New-York daily tribune., 1857-10-06

Y
,tc Jsue- i>ou B. sueti ~ tirta.s or
c. rssgectioe HI sh vi ~
g ies 70 Their s.ijrSrs,irT."
ID he oa- q ms sruo' M G',S.n isds'ssi u p.s;,
r. oomPsied tic To 'bs uoGs,e' wife Set tsa se
tId every wto met it 70 Kill ~ ifth sec Of 'Hsac
.sf III G'shsm ishted with smie. thai f'ee nl''
ts,- te1neo With puH rsdsnee ~heu this Hbet ha'et
t the foaa tn. hst SIZE usht visit apou him the III
"a. rr of-r .-'rbutioa. When r.l aeroodci IN
& y TO ,Gs s tnp. 70. 81 T,o TO S,t . Sod
D. testt gwen tithsS Benu' Of ss eeGyr
ner ber cf,e prss prosecution of him ,ic 'G Of
II. p.s M, Graham olocd With cio'e rsrse between
rrrupt punt hueut VISITED upon Aes nsn or h oeene
prips srd toesrce hbeo granted TO TIE Had the
riead sni deuoSnug sheet that ever seoustd h" or
fbe s5sriis hih we give below cOnuecsed with the shove
City o-S foa1fy qf Mo- YORK m-J.mes Fsnawsl Of
d. ;s e bsD5 esy fen ,s as be be sei Saf
rste IN The 'I= Of 'he rccosnance q me W
5 the sS'..e ct S Se R1ss seniss ), M coan. es
Gslhrsh sd b. bell james Grant That oe sad oaaofah
na,icn rba DIS replied that be could take 'sl
subec, examination but that be would take the usual es
sad sy the Justice D,vsop who isued the war
r.nt That tbs depoueut presumed be would give eSsmaa
ter but that this dPOneut could 10. pr mise tor him saG sa
the part depouen tie said de.feudst should
Ss es a thu Se 70 S5 With % .ns h this
drP.nsn seto[s s PSt'ss % &c bali jas caAn
On dad co"gr q N.r Yo,k. John seaswist Of the
Assistant, pet A;,oTney e. the City and Comfy Of New
ssurdsy the inst that the business Of the Court
that dsy through this dspon nj pooeed
10 dspose that % believed Mr. GSratS hsi
gore Mt Whiting to make motion; that wnsn MI Watt
the pspers on fe With the Clerk Of the Court connected
with h. coy Paint to 'sn'f g. ee s oee ~ M the PURPOSE
Of preliminary examination to TOE dseuasn. tAs,
Atone sa sta d h. d notion or make
the knoSedse Information and belief OF deponcnt
to about to made until commenced as storrssd
this dpoItn stated the facts to the Court that he Knew
time 70 Oes into the nse f the OF & pep1Us & ona
asa s1as LIN fully to The IS % Of or ins t" Above r
considerable discussion made BY tho CouIt spncwIcK
Sworn before me- Sep, So orvoo,, sS'; c.,, o, sc.o0,
The following synopsis Of Mr. Grshsns argument which
occupied the Court about two aud halt hours
the a OF al Se % s. G mU1ea ana By ons e
proceeding such to affect the interests OF the oth
require and take that notice OF the motion shall be AID
In the present. case the presumption Of law aud tha.
wa. Ses"ia snd in due course duty Tn; law way.
in I fever OF S IaOT The VsS deHds h
Judge Russell this presumpon ana the
prosecution should have notice that they could have
The people as proseca.Ors Sardns the complain.
through regular organs The aagrsyaed character Of the
libel den snded Il Judge Russell nsteed looking upon the
matter in this light hwHted ne prosecution g..
relief by way of motion to require to to do So IS soon as
practicable after the discovery OF the cts supposed ID euo
Judge Rnl did not require the defendant bring himself
h. the las. moment just "a the Court "" ending ITS
xienc for the term The apParen, sche' OF the daead.n'
should have been excused bigfdEft6Ts, n0H dof""HioH
II ia bs unfrui rule n all cous where application s
him with view hen thc good faith OF The sppiea
ton spd showing tba, not made 70 delay the prosecuting
good al Aatious and that he mas de'cu'o
Russell did not requi-e upon these points
a n Sa 1:' a oSo SS8 s. not IN Ii.
Is also rule commonly observed all Courts to act
cSn BE- sascted prradicsy unless before
Court p.y asking its Intervention would be otre'
Can Judse Russell thi. whs: prejudice c,at sH..
b, stna the degads1s apply 70 t me learned udse who
preside q. The defendant could not have been IN
ted until term for his rccoguan,e reurnabe at this
nn ard unless be doubted tie piaucy the Court
be could have otbo motive for his course
it will charge of .heinests OF an absIt party % parry
surprised when on sppe " made 70 ~ S NO inter-
ess to take Of e, ALL ~
Tho foregoing points made premnsry. They are f..
maro lswyesr are praetced upon dsy oJ oar I1ui'
in III bearing motons-an need not tue estn oi
ny Cour. should dare to sampe upon or desad e'e
An unconscious and ckaensns
the ateuton OF toe Court this is stated IN the am
dsvt Of the learned Assistant District Attorney Oa the DAY
Judge Busse heard the defendants application when that
supposed tina. all the bushes. before the 1our, ws
fsct puipose having the Court duly sour,sd ylsse
Russell 10 hs ufp' inoifa ann oon @1. 'HF How aid Jadse
Russell know h. m The Po'eGis Ss e 0nSts msf h the
p.rt Of the prosecution, ve say demands very satisfactory
ocn the merits Of the present noon following points
TH Conf had no uri,dcou OF the complaint Of the sub
zee. thoIoo Of the Of the defendant ~ tno
the rule order in qucsi ion "a' msde uteeHs 'c
Clerk Of this send back the pspcrs filed with hm 70
The statute required the magistrate 70 return the P,pSSt' p
Ah Ed ge2 8g3 e a. % - The next court In TINS case
sss the now organized Where compnt o'sn,es 10
police court this COu have iusdiction until thc
paper. certified to by the magistEa as tne statute CO
oabsI hand the compliant with the Gr,na Jay
jurisdiction OF this Court for every active purpose begins with
tte finding Of the Indictment.
denied tbs. this Court has judiction its files.
and the officer charge thereof but that uii'don "a ta
did 70, gnt % PrG;n' IT, OVEN yS5H Cei ~ h.
no jurisdiction Police Justices eIcep. ss spta.
respects Police Coursmade Courts BY the Code Of Pro,
oeduee e.iOp subdivision lsIs Psciy inaspgrass. %
fly Therefore 10 tend papers back 70 the Police ohc
unless the vas bound TO ooey tne OraDt 30 & the
naguts bound obey The latter had the zht as matter
Of law to Judge tho effect othe reeosnsnce upon the Dr.
Suppose the refuses to proceed with the
and sis ccu i right .uppo'ns that he s bound 5 toSn
his Court compel him it punh him, In his REFUSAL a.
for contempt 49,, go. control Police Courts except as
he SUprsmc Coar.-hat great supervising tribunal
which by virtue Of i.s perosat'e powers o0n0 anu
'nJ Re no. being able to imposes duty upon the mas
OF imposed by the s'a,utf, the
bs sronnd The usiate does not ask 10 hsve the papers
- onnn, and sent back the defendant seeks
10 ,rppei him 70 take them back
Tho s,t. having cent .se complaint and recognzsnce 10
tb Court and filed the with the CLERK shows tn ns l
ps,ed upon fhs effect Of the ieendsDts me-
that the defendant had thereby waved tue P
rp.ry hearnz This Court cannot review L judgment e
"a. not bound certify these pspers to she Court before
So A., Of s ,na present but be could do 90
sooner II he although effect would sttaeh 70 o
,n,iI The tine prescribed by the statute tn "a ~
S9s IL merely electns 10 make the CIefk p! III ~
iu.tesd OF the C,erk Of the Police Court tae " e
of
ststute- Tps.ice 81 andysanl
The magistrate who took the rec9gniLancs ,S dS,