New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-11

ard their viii Steves and ehrss
d.,oy foundation Of crune charge or comphh'
BE- directed =: the .sd Robert CoA1 wh,eVer else ay
yoIr petitioner IN share or ca.ody requiring 70.
tS"ip to be sseceed 20 'ha :hsn AID
:. cen!rrsd D'snns yosr % p sTd 1 11e
requiring him certify fully and q; large the day and s.s o.
yoy Roas M .s wA al as o. yca1 p
toner's mprisonmen; and the true case thereof
And your petitioner will ever pray JOHN " LAWYER
The COPY Of the commitment marked A, reierreo
10 in the above !. ANNEXED 70 the petition, ard ss,s
forth that M LAWYER mad been he'd 20 bail 10 inc
sum Of s. co., by PoceJusiice Fland'esu, TO ahs"e'
.. the General Sessions tire charge of emoezzlemet'
and that he rad been this day surrendered oy Dis
sureties
Az . o'clock. Mr.. Colfs1 appeared before Judge
Russell, having M LAWYER in his custody.
Distric,. Attorney Hall, on behalf of the People
| read the following return TO the wit;
RrTuRs OF Mr.. COLLAR.
, IN mi. writ corpus thai hold and DEAN
the pr.r by virtue commitment hereto annexed AID
in ny nsPSs f and wn. .ped With hi. % ar
that patrol policeman desIee whe5et the a,o ,
and By S ss%d The SosERT coiAx
The commitment above referred to, attached 10 the
return 10 the original commitment issued by Police
| Justice Dawson.
lodge Fsnd1esu city and the papers this c,
CLERK of The Cour. Of Sessions. WIN. DAWSON
Neu York. Sept TO- 1857 Police Jns.ice'
Mr. Graham, counsel for the petitioner, argued ths'
Mr.. LAWYER was detained withou: shadow of reason.
The evidence taken before Justice Flandreau did not
warrant the commitment. He had subpGnaed several
witnesses who had been examined in the original pro-
ceedpg, and he would cross- anime them with
a view of showing that the DISPOSITIONS made by them
were mere conclusions and supported by any par
cular knowledge Of the facts OF the He would
show that they knew nothing specific about il. For
this purpose Mr.. Charles Rogers called and sworn
MI Graham read Mr.. ROgerss previous testimony 10
the latter, and briefly cross-examined him. Az the
conclusion of the cros,-examinaton, Mr.. Graham
stated that be wished to cross.examine another wit.
ness Mr. Elias E. Ballou, but as he not present.
it would have to be postponed till another day Mr..
Graham said that the testimony he elected from Mr..
Rogers was sufficient to convince the Judge that Mr..
RS deposition before the Police Justice made up
of conclusions alone.
Judge Russell said the only questions that he should
attempt TO consider as bearing upon the matter were
whether the money was in the possession of Mr..
Lawler after had been in the drawer and 1t could
be identified such, whether he had intercepted it.
If the evidence would show the former to be the case
be had no discretion but to discharge the prisoner on
the ground of nformahty Of the commitments; for it
would be larceny. II it should be proved that Mr.
Lawler bad intercepted the money, he could not die
charge him. He had examined the question thoroughly
and was convinced that his position was right.
Mr. Harrington, counsel for Mr.. Treadwen, disa-
greed with the Judge. He could satisfactorily prove
all the charges which had been made against Mr..
LAWYER and prepared to do so.
The Judge here adjourned the over until to-day
at u O'Clock, when another witness will be examined.
In the mean time Mr. Lawler will remain in the Gus
tody of Mr.. Cclfax, the officer.
IMPROVEMENTS IN THE FOURTH AvEsrE.-Since
the removal Of the New Haven Railroad Depot from
Canal street to Twenty-seventh street and Fouith
avenue, visible improvement has taken place IN that
neighborhood. The traffic has very much increased
and active preparations are being made for the con-
venience of travellers. Corner groceries are disap-
pearing and humble tenements giving place to
spacious hotels so tina. the whole character Of
the district will have been changed, and uuques-
tionably for the better.
Observation-Disclosures BOeman, charged in
Tuesdays TRIBUNE with stealing watch At the
Quarantine some time ago. is from the fifteenth Pre-
cinot instead Of the Tenth, was inadvertently
stated.
THE CASE OF JOHN SMITH.--Yo sterday afternoon,
Mr. John McKeon the United States Distic.-Attor-
new received on official communication from Attorney
General Black stating that John Smiths sentence had
been conmutcd to teven years imprisonment in the
Penitentiary.
TIE RECENT FATAL Ruy-OvER OCCURRENCE THE
RESULT OF REcKLEssNEss AND DRIvISG VICIOUS
HORSE Coroner Hills held inquest upon the body
of Charles Held, the boy who was killed on Wednes.
day last, the corner of Ninth avenue on Fy.third
| street, by being over by horse and wagon
driven by Martin Doscher, German lad, as reported
in yesterday TRIBUNE. The fatal affair, will be
seen by the evidence taken before the Coroner,
found below was the result of reckless driving on the
part of the boy Doscher, and the vicious and unman
sgesble horse he had in charge. The horse occs ion
ally would get the sulks and away, which made it
very unsafe for an inexperienced boy like Doscher to
use him at all.
Cstharine Held residing at No. 629 Ninth avenue,
being duly sworn depo"s and ssys-The deceased Wa:
shd TINS se| So % ,ds o S ons.
the driver unoadd the hay and while rolling into the store
my boy 70 get out my boy could do the driver
jumped and started his horse boy time was holding
on trot ms boy go hold and fell the ground aud
the r. run him re-. ss ss1 @ s s.so s
whether the driver made effort 20 stop bis horse OF not
Hannah Dorey, residing in Fhty;third street, be.
tween Ninth and Tenth being daily depo.es
and ssy-The Of the that the de.
holding the by the whee after the horse had
started the horse do not know whether the
driver making stop the horse not deceased
think the box between the two wheels
night the the deceased fell as The front wheel
went into gutter and the hind whe~ over
the bead and thigh Of the deceased.
Benjamin Bruder residing in Fifty third street, be-
ing duly ssys- did the accident happen have
known the horse for the horse and
ugly vicious animal bsve the horse with this
driver Martin Doscbe the Of the horse has told
He