New-York daily tribune., 1856-03-14
LAW .LVT,ELLIGE,NCE.
court OF GENERAL sEssIONS-MAEcH 19-Before
Recorder SMITH.


Recorder SMITH.
CASE AID. HEALY.
The Court met at IL O'Clock. The attendance was
gute large it being understood that the case OF Aid
Healy; Tex CouncilmaD,) who stands indicted on
charge of bribery, would be tried. Mr.. Healy was
present in court with his counsel.
Mr. Hall, the DistrctAttorney, sad
In the case of Bartholomew IIealy, which was ad-
journed from Monday last to to-day at my request
the prosecution and defense being both prepared at
that time to 90 to tria-in order to enable to
feet little upon the course which most condu-
GIVE to the public interest for myself to take not only
in this prosecution but various others which como
der the Bribery act of 1853; and think have ar
rived at the conclusion to in these cases the en-
trance Of nole prosequi. desire also TO state briefly
the circumstances which have operated upon my mind
leading me to come to these conclusions; and have
placed my views in writing that they may be hed
with the proceedings in these cases.
Mr.. Hall then read the subioned statement to The
Court
UHsnses against the Bribery Act of 1853 alleged to have been
have pros,cuted to tlia three of similar cher
Upon these trials there ensued one scqua aud d
agreements Of ures In there has been two trials and
two dsseements More reeenty in parallel ease IN Brock
.Vs Ss been OSsa to semsd to So
taned by documentary testimony which u was alleged went %
ndicmens- and they are drawn under section of the
and are O ~ & places and
supported only by testimony Of
ready instructed trials the indictments far had that
the evidence Of the scconpee was me
evidence thought 10 cooborse this Upon the fresh trials
the Court wovd have to add afurhur that hs e
deee weak and often faulty and con-
trolIed BY the nfrmites Of human memory.
They who are familiar az 'tgdents q we law OF OF s,y 2
and profit the cement Of politics whtbe Justly or uusuy
y Counsel and tDctarss oquence
Of sumong' When prosecution through wat
ting aside until pare exhausted to keep
s political snd Of an accused & ron .TS Ssn 10 re n
tory shut hose merely suspected TO be
nsted and the political element necessarily pervedes the evil
denee not how strong case Of g1t may BE- there
ss. :1Ss.i' probability Of '''''''"''' ana p''''y 40
make these last remarks upon general principles intend
Jury who represent the people beyond ny repre-
4. even.~sad there Is reasonable and raionsl doubt Of
guilt And ia the cases unred s my duty to obey thi maxim
Of law that man presumed to bs innocent na snt
proven EspsSsy . the ,r ssse sse1
so% a. nov pGT hod aS MY bsv reSoS'sed against the action
which deemed advisable for the public Interests IN preterog
before those supported only BY oral prooesPeeiay toward
Under these existing Circumstance since the Jurs take
the responsibilities for the people in dcins to me by esI
believe that there may be danger Of justice b3ng
,,se Sned BY % OF nso: hs@ n"% eIS
s under the Bribery Act Of sS trusting 10 the sense OF the
!siaIe TO strengthen by giving IN
equal advantage with the defIseand hoping that the trials
erred uudcovered that whether punsbments follow their
nisdeeds exposure certainly can.
beIeore present these considerations 70 Honor in
support my official motion for leave entor HAe pToe9Ei
In each Of the following cases:
The People Ast. Al son Heuick-two indictments.
Tue People sgt Joseph =. Ebllng
The People apt Bartholomew Hesly
The People sFt William b. Drake.
The People Ggt. John c. Wandel
The People sst. Bartholomew b. Purdy.
The People William r. ReyuoldA
The People Francis NJ. Curry.
The People sgl Samuel n. MoseT
These pesoIs entitled trial Having arrived the
conclusion try them for the stated have
rsht bold the indictments then Of aTb
trsry power The noe Prossqu the unwilling 70 prosecute"
Of the Latin lawyers, kls the pleading only, but the
charges They viii die only through the menace OF the statute
of limit stions
The motion of the District-Atoney was granted.
SUPREME COURT-GESERAL TERN.-MARcH lS-BeoTe
Justices STRONG, ROOSEVELT ChERXE and DAWES
The matter Of the New Reservoir came up L. Il.
Shepard Corporation Counsel moved the confirmation Of
the Cominisoners Report the damages for lands
taken o this For various property holders
Der Of gentlemen Mess Jas T. Brady Tom Fullerton Phelps
Bosrdman, and othen appeared.
fesdDs their arguments, the Court adjourned to Friday at
II An