The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-11-08
Court OF General Sessions.
Before Judge Rassell.


MOTION FOR A NEW TRIAL IN THE CASE or RICHARD
BARRY, THE SCHOOL COMMISSIONER.
Nov. 6-M the opening of tho Court this morning Mr.
Hall counsel for Richard Barry, School Commissioner
who, will be remembered, pleaded guilty to assault and
battery named Wcolf, and was scut to
the pcnitentiary for four months by Recorder
Burnard-in an elaborate argument moved for
trial, the grounA OF informally. The
Grand Jury brought in two indictments against Mr. Barry
for assault with intent to rob, and the other for
pie assault and battery Counsel stated that the defendant
pleaded guilty TO the Two Indictments when he ouy
teadcd to plead guilty to the charge of assault and battery
MIR Hall argued that the statute the indictment
null and void and he moved that the prisoner allowed
to rctract his plea and go to trial on the second ndct
ment.
Mr. Blunt, the District Attorney, in reply sad;-The
Grand Jury, IN presenting indictments, give no direc
tons as 10 the entering Of indictments; they are
entered by the clerk, and no precedence is
given to above another. The defendant is
entitled TO claim from the Court that the prosecuting OIL
shall make selection which OF the indictments he in
tends TO try This defendant after looking the mat
ter concluded that he would plead guilty to indct
ment and that the other should be discharged and all
this argument seems TO me TO be entirely misplaced The
sentence passed upon Mr. Barry ought not be nerfered
with, for this special Mr.. Barry person Of
note in this community tho eye Of the community
is upon this case and II does seem TO me would argue
very badly with regard TO the character Of criminal
Jurisprudence simple techncaltcs which courts of JUS
ce ought no, To give weight TO should be allowed TO
awarded TO him tor this conviction, upon deliberate
vcton OF guilt do hope that the administration Of jus
tee in our criminal courts vii! be conducted that all
these echnicaes and pleas growing out Of circumstances
similar TO such have been put before the Court
this occasion Will not he awaiting for the purpose Of pre-
venting the guilty from having the just punishment mctcd
10 them. II the punishment is too severe our
laws have provided that the Executive cemency be
appealed to, and am satisfied that though the Governor
Will not careessy ndscreety exercise his pferoga
tive, vet when proper case presented to him. that ne
will exercise as all Governors ought 70 exercise II with
due regard 10 the community and 10 the criminal hope
justice will be 80 administered that opinion may
have conntenence given to II that the law Is intend
cd 10 catch those who are not powerful and has elastic
meshes through which those Who are powerful can es-
cape
Judge Russell-The most important question to be de-
terminad is, has the Court power receive plea
indictment absolutely void By lawf
The District Attorney SAID that the clerk entered the
plea Of guilty on the only living Indictment, and that the
other was disposed OF by beng dismissed from the
consideration Of the Court.
Mr. Hall stated thai Of the why ne defended
the prisoner was, that he there predsposton
the part OF the public aud OF parties 10 to
this and tins man prosecuting no,orety which did
not belong "a Il; and in his humble way he always
very happy 10 stand up against anything Of that Kind Ia
behalf IL those who hunted but whether the priso
ncr be eady the pirate or whether he be very honest
PccksnG, he was entitled TO the rigid rules of law III his
case.
The prisoner brought court while the argumen,
pending He has been kept Ia the city prison
the Recorder passed SENTENCE and will remain there until
the CITY Judge renders his decision, which will be yiyen
next Saturday.
MOTION To QrASH THE INDICTMENTS AfNSr
CHARLES DEyLrS, CHARLES TURNER AND OTHERS.
BY previous agreement among counsel, to-day
down by the City Judge for hearing argument Of
sci for the defendants indicted for alleged conspiracy
dcfraud The public treasury, n quash the
dctments The accused parties ia attendance to-
eher with number Of city officials who interested
in the proceedings.
Counsel ior the accused said he moved 80 puash the
dicments against Charles Devln Charles Turner Enoch
Dean, James u. Smith and Peter ~ pryor and based his
argument number o points of inv, which he submit
ted TO his Honor.
Counsel for the prosecution replied by observing that
such rhetorical appeals he recognized by the Court had
just been made by the counsel Tor the deien,Dsshch
would have been IN better taste II made before jury
the the sanrtuarNs ~ justice closed the bet
ter n such appeals were constantly made upon every
trivial motion iha, might he made 10 relation 10 the find
ing Of indictments y the pleading in criminal case
tie the ssncuaries ~ justice closed the
better, because i seemed that NO one was to be
protected against the vices vf those who
thought proper ~ commit them Murder must
wax abroad Ut noonday violence must be pcrpc
tracd hy every every must be at liberty 20 do
Ius he peascs. Dor " Grand Jury should think pro
REF ndct for offence they denounced, they
had been by tho counsel when they APPEAR to defend
then clients Us violation cf every principle q right, aud
according their view should be the Grand Jury that
should take the place ~ the prisoner a the bar ant he
should emphscaly carry out the doctrine that the
cent should always suffer Tor the guilty When hS Honor
shoud reach the age of three years and ten he
would look hack 10 The administration Of criminal justice
departing neither 10 the rich, - the len administering
the law ihoGt fear favor. OF Influenced by passion.
counsel maintained that the defendants innocent
of the offence they would trial rather than avoid
IT, and Il uey mo ent " the charges a rcnsate
meni a their good state society b. follow their
aCauiiia rather than escape arising out of tchn
cality Counsel raid he would treat tho argument Of
counsel Tor the defendants demurrer 10 the To-
dlctutnt--a demurrer admitting the facts stated 10
~ true. In reply ~ objection. counsel stated
that all the counts OF the indictment had been framed
separate aud distinct counts showing separate and dis
uncl Offences. bot al af the class and grade The
principal objection raised by counsel ror the defendants
that the certificate Of ryot, ,hc surveyor not
forth IN the Indictment, that the Court could
that the Comptroller the street Commissioner mina
could or ought 20 have been deceived by 4 That Wis
matter q law, bnt II question II TACT for the
jury 10 determine.
tounse for the defendants replied, and the Judge
served bis decision
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