The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-28
The Malicious Indictments Against
Judge Russell.
THE AFFAIR OF THE ACADEMY OF MUSIC.
The Right Of Managers of Theatres to
Exclude the Unruly.
Motion and Arguments to Quash
the Indictments.
CRIMINAL "REMINISCENCES.
Arguments Of Messrs. 4. Oakley Hall and
Charles O'Conor In Favor Of tho
Motion, and Of Mr.. James
b. Whiting Against II,
10, &C., 10.

Melton, and Of Mr.. James
B. Whiting Against It,
Court Of ssssions- General Term.
Before Recorder Barnard.
SATURDAY, June 20, 1885,
After the usual morning business Of the court-xaus-
acted partly by Judge Russell and partly by Recorder
Barnardn sentencing the petty culpris convicted before
them respectively, the motion to quash the indictments
found by the late Grand Jury against Judge Russell several
ocers Of his court and Mr. Uman Manager of the Acs-
DENY OF Music, was called up the Bench being the time
occupied by Recorder Barnard alone. Mr. Whiting I'D.
pesred by consent Of the Asastan. District Attorney NJ
Sedgwck, on behalf OF the prosecutor Mr. Wilkes who
occupied seat within the rallied space set apart for the
clerk and prosecuting officer Of the court and Messrs A.
oakey Hall and Chas. OConor appeared behalf Of
Judge Russell The court remained pretty considerably
crowded. and great deal Of interest appeared 10 be ma
infested the proceedings which were certainly novel;
the ndctmentofa Judge his court being something
that Ia not often witnessed.
THE INDICTMENTS.
The Indictments, TO quash which was the object OF The
present motion, found by the last Grand Jury and
were in terms as foows-
GUY and County Of New Fork, a-The Jurors Of ths
of the State Of New York. in and the body Of
the city and county OF New York. upon their oath pre-
sensThat Abraham Russell, late Of the First ward OF
the city Of New York In the county Of New York afore-
s. Mahsy late Of the same place William s. Allen late OF
the same place. William Joyce, late OF the same place.
ply, late Of the place. together with twenty other
evl disposed persons, TO the jurors Aforesaid
being rioters ronseIs and dsturbc-s Of the pesce Of
people OF the state OF New York; the 10Th day April
IN the year Of Lord thousand eight undred and
nifty eight, at the ward city county Aforesaid with
force ana arms unAwfnlly rotousy rouously and nju
rousy did assemble and gather together TO disturb tho
peace OF the said people, great terror of the srd
people, and being then there assembled and esih
cred together very great riot rout umu disturb
ance, then and there did make and cause 70 be msde
against the peace OF the people of the State OF New York.
PETER B. swEESY, Distrc, Attorney
CITY aud County Of NeD York w-rhe jurors Of the
the city and caunty Of New York. upon their oath pre-
senthat Patrick Murphy Of ,he,Frst ward OK the
Ernest Keyser late Of the same place. william joyce isss
OF the same place, William s. Alien ate OF the same
place Edward halioy, late Of the aes Bernard
Uilman late Of the same place, and Abraham d. Rus
eel, late OF the place. the 10th day OF April in
the year Of our Lord 1865 Al the ward, city snd county
aforesaid, and upon e BODY OF George wilkes, Ia The
peace Of The ssd people there being with force
and arms did make an assault him the said George
wilkes and did then there beat wound ana M Tesi.
70 tho great damage Of the said George wilkes and
agansi The peace Of the people Of The state OF New York
PEEiER u. swEExY, pis,rlc, Attorney
Guy and ICo1nty f Nso York, ss.-rhe jarors Of the
people OF the STATE OF Now York IN and .r he BODY s
sant T,' .ounV % New iors upon their oath pro
Ty o. new York, In te county OF New York aforcssii
~ aS hyser sse Of the place william Joyos as
eaee Edward g. MAloy late of ,sme plsce BERNARD
H. Uhnar, late Of the sane place. and Abraham D. Rus
the year Of our Lord one thousand eight hundred nd
my eight the ward, city aud county Aforesaid and
upon Che body Of yohs Darcie the pesce si The sAd
people then and there being, with force sod AIMS aid
make an assault upon him, The said Joh parce and aid
then and there beat, wound, and " treat, 70 me grca.
the people OF the state OF New York and their dignity
PEItR H. SWEENY, Dsiri;t Attorney.
The moeon TO quash was opened BY xr. A. Oakley Hall,
Mr. HALLS ARGUMENT.
May please the Coart-Myseif and my associate
sci mr. has 0couov) appear counsel Zoe the parties
nsu;ed in three indictments found Al this term against
Bernard Ulman and certain officers Of this court, In
GLIDING one OF tho Judges thereof. With ono single
cepton believe every individual charged In these in
sictmsns connected with the administration Of criminal
justice 10 this city and believe 10 not disputed that tho
Indicted, At least oolorably engaged In tho dscbs -
their duties IL that be so, the question 10 . ero
rss hs S.ys passed snd there are some M an oso,u
that the Christian centuries have passed vno thnl
than oDe) was an approved maxim, r more sense,
peace msssrs' But IN this 20 Va sosost are the
indictment thai nm iii have = s'%uax . thls
blessed are tbs pssse b,..ts. e ssos a'S
really seem uura, ''Ss ss :~ s
splrt OF me re, somc Of the rowdies and IN
have turned the tables 90 a.ce and ,bsa ra %
Grad Jprv NJ lh,s ocra, ao9as ins Indictment the
and racss on The cono.ipt AZ eo those ro~ dies
about and ar N 10 dwarf M. s,,s. oo nave turned
channel have ON he ts.,,ro 80 Jusuoe mo some
Gals indced the Ministers IN isss ,o~a'es and ras
that would have ~ SOS "has ELECT
row TIM rvn,cr,.x,,~.
M. nv. IN LIE IsDICIhkNTs wHss OBTAINED.
ton, In an srgumcp, sssrs.ses your Honor's dscre
d,ctm ens-to x1rc ,b~.a -, :" ~, 70 quash these In
They were obt.inea bv 80 records OF the court.
aod I will ventnre a. 'ssp"scy against justice,
OF prejudice and I,reyu,.rp py we srosscst forms
In q cpmmupity ,berc1s- 81 ,'s we're ever heard Of
,emblspcs IA x,n b. -. ~ least vorshpped Ia ~
sprscy, 20 Illustrate n bv ressrsnco =, w. sns cons
were engaged I'm nj "a -, 800 W we parties who
which IN ,be eve ~ Tho \, vaa snose irresuiarftes
seeming record M reeora al ~ "a mae nst which
OF nv learned assoosss N snrsv 49,, pe me province
stances a. conspsr.cv and AZ W nose circum-
deayor 10 sbov vmy Hone, ,h..' .na we VIII en-