The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-10
Court or General Sessions.
Before Recorder Smith.

Before Recorder Smith.
ORGANIZATION OF THE GRAND JURY.
DEC. e.-when the Court opened this morning the
Clerk proceeded to call the Grand Jury panel and quo
rum answering 10 their the following gentlemen
were sworn TO discharge the duties Of the Grand Inquest
during the December term
seabury Brewster Foreman; Sylvester Cahnl,
John A. Appleton, William Dumont,
John A. Appleby, Henry B. feiE,
paul A (,rtis Robert 4. Hone,
John dayton, VIM NJ. Hastead, Jr
Daniel NJ. Devoe, Vim. Haorshaw,
Joeeph Fisher, Jonathan X. iandon,
Ezekiel A. Harris Hamilton r. Searles,
John Wadsworth, James A. smith,
Thomas II. Messenger, Abraham SANDS,
Alexander Rankin, Lyman Denison
James N. Wood
THE REcoRpER's CHARGE
Recorder Smith then proceeded to charge the Grand
Jury which Il his closing charge as his official term will
expire at the end of this term. He said there
were so many Of the gentlemen who had been Just
who were familiar with the duties devoiv-
ed upon grand jurors that but for the require
ment Of the statute would be entirely
unnecessary for him 10 address them. Lotteries
strictly prohibited and any violation OF the laws regard
ing them punishable by fine and imprisonment The
law in relation to usury declared that the taking more
than per cent interest was misdemeanor. His
Honor said that there net enough importance attached
the laws relative to extorton, by public officers by the
community. He had sent a number of such cases to
previous Grand Jary but unable TO state whether
action had been taken them The Court
mended the jury 10 give such charges careful nves-
CATION In relation 70 the violation of the new excise
law especially the selling Of liquor Sunday, the Recor
der sad that he had already decided that until such
charges first investigated by the committing maeis-
should not entertain Them. His Honor inmated that
number Of complaints against parties for violation Of
the election laws would probably come before them,
he perceived by the public papers that several
arrests made for illegal voting at the late NUM-
cipal election. Whether all these cases had been dis
posed of the Special Sessions he unable to say,
but ntmaed that the time Of the Grand Inquest could not
be better employed than in giving such charges careful
examination upon the purity Of elections depend
cd all he W
ded for treating election rioters which stated that as
saults and interference with officers upon that day
felony. The Legislature had passed that stringent
law last winter and to the strngency Of that law might be
attributed the quiet, although exceedingly exciting, cleo
ton through which the citizens Of New York mad passed
He believed that there had been very little rotng and in
reference at the pols and by contrasting the preceding
WIN me % ne pe ss
Of cases which Of late had become very numerous
namely complaints Of false pretences. During the
treme pressure of the times, and the commercial embar
easements which many had been subjected the method
Of collecting debts by resortng criminal process in
stead Of striving obtain them the ordinary way had
been resorted The Court advised the Grand Jury TO
call in the aid of the District Attorney when OF that
nature presented for their adjudication because the
rules governing such charges very intricate In nine
Of would be the duty Of the Court TO stop
the when il before the petit jury the show
ing OF the complainant although the accused might have
been indicted by the Grand Jury and held by the mags
trate.
The Grand Jury then retired attended by posse of
officers.
The petit jury roll called and twenty five gentle.
were fined $25 each for non attendance
A youth named David Donovan, who indicted for
grand larceny pleaded guilty TO the minor grade of that
offence and judgment was suspended
HIGHWAY ROBBERY.
George L. Toppiano and Dominck Dorbno, Italians,
jointly indicted with boy PANIED McIniire, (whe de-
manded separate trial } for highway robbery, were
placed trial The evidence Of the complainant, Timothy
Hannhan who that he attacked by the priso
in Chatham street. the morning OF the 10th Of No
vember and robbed Of cap and 50 in money was very
contradictory that the Assistant District Attorney aban
doned the charge Of highway robbery and the jury con-
vctcd the accused Of assault and battery. AS ndct
ment for felonious assault pending against the la
ans the prosecuting officer desired that sentence should
be postponed until they were tried on that charge.
There being ready for trial the jury was
discharged and the Court adjourned till Thursday.