New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-10-13

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81 tss 5eferdsnt; the 18th dsJ Of SEP
ses be ie oc.r e,ed or Ne Bennett aud requested him %
,up.,r At The Pice ice; the l5tn Cay OF sePsnor
tfs SefenS,at With his ard counsel appeared before
Justice faoeEeAu il toe absence Of Js''iee pH',S,o 60 g.
,ppee,sce at the rrTr of the Coirt 10 !" te
charge Th.i he !,t d, Of ptr1eer ,hr
6ed IN the of the Clerk Of tbs Court ina on tse
o. sept mb.r without wrt:,n notoe 70 .ne 81 the
counsel for Nj Bennett directing tn papers 70 o.
Jessie Fsndesu IN that he might proceed add be" Tue
case. That or pie alton granted.
A. there is di'eute A. to Whist tr.nsP;e
in this Cou;. what prrd 81 toe time before the
cosrsuce ,a'erd b,Ore Justice tsndFesu there
Gpon the facts pr,t;cd the application the per. Of tie
pecye /, "vsc.ie, set aside or discharge this order aud
si the ,ad complaint be .ert to the Grand Jury q be I'm
oe ed 3; the said u the Court for oeir ston-Acd
r.. he usgrste causing the arrest taking the reooa1
lsnce of IL. defendant be directed forthwith TO return ne
to- e the duly certified with the CLERK OF 'n
Court, ~ ,;,,
Better. proceeding to upon the merits Of the x1a
presenedI Will take this occasion 70 say th,s resst very
much at counsel either side ny their remsra on .a so
zion ud have b su'on. and bs,weep
City Judge and myself aud b. insnnons "a .e
Cou-t that such feeling. ought not 20 influence tne
upon that subject, but LETT 20 the discretion Judgment ana sse
Of emmett counsel ensaeed 20 use ;usn
clients II sufficient for to in reply that there GAS
cste self either his elevation 20 his pres
position The suggestions Of the counsel on that suhct
ss,ccate end so far as regard. defendant
entire stranger with whom have never exchanged word sad
whom know personally there no reason
whseyer justify the insnuati INDUCED IN BY counsel IN
eteIce 70 making the motion in this case the Court a.
I. bad the Tvmoes grouud for such an n-
sbuson would not have heard this motion Ia the dis
obsre, Of my ocisl duties know neither friends enemies
For my cs always ready to give my reasons aud
whether thew give oense 10 friends or foes Is matter To me
OF no r hly moment. so long have my approval
AN one no discharges his duty criminal Judge must
pat erd blame. shall treat this esc notwitnstand
~ thst has been to It by the position OF
parties. and the euncuce Of the counsel empye PIE
cy as would hyPQ5hetlca one presented i05 my OPINION
Il is TACT well established to admit OF discussion ,ha'
this Count Ia. power 70 yseste or modify us Is o. osGe,
penong before it before trial The order this case is an
evey d.y yn for one Judge t. modify vcsse
orders granted by Al other Ii were not SO Litigation WONT
motion before the she the order was entered the
District had no tes 20 @ S he 6ssSS. to %
Co. therefore OF the facts OF the care
Guty to pass upon presented without reference
to any action which has heretofore been taken In passing
upon the do net consider important to revert 10 at Tue
points presented by counsel for the reason that I'll unnecessary
uIder the vi,ws entertain.
This Court has written rules bu' it has al" avs been the
my with it to require two days notice
S1p d In hi: cs ss n
aud such notice not waived disappears BY the affidavit OF
the presented the hearing Of this motion have d.
ced the order to be vacated to have been entered
suppression OF ard this il the first Opportunity the people
f. sh, uld be vacated The defendant in all
is entitled 20 preliminary bearing before THs . sSnS e.
bail to spPesr at the Sessions i. waiver
OF the right heard before the magistrate The statute
ak,s 5uty of the magistrate before whom the Py
blouth to yt such bearing if demanded whether such
d b., the ssistra rs is charged fraud was practiceJ
upon him By promise hearing and bail given with pledge
thu should be opened and hearing bad although ns
would violation of the letter aud spirit Of the satdr STU
the PENDANT ought to be peuhced he In good ah
Necessary further than TO
say that do not think the technical points raised by the counsel
loi the deteudanl wei taken
Iii claimed by the counsel for tho prosecution that
the PsumPi9n Of Sw IS the PqOg officer performs ms s
that the magistrate did not refuse the defendant hear
ssd IN the H. Of the Ci Of the toSf Tbi, being the
presumption of law, that presumption must be oferome ny
acts Il the ocer leave the question in doubt Does
Tho evidence before the Court overthrow that legal pre'umP
ton
The affidavit of Mr. GaIbath the defendants counsel made
hc 18th day of Sep mbor states that the warrant against
Jutee f.noeau in company with bis bal aud Mr. 6ae dth.
hearing Of Justice Fsbd Tot the Justice replied that
the complaint not taken by him. Flandrta but oy At
Justice Davidson and that he either goin To- tue
country, that h' he had no doubt Mr. Dvidon
would give the airing demanded On tns NPrs
returned from the county, d - &C a va D,ydn
p.pers marked FIR hearing" The affidavit further states
hat while said recogu being pared that
serted ia ssid r,tosIlsnce or indored tn rson
.a'c that the tcosnIahce was gwen without o., ptea
qu,s. the Juoae fed That was unne ce.ary IS all the
BIZ,
n.. Of sd clause not insisted on That atcr the 18TH
1oF 1t 10 have hearing there Informed that Justice
Duvon had from the country. That by the drec
n Ss as u es J 81 Il wa. upon
iii. h,t the order GIT BE- set aside
la ~ sing this sdas lose sight of the fact that the
or the defendant xPerienced counsel That the
statement is EXPRESSING Of an opinion aad not
proniIe agreement That it Was tue risht Of the de,
fLiant to have hid q hearing before Judge Faadreau
il Gusrd.e That the clause the counsel asked to have in
seit-o the gnz. would have rendered the sane tod
Z. being H. comi with the Eta ute end Is not Tor
the CONT pr. counsel eXpenc the counsel
tie defendant o. these h Toe Idsv. Of
bath what took before The mag sste at the time
b, f ie The Court at the tune order entered
eden Of sending papers back to the nagtrae after
would delay and might in many instances amount
denial ofus 4 ought IL no case to be reverted TO- IN
.ubstsUtisl justice required 'hould be redres.od
In the 1neer consideration the alhdavI upon wnO"
dtron OF the part Of the people are mos, Ia', ed M
e Frd he slate that at the defendant sP
TeaItd before Ii 10 put in bail Mr. Gaorah then stated
That Justice replied that he could not take bail subject TO
examination but that he would sSe the au d; bail and lay
the before Justice Dawson who Issued the warrant
il tice her testified that he presumed Justice
not prci.e him and that bail then put In By the aid
dedt without any pledge 90 the part OF s4d Una.
vi with In' hcsns before aid Fsndrsau before putting II
b,iI Mr. MurTsy tine Clerk Of the Police Court, who
6l.d mn the rtcognZence, confirms the satcnr CON
,,d " The afbdayt OF Judge Flandresu. Ia subse-
Sut nj adavits BY Justice Fadeau and M Murray tie
trk they swear that the time the defendant sppc,ed
he warrant upon the complaint above referred to, and on
t6c which he gave BAL oa before Se n e
tuey cid 90 demand made BY tue atendsnt shy one
IN h half that Il msgstIate Justice Fsndfesnl wHo ook
The b. houd hm.t give hearing either before or after tle
az executed That the defendant distinctly
varied that hail could not be taken subject 70 any nshs 70
, after It given and that he must have understood
% ,l that 10 condition annexed u the recogn
fstce a. that gwen absolutely aud uncondonaS
The I'D Justice also in said affidavit states that he had
or to proceed with the examination befre
dnr.a hntf al aLCh