla within the rule LAID Gown in The psople
VI. Goodwin. q Wheeler Grim. cons, above cited) As
said by Mr Chief Justice Spencer in tha. cass so
am compelled to in this "rney may be innocent of
the oii-nee am equally bound to say that the proof
Lynn or Van Pelt They must therefore be admitted
regards Irving and Morrissey Imust 20 still further
and say, that upon the testimony, am entirely clear
there ~ not only which conviction had
paictment Whatever may have besn the errors or the
oies Of either Irving or Mnrssey it viii not answer to
a,iow neo.ds nt 90 DANGEROUS TO tue liberty OF toe
tDony 30 utterly insufficient, and while the Grand
Jury. In tre proper discharge Of its most re-
The Arm and stesoy support OF this Court, the Court
must with equal frmness and fidelity guard the per-
of 30 dangerous precedent that OF sustain
ing or fsvorDg ndctment the finding Of which is
utterly rnwarranted by the proof
It only remains to fix upon the amount Of the bail
to he given by the several parties.
That Of Irving having been already fixed by Mr. JUS
tice Morris, will remain unoisturbsd
Mozrissey must be admitted TO bail in the Of ten
thousand dollars.
Hyler, Lynn, and Van Pet must be a6mttsdto bail in
the sum of twenty thousand dollars each.
Proper notice in each of the be given to the
District Attorney, Of the persons proposed pail that
he may inquire into their sufhciency.
As to the other two parties Turnsr and Pargsne) who
have applied for ball. 1T is only necessary to say that
the application in their behalf must be denied
THE HOMICIDE OF JOHN 0'HEnL
The People Peter d. Lo,csonThe prisoner in this
is charged with the murder OF John ONe by stab
bng him with knife, Sunday, the l7th OF December
last at SO Washington street. Lawson is 30 years Of
sae native Of Sweden, and by occupation sailor.
The deceased % years Of and native OF Ireland
The District Attorney opened the for the prosecu
ticn and called Hugh O'Nell brother Of the deceased
who proved that at O'Clock the 18th OF December
John ONeil perfectly sober He died orthe 18th Of
December, between IL and O'Clock
Peter johnson, proprietor of the sailors boarding
house So Washington street. deposed to the
by which the deceased came to lns death; he not
sobsr he drunk at the time; the prisoner and
deceased met and drank together; q conversation
sued between hem and they afterwards began argue
they clinched another; witness could tell who
struck frat they took hold of by the shou
witness could not tell by whom: oNeill shouted out he
uas stabbed-"ten my mother am stabbed witness
asked what the fight about, turning round
deceased with both hands to mis- side Lawson
standing the door and ran out; that was about
three minutes after O'Nei said stabbed; witness
joke.
Other witnesses were examined and the ease was ad
jourped.