New-York daily tribune., 1858-11-05
LAW LNI,ELLIGENCE
THE FIFTY-sECOND STREET FRAUD.

THE INDICTMENTS AGAINST TiIE MAYOR AMI
COMMON COUNCIL or 1S57-EXMAYOR
WOODS SPEECH.
COURT OF OYER AND TERMiNER-Nov. f-Before
Judge BALcou.
In anticipation that Fernando Wood the members
n the Common Council of 1851 and other parties re-
Gently indicted by the Grand Jury of this Court, would
be araigned TO plead this morning, the Court room
was densey crowded with persons interested and spec
iators.
The Clerk called the nance OF the parties indicted
in the matter of the Ffty-secend street contract and
Assessment fraud
Mr.. John Graham said he appeared for Dooley
Oakley, Mcneil and Turner.
The District Attorney said The indictments were for
conspiracy 10 deraud the cityout of the of 600
in regulating a street. He thought Mcneil, Oakley
spd odo dDoos the % Should oo be aed 70 to ps i'm IN
parties at this term of the Court seeing resson for
delay.
Mr.. Graham said he proposed to try them first on
motion 10 quash the Indictment.
The parties were directed to give bail in the sums
named, and the matter was postponed till next week,
Mr.. Graham giving notice to the District-Attorney
that he would move on Wednesday to quash the in
dictments.
ARRAIGNNEsr OF EX-MAYOR WOOD AND OTHERS.
Dis.rict-Attorney Blunt next asked that Fernando
Wood, and Others indicted with him, be anaigned.
The Clerk-Fernando Wood.
Mr.. Wood-Here.
The Clerk-JOhn Clancy.
Mr.. Blnnt-lt is not necessary to go through the
whole. In relation TO this indictment, i should be
Wiling to take the recognZance of each of the pa
hes-their own recognlzances-in the sum OF soOo
each.
Mr.. Grahain-Tha is fair enough. Nobody will OBJ
.jeot TO that.
SPEECH OF MAYOR WOOD.
ExMayor Wood then addressed the Court as fol-
lOws:-"h If your Honor please, am quite prepared
to dispose of this matter go far as am personally
concerned at once. am very desirous of having this
indictment brought to trial and disposed of soon as
possible. think, Sir shall be able to show that
The act for which have been indicted, can be sus-
tained by aw and by precedent that was an act OF
prepared fOr trial at any time.
The following is a copy'of speech which the Ex-
Mayor had in his pocket:
" IL your Honor please, i am informed that the
Grand Inquest has presented to this Court hl oi IN
dicment against me for approving, while Mayor OF
this city, an ordinance of the Common Council for
granting lease to the Roman Catholic Orphan Asy-
lum of certain lands then in use by that institution as
site for its building l demand an immediate trial
As the act for which am thus publicly censured was
among the best performed by me while was Mayor,
for the public good, am desirous that the District
Attorney, under whose advice, am told the bill has
been found, may have an opportunity to assall that
act OF mine.
al am now ready for trial, and shall show to your
Honor and to the public that the lease not only in
strict conformity with law and precedent, but that it
is 6efensbe on the ground of public economy and
Justice and in reality liable to objection except that
which bigotry and fanatcism always discover in any
act of hberay justice to The followers of the Ro
man Catholic faith. As in this country the theory of
onr institutions prescrbes religious tolerance, and
that principle the courts of law and equity
well as the halls OF government am ANXIOUS that
this first attempt to prostitute them for so base and
also for 50 dangerous purpose may be met and put
down az the earliest moment.
Mr. Graham-I represent some Of the parties here
and If there other counsel representing others,
-can confer and agsee upon day for trial.
Mr. Blunt said he did not think it would take any
time; il could be disposed of in one forenoon.
r Mr. Graham-lt II simple question whether ma
,ority Of legislative body be indicted for a
sPiracy they can, great feature OF our government
IL stricken down.
Mr.. Blunt remarked that it involved another ques-
tion-as to the right Of maortes to violate the law.
Judge Cowles-I appear not for the dead who are
indicted but for Of the living. IL is question,
also whether q man can be indicted who was not
present and did not vote.
Judge Balloon remarked that, far as the dead
concerned, the matter might be disposed of now.
E1-Judge Dean said he appeared for some OF the de-
fendan,s and he thought the case would not occupy
a~o hours time. X wholly ridiculous.
Judge Balcom-Ifit is by common consent the trial
may 20 on tomorrow; otherwise il may 60 over.
ExJudge Dean-We are ready ON five minutes no.
GSe.
Hr. Blunt-We are ready this moment.
M. GrGham-l am almost afraid to confer w,'h
other counsel on this subject for fear we may DC IN
M Blunt observed, that if counsel thought the mat
fer might be so easily disposed of they might consent
to a trial tomorrow. -
After some further conversation, the Judge said the
case might 90 over tn next week. Mr. Graham sug. !
ees.ed Wednesday next TO which the other counsel |
1ssepted.
The parties then went before Judge Irgraham and
csye their own ,cognzances in the sum Of $500 EACH
,rpsy nAIcoM on REPORTERS, RUsoRs, ASD JUDGE !
EUssEI.
Goer TIE matter Of the indictments had been disposed
Of, Judge Balloon said
NY attention has been called to ramor which has |
tnpd rs say into the newspapers, that Judge OF this
Court had been indicted. The Grand jury has been
S,e, AIRED and as am informed, no such Indictment
las No. n,e.ented | suggest TO the reporters thst
they ouch, 10 be very careful snd roy allow rnoIs N
-, AZ f,. tL,. Wy l-iV lie LeW-pAl"i'i i'f I