The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-17
Court OF General Sessions.
nocora IInp Ipira pncuaIi

MOTION TO APPOINT SPECIAL DISTRICT ATTORNEY
TO TRY AN INDICTMENT AGAINST A WALL STREET
FIRM FOR AN ALLEGED FRAUDULENT ISSUE OF
sToCK-DisTRICT ATTORNEY HALL DEFENDS HIM
SELF, AND MOVES FOR THE ARREST OF COUNSEL AND
HIS CLIENTS FOR AN ATTEMPT TO COMPOUND A
FELoNY-HIGHwAY ROBBERY, ETC, ETC.
Nov. 16.-When the City Judge took his seat upon the
bench this morning, Mr.. +. W. Fennio said he rose TO
for the appointment Of special District Attorney
TO prosecute indictment found the September
OF the General Sessions against the firm OF Lppincott
Roberts, No Wall street for alleged fraudulent
Of stock in Pennsylvania coal company under the
utc of 1865. The District Attorney and the counsel for
the other side served with notice Of the motion
Mr.. Fcnno then read the affidavit Of himself and of r.
W Rnshmore, setting forth the facts OF the case also
copy q the recognzance that the District Attorney took
wi,hou, notice of the counsel for the complainant That
recognzance drawn very artistcaly and with great
credit to the talents Of the District Attorney, and Mr..
Fenno affirmed that il void far Mr.. Roberts
concerned and that District Attorney Hall had departed
somewhat from the rule relation justification He only
compelled Robert j. Reed to swear that he worth
81 COO Counsel insisted that there had been such ndc
renee and such lack Of vgor upon the part of the pre-
District Attorney of New York in the prosecution OF
this indictment, that he wns unworthy 10 fulfil the
trust far his Office concerned He insisted that as
that the FIRST trial of indictment under the law Of
1855 for the punishment Of Of the that had pro
duced some Of the bad results the community
laborng under namely, the swndlng operation Of pro
throughout the market-that facts and testimony
which counsel verify believed the District Attorney knew
unmpeachable, and before his eyes recording evi
dcnce that could be disputed by Of the earned
gentlemen of the Tombs where he could produce straw.
heeed witnesses for The purpose OF dspung them, and
after all leave this indictment untred where the punish
men was - 900 and no, less than three than
seven Imprisonment, receiving bail OF 81 600 and
wording the rccogniZance that OF the defendants
was not liable unfit TO conduct the prosecution
Mr. Fcnno denied the right of the District Attorney TO
draw recognizances he chose-n was high time, he
n a
kind, especially when he was rampant upon other mat
tiers. often requiring 5000 and $4,000 ball and insisting
upon imprisonment in baby case. In conclusion, the
speaker named Mr. Cutler Field, OF No. Nc Wall street,
who was a gentleman OF moral standing and intelligence
and Of the stripe in politics Mr.. Hall as being
~ person to act District Attorney IN the
trial Of that Indictment Counsel understood that Mr.
roscd that there would be no objection on that ground
and he hoped that the District Attorney would have OBJ
lection TO being relieved OF some Of the duties at the
close Of his Official career which doubtless crowdng
upon bis attention
rHF DISTRICT ATTORNEY pEFrSps HIMSELF
District Attorney Hall replied. lie said that he should
say he extremely obliged TO the gentlemen for bring
ing this motion 10 the notice q the Court he would be
pressing very weakly his feelings OF qualification the
subject AZ he (Mr. Hal) retiring from office, not
the least plcasurabe 81 his remembrances would be that
II had been his proud and responsible prerogatve time
New York and prosecute persons for extor,ns money
This OF those cases his Honor would find.
Some time In the month of August he uhe District Ator
ney) received a letter from most csnablc citizen, w.
NJ Schen, whom he had the fortune 10 know, who gave
him letter of introduction 10 Mr. Rushmorc, the com
planan, this and the client Of The learned gentle
who had first addressed the Court lie requested
the District Attorney 10 bring the before the Grand
Jury under the law OF 1855 lie examined the papers,
and finding that there apparent case, sent the
papers the Grand Jury That body cxpressedto him
doubt upon the facts Of the whether they we're su
cent but upon further examination OF the matter he
satisfied that II should be investigated. Accordingly
nm indictment was found, but the parties not
ed yet Mr. Rusbmore called upon him about II. There
was n statute which said that the District Attorney
not to disclose the fact of indictment being found until
after tho party arrested II became the duty Of the
prosecuting officer 10 inquire who Lppncott and Roberts
were and ON looking the directory he found both of
their there, and on sending an officer was dis
covered that they concerned In business, although
one temporarily absent from the city that up
10 that time they had borne rreproachabe character
ms merchants When the learned counsel called 10 get
requiston the Governor Of Pennsf vana where
Of the pars staying, Mr. Hall declined to consent TO
that proposition Considerable language then passed be
was accustomed addressed In insoent terms every
day he did not notice IT, would he on the present occa
sion Subsequently Mr.. Walker Fowler, brother OF our
Postmaster the District Attorney and asked any
such Indictment had been found, when be told
him " such an indictment had been presented
he could not tell him. Mr.. Fowler replied that
there was no necessity ~ being delicate about tho
subject for the compartments attorney bad called
upon him and told Inn that an Indictment was found ana
certain propositions Of pecunary settlement were maze.
The District Attorney observed 10 Mr. Fowler that ne
had been made acquainted with the fact the statute had
been violated by counsel The next day the District AT
torney called his Honors office, ne the defendants
wished 10 give bail hut he out az town. He then
proceeded the Recorders Office and bail was given be-
fore him n there was any technical omission In the re-
si'al Of the recogn~nee.a WA q clerical sH0r, Which