The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-17

him from prosecuting the indictment Tho LEANED go
greater energy collect debt through the Cour, OF -
sons The district Attorney had previously received -
case he desired Mr. Cram who was counsel for The 49,
dants TO make statement OF the proposed settlement
Mr.. Henry A. Cram proceeded to give detailed state
ment Of the circumstances of the On the cd a
October Mr. Fcnnio called upon him, saying that ks
referred to him by the speakers client, Mr.
ound for issuing stock without authority for an
issue Of fraudulent stock; that he Fenno) had
QUESTION from the Governor OF the State Of New York
take Mr.. Iippincou from Pennsylvania, whore he ha1
gone and bring him back to New York. and that he haA
called TO right his clients in the matter who had suffered
from these parties. On the oath second meeting was
held in the Grard House where there general talk
on the matter On the Goth counsel and his clients called
on the District Attorney and said that they had learned
Indictment had been found, and they were ready .
give bail On the 9th bail given and Mr. Fowler IN
formed Mr. Fennio OF the fact who again wanted to have
the matter settled and furnished written proposition az
settlement Counsel observed that such propositions
when submitted respectable firm were the properT
Of the public and he would hand them to the representa-
ves OF the press The proposition made to discharge
Lppncott Roberts was the acceptance of SIS 900 for
claim which amounted in round numbers over s. OO0
Mr. Fennio, in his communication said that the only wiz
against Lippincot Roberts one individual whs
the proposed terms further proceedings would be dscou
tinued Mr. Fenno called again subsequent occa-
counsel received the last written communication from Mr.
Fenno. An answer sent to him in writing declining
to entertain his proposition and on the day the dis
tinguishcd legal ability of the gentleman who made his
first appearance in criminal prosecution having failed
this natter his client took up to if he could do any
better, and wrote a letter desiring settealent
Counsel said that he had marked only one course Il
action in this His clients ready for trial. and
wished the District Attorney dispose Of it at as carly
day possible He did not there TO take any pro
ceedngs against the learned gentlemen, but simply \
discharge his duty to his clients
District Attorney Hall said that he would not oppose thA
motion to appoint special District Attorney conduo
this case but named instead Of Mr. Field the gcntlemaa
charge the duties of District Attorney the next thre
| years-Sr sweeny He lMr HALL had another motios
to make in accordance with statute to prevent the
pounding Of felony, which was that his Honor, -
Judge OF the Court should send the papers which had
been exhibited before him before the present Granl
Jury, in order that his Honor and the Grand Inquest
might set an example TO certain class of the COM
muny Since parties had the hardhood only attempt
the collection OF private debt by the process Of the
people, by means of prostitung and suborning the
peoples process Ito wit the Governors requson) By
means OF overt acts in writing propositions Of pecunary
settlement to make such arrangement they should be
made an example of which might DO felt throughout the
commercial community hereafter that they might know
however other judges may have acted that his Honor
was not one OF the men who would allow the process q
his court to be prostitued On the written admissions o
Mr. Fenno and his client appeared ncontrovcrtbe thai
an attempt had been made to settle this debt without the
knowledge Of the people, and TO the process Of tho
Court of Sessions in doing The District Attorney asked
that these parties might be dealt with according law for
compromising felony, and that his Honor, sitting as
magistrate order him to find bail upon the charge which
| he in his official capacity then made.
| Mr. Fennio (warmlyl-l am ready to give bail now,
had been made to his motion appoint special District
Attorney. When these proceedings were first brought
before Mr. Hall he (Mr. IL said that Lppncott and R0
bers were gentlemen Of high standing, and declined -
take any proceedings against them TO compel them
into the State of New York prosecute this ndt
ment. Mr.. Fennio said that he would defend himself
against the nsduous ISLANDERS Of these consprators vine
were opposing the trial of this indictment
Judge Russell requested counsel to refrain from
/ sonalities.
Mr. Fcnnio (contnuing)-I am saying to this audience
that the District Attorney just as capable Of receiving
money from some individuals for the purpose putting
Off this Indictment he is to stand up and SANDER
bers OF the profession against whom he knows nothing
| dishonorabe.
Judge Russell (nerposng)-I will not permit such a.
lacks 70 be made upon any officer Of this Court
Mr. Fenno apoogscd for induging in that train OF
mark and resumed his speech In relation TO this irn
of Crane, Fowler and Cornell, said Mr.. r. ronical
Of cause for saying that they belong to the pub
lie The only answer lean make to HETEROGENEOUS
which the gentlemen have taken towards clients and
member OF the profession is If you have gained any
glory by it, keep it, Every lineament Of your face (ad-
dressing Mr. Craml betrays the perhdy Of your soul
Judge Russel-You will address anything you have -
say the Court II my province to select District
Attorney and there no need of you talking further
that point
! The District Attorney remarked that there were q
hundred cases mouth of this nature that to
the public ear, and the thanks OF the community were
due 10 Mr. Cram for acquantng the public with this
Judge Russell said that he would take the papers
both sides and render his decision in the morning.
The regular business Of the Court then commenced
BURGLARY.
VIM Burke pleaded guilty to burglary in the third de-
gree ana was sentenced TO the state prison FOR four
and eleven months The Grand Jury also indicted Burke
for an assault upon an officer
| GRAND LARCENY.
Jesse Allen was tried and convicted OF grand larceny
| stealing gold watch and chain worth $50 from Mr.
suke and sent TO the State prison for four years and
eight months.
John Kelly pleaded guilty to attempt at grand lar
ccny and was sent To the pentcnary for two years.
| HIGHWAY ROBBERY
| James McQuinney, jointly indicted with William Brows
was placed on trial charged with highway robbery.
John Frankworth, French cook shpboard testified
that the 10th Of October be was paid of and went To
an exchange Office In South street TO get gold for bills
given him by the captain and saw Brown outside the
door and recognized him the ferry boat while he
crossing 10 Brooklyn. In the evening he Qrankworth)
returned TO New York and attended the Chatham street.
theatre and while returning home about IL o'clock he
garrotcd and robbed OF $50 by the prisoner and
Brown, Oniccr Wilson, whose beat IL the Five Points,
and after dhgcnt search discovered the prisoners who
were instantly identified by Mr. Frankworth the parties
who robbed him Margaret Gilmore called FOR tho
defence and sworc that the night Of the alleged robbery
McQninney was IN her house from Till O'Clock, but
the jury did not believe her story and after consulting
/ for few moments rendered a verdict OF guilty.
Judge Russell, IN passing sentence observed that Nc
Quincy guilty Of Of the highest crimes known
the law and that his previous character such
warrant no leniency on the part G the Court He
fenced him TO fourteen and six months Imprisonment
i In the state prison.
joseph Hacket and Francis Polopcter two boys each
about seventeen years old, indicted for the
fourth degree They pleaded guilty attempt arson
in the fourth degree, and sentenced TO twelve
months penitentisry each.
| James N. Greene pleaded guilty 10 obtaining money
| from the Broadway Bank on p false check As he had
been four months IN Imprisonment the Court suspended
sentence, with the understanding that again brought up
4 he would be sent TO state prison.
Timothy Dolan pleaded guilty 10 attempt nj grand
larceny, and was sent 10 the State prison for year
| THE GREENWICH STREET MURDER.
| The Grand Jury have found an indictment against
s Maurice oConnel, James James Toole,
Cor the murder Of Teresa spitzen in the First yard