The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-10-09

y ~ ~ OAsAA AASAShA4Ay a 4
3: Z. q - s'; sssa., c :: 800 :: 80 4
., e =: :: e.: -: -. 81 :s::is !!
oosid : .sds &. ,Ass. " .ss ma sss,ossSis
sdiy va And il he nosion hsd ben Ssfss yosrss
am sndsst yoa wosld have saAd mis- nay 10 shU3
Doses. bu. ne party has been suTpssd and s IN deas
and only yesterday thai NE paper were rssurn
"a, 30 has exercised ne usmo diyssoe 10 has asked
III. e osns =: CO. ss:s 10 @
gave you" % I'm nediaasy applies counsel aud counsel
comes into ooc us :: rapeiy = he possibly Gould IN
anything unfair In The oson being then heard Nos In
The least degree subnx, sz, that Judge Russell WAS
had been the Jadse You would inevitably have de-
cided that these was Reasonable notice. that the melton
S s'f sss e and ~: %s ?:
fhe defendant had right BY law 70 this preliminary
osarDg No court could AXE IL away nom him, II =
give me nsssEsss was bound By Il, oath and b. tho
aw 10 examine Mr. ctles the return Of the warrant
oher Witnesses were produced on the psrs Of the com
palnAns no Was 70 exanDo them, and thea
dau personally and then 70 the defendants Wit aesscg
What them 'h. on examination Of Tho whole matter,
.hA appear The magisiraie either that no offence mad
oSa, ging The prisoner, he shall di,oha-se him shall
appear that offence - been com od and tnas there
I me b su aa
scn magistrAie could deprive hm-frst, Of exa nin
Ing The complainant and Of examining him ~ long
Jssce required; then OF bsng examined himself, II no
ohcse 10 oer himscN and then OF producing biz own vii
and having them examined. And until that was
uis.nse, usess the Ne szsmisssion : ~S expressly
waived BY tie defendant Now, was waived
No human bsieg reaSing sas.e aGndaviss car Ina
shc any such thing They show that the defendant
no, cry nsaed pom hearing, but thai the magistrate
kr " that be wanted . hearing. sworn to ~ Mr.
G.br.,sh sworn TO BY NJ Bennett and y Il sworn
70 y Nj Gannt HsAr what NJ Bennett and Mr.. GAunt
sG-
TAs. seDj.min aAbr.h then sad there in Ne pre-
~ "a he s q he fssss
ereau replied that the said not made Q b.
or oss going
o
o. s ne dSs sran sn s
he e that the dsfendaut to have
defendant would give bail
what does Mr. FlandreAu himself say In his afada,it,
used for The puoss Of vscAsns The orderf He says-
Jas the said Gabrah stated that they ready put in
bai, and wanted an examination.
New, should like 10 Known what moro complete evi-
Gan DO raid from these facts na. IN elimination was
waved! JUST Flsnarcac does not deny tho allegation
mede on the part Of these three gentlemen. ne
fer dAnt 20 90 with the bessiny before him Does
pcioe msgtraie Of the city OF York be
roi ms oYsg 70 70 On and bs exAmineH Vince he Gays
II want IN examination" not tsas IN oeeff no ap
pe:n there and does aI expressly waive A examination
y implication Mr. Flandreaa says he did not promise
that there would be uioaou but that he did tell
VIE he returned What that but an assent s, tasrs
vas such understanding tas.r psrts tho hing
WIN yss ..; s. .s. ss.. e e BE- 81;
before the Court without IN opportunity being
offered 70 The defendant 70 have . pre- aminary
in judicial proossdinss Jon DO thar lay would DO
moot unfair bsoau tho oosrs Of The law have misled
du = net gosg On with the examination then He was
bound BY law to do And you retain there papers you
iSDs Of yioiaes Of duty, on the psis Of com hitting
ma sste. an Indictment were found under suoh or
o. s: y
decided that indictment found By Gsad Jury afer
pasiy bad been brought before mAsstrste and was
willing 70 90 On with IN examination should not be allow
ed 70 remain on the records Of the Court.
The r. corder-whsre Il nas case reportsdi
pu biicasons Of the day ell endeAvor to asoer,an,
snd win send the MEMORANDUM 70 you 10 on
THIS princi pie, that wherever : preliminary eIamin..
ju tice the parties req lire that shall be had; and
for reasops-nr, u Of the highest consequence TO
goundless uplAins; secori, Ill important I, the
parties that shall be arrasnei indictment
found in secret, II that be avoided or th!s
no, the lace to 81, anything relation poi,y OF
Indictment BY Grand Jurcs although may be all wed 10
say ,s,, !. relic Of ho.s time. ana Of M. socl. order
Jury nothing 10 The world bat . means OF
prossc log the subject against the eDcroachment Of
the crown; and when that system IL re.sned In
publican Ameii II sut "a evderce n our provincial
imitation Ct sha, cores from the fa'heElsud. Lastly,
ar co before on V utterly fse In s iecis,. and such
tSe document you will not allow 10 remain on tne
or rds Of The Court here niss-
Where's Gordon Bennett. being charged betose
urSersisned police justice OF Darrell
Win meanor IN having tie ah q seO.,mbr pas
AID whereas he has ben brought before ss justice .
pprsu.o. sppssIiSs . bin Ina said s..
s.sp and ssrs ~. grGs.Os ssos. 2 ess,s
BY The justice he did thsreupon order the deieedsn
Thai 10 ~ false a. false can be- Yod know isl know
we all kn,w Is And viii ycu allow that reccgui-
sAnce, 9Th these fAhe Iecas 70 remain on he records
he CITY Jacge ddorcer that iAse paper 70 be sent
back 70 the from whtnoe Gamer 10 be taken n
vas waived, II should have rcoed the, the defendant
before the Justice and wal yod an examination, and
offered ball But say ioa, he Wa brought before hin
70 answer the charge, and that examination OF toe
whole matter he Jacsed that the offence was com.
nis.ed, and that ,be party was gulsy, ID TO As
and what the nsgs traie never could bavo In
Ter dcd 70 sssert. Now I have spoken perhaps too
rsp,ss shs.i .sid IN the ses,nnins that se motion l.
Important 70 me party and i'm orant - precedent The
dc'esdant bad Tgbt 70 eros examine Mr.. sokss, aud
had right 70 GROSS examine every Of his Witnesses
be had any, and right 10 produce his own Of high
pubns importance tha, these preliminary examinations
should be had that defendants may not be unusuy
charged and thai the time Of courts and jlres may be
saved Of far more inporsanoe 70 the public hal the
spectacle should not be seen again Ia New York OF
Judge oounefscng aisc mpnng 70 oouniersc the sc Of
another.
Decision reserved
The Cas- OF Mrs. Cunningham
SUPREME c0URr-0EHnRAL TERN.
Before Hon. Judges Michel, Roosevelt and Davies