The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-07

oo,s &ne folsping reDort nj tbe Fugitive savo isW
case that now ssi.atiDg the community from the sIans
Mr. p Churchill and his nine comrades we're brought
up again this morning, 1t ten ocio,k before Justice Snre
NJ On the charges OF assault with intent to shoof and
murder as stated yesterday The iooDes Of Tee cooI!
roon, We're crowded Mr.. Christie had the " aid snd
eomfor.' Of Gen. Anthony ~ amsess csr'a upon inc
Hessrs Churchill and Elliott were srraigned upon the
charge Of assautne Sheriff Layton with intent 70 m1roe
h5rs Hunt on the pa Of the defendants, state1 that
Ia lad beau uQnted procuring needed testimony,
and ked Tie magistrate 10 x the snAoant OF ball TO pe
given ~ the defendants iQr ther aPpea.aaie al e So1.
q Common Pleas.
Mr. Rodney Mason stated that II the defendants wiskes
70 waive trial and give bonds for their appearance, The
State had no objections.
Win regard to the amount Of tsl., Mr.. Mason slated
that within the past week OF citizens had beer ar
rested by the United Esases Marshal taken to Onclnna
and there made to give bail for his appearance next week
the amount OF 81 e00 charge OF crime only punish
able with a tine ard six month. Imprisonment while IN
this the crime was punishable with some I'VE years
imprisonment IN Tie penitentiary
Jiice christie decided that the defendants should nc
required give 81 500 ban EACH the present charge
Mr. Hauke asked the mt,imusses be issued and that the
defendants be committed 10 Jail.
Justice Christie Txed the bail of the persons upon
The second charge at 900 thus making the amount OF
bail required of Churchill and Elliott, at 81 500 apiece
Mr. Hunt stated that the defendants were unable 10
give bail 49,
muses. be issued and that they be rcmanded 10 Jail
The charge fer ''aiding and abeung" then read,
and Ivan 3. Carly Jared H. Trader, Tnos Msra Samuel
H. GGrvey, James Daniel Ihe3. Bentiy, W H. Il. Keep
CT ami John ralIenbarger brought up.
Judge Stunt stated that the Court Nigh tx the hail.
Mr. Hauke called the witnesses ia The cases, who gave
recogzancc for their appearance witnesses al tie
Court OF Com non Please
Judge hic, OF The Common reas Court, being present
Sr Hume, attorney from Hamiloa, made staten ont
that tho parties who bail for the defendants dis
charged yesterday for assault and battery upon SheTiL
layton wished to be relieved and TO deliver the defend
| anis INTO the cuttody Of the proper cihcers.
Judge White released them in accordance with tn
motion, end the defendants placed in the custody @
| Deputy Sheriff Fleming.
Nr HaUke stated that The same defendants hsd beer
arrested higher charge, involving attempt 70 mur
der and that tbs WAS the proper time he would wish
| abandon the prosecution In the present case
Judge " Ete refused 10 act farther, he was OF To-
opinion wo=ld be oppressive to Iure them to give new
bal commit them 10 Jail they were under charg
| fer q higher offence.
Commitments were then !ssuea by Justice Christie al
the whole parry rcmanded 10 jail, upon tho charges Of az
| sauit with intent 10 murder.
Sheriff Layton received writ this morning from J,dg
IeGvi OF The Uniiad Safes District Court. ordering MIN
take Churchill and bis companions TO Cincinnati, wnor
they 10 have hearing. The Sheriff. accompanied b
Rodney ason Esq, and others. left With tho prisoners
| half pas. one O'clock, on the Med River train
Is stated thai Governor Chase has been eIcgrapbcd
TIA. TIE State duly represented ct the coming TRIAL