New-York daily tribune., 1858-11-13
La " LNTELLIGENCE
COURT or OYER AND TEenlNrR-Ncv. Il. .s.sr,

Judge MvILsS "
TIE People AZ. Fernando Wood .tA
Ihis morning Mr. Blunt msde a brief argument ia
opIosition 10 the motion to 1nash. He raid thss
cd, rs had been made TO preindice the case evea
before tie indictment was found, The Satanic press
had Joined IN the hue and cry ard he regretted that
soue Of tie papers of which he had expected better
things, had joined IN.
The Democratic Committee had denounced the
prosecuting attorney by name. Re then condemned
tie course Of the press in making premature ststc-
meDts, saying that in the famous Burde Baby case.
il Was toand mpraotoable To obtsin impartial jury
III this county yet. the affidavit of Ali. Bcce, which
WAS read in Court yesterday wa, published in The
EreRiFg Post the day before the mosion WAS brought
ou. The public prosecutor did not deem it necessary
appeal for justice through tue pubho pa ,ers but he
would suggest to the editors tire evil Of publ shing
mstier which tended TO prejudice in the pubic
mind He did no. mind newspaper pell,ts. He woslA
stand upon his Own convictions of right, justice aad
duty.
lie then delivered an eloquent ergument on the
mt ton to guash.
The following are Mr. B!unts points in behalf Of tho
People:
les.ei or sold unless Il should b. si,rItsed b. s,d public
the highest BIDDER ho should s' ,seaSst. security
forth ir the indtmcnt passed hy defendants with
That hc se .ron sa that any lease should BE- ,vcs
by n defendants for longer period than ten year'
City Government who ,hsil violate evse any Of the
Pro',oI' Of the charter should BE- guilty Of 'ds ne.or"
The Of tire lease the property
violation of the charter the Ccort shs hold thst
II the II solution did not amount TO Lease only
ward accomplishing tac execution VI one, tacI ws
passed In evasion OF tie act
TIE question of violation h mixed question OF law ana
fac: The question evasion question purely for the jury,
Of the Court ay dow lot them
The powers OF the Common Council divided ns assr
legsse touching the Police Of the city which 10
upon the Boards Of Aldermen and the Councmen he
pow conferred upon the heads Of the respective
Departments
BE- given. sale made except BY the jont
scts Of the esiS.tiNe and executive department
either officer of the City Government whice
at eNhsusts all his and such act wfuy done ana
violates eysdes the provisions Of The charter, isds-
m TIE resolution complained Of intended to create eatse
Ia the land by lease subject TO be- determined s the
vii, Of the le.see perpetual corporation created oJ
cubic &C, and capable Of holding real estate.
u Intended 20 be grant, bet lease ana lesss
In perptuy party paying annual rent 70
the CITY and such lease that b" lease fof uos
than ten all intended 20 be- gtven with
he suction provided oy the Shsof
The be couuIt II Il enough 10 charge the act
b. wlnl intentional act s~il Que ~hn tne mean
ing of the statute.
H. The first the efnd,ts with conspiracy 70
msdeu attending s overt acts the passage -
tho resolution.
MS Tie charges the ore 70 consist In pAAsnG
the resolution without complying with tn requirements OF tns
I6 Tbe. Of the defendant. not the exercise Of sny
rosl power II attempt % dispose OF the corporate
property, violation Of the statute OF 1871 >.
Mr. Graham, for the defendants, replied. lie made
powerful argument, pointing out the defects In the
Indictment aud cou,enang ths the acts Of the defend
apts were not subject for indictment.
At the conclusion Of his remarks the Court ad-
journed till Monday morning, when Judge Mullen viii
IeLder his decision.