The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-28

reason 10 lsax that from berg conservative in its aims
s! ulS%.ssy eessnsIss INTO IN oSso. on private aver
which have been Omen prsctised under its uncon
sosss sanction, W not to be dsgu'ssd that n,w s
moral power Is wanius and unless preserved by eysA
That WAS written 1850 We repeat the observation
eight Year, Afterwards Your Hocor will nod tnst this ar
and that, too, most eoquently
HrsIoRY or THS CASE
Here are Indictments FOR the smallest offences kno xn
% the law assault ana battery they are aGaas, au
cpera house manager who not present. Ani against
Judge OF this court who vas ceuessedy present 10 hs
Official capacity a magistrate, and against OH of
thls court who were preeent "a peece,n sKers.
AN ALIAS FoR osK o PROSECUTORS.
They are all charged with assault ana battery
George wilkes aod John DNcie, but wtos better
known 20 the poce this city and to the Locdon police
as John Daroie DixoI fugitive from the latter city,
Mr. wmusG (startng 10 bis fee.l-I submit 10 the
Court that counsel shoad be canhnsd to the questions
VOWED in mott and not oe permitted to time
on matters having nothing TO DO With IL.
Tue Recoroer-Counsei must confne himself to the
issue before the Court.
Mr. Hail. shall do so bat smorg the Issues OF This
case will be found that which coming o.. for /.
principle OF isw tbs. irregularities nis,ed oy
cent persons osreessy have different legal aspect from
those eommiaea oy persons VINO possess the Opposite
st-ate, krsw ;hs; they committing rregu-
arres The private prosecutor bis succeeded In stoppog
ne mouth OF my client and suppose that hs
poses 70 stop toe mou;, Of my clients advocste. But
vii ooaboe myself 10 the records OF the court TO the
papers tecFs the court TO such legitimate observe
c0rs ss spri1g from ,hese papers.
Aouos The GRAND JURY.
These parties, is 10 be presumed 10 Jaw were before
the G-aec Jury and supplied The evidence Whatever Il
Eas on which these indictments were found. Did the
Grand Jo.y hId indictment for ofie al msbehsvor,
VINCE wccd have been the simplest and easiest MODE Of
procedure No. they did rot but they found an indic
eut .or toe simplest sDi pe,iiesi offence kro the
law ase the logical inference for this is that they
have tcuId fucb Indictment for Official Nor
Here arc these Indictments AID shat bur,esqGe judi
csi proceedings Will be found TO be bshpd these solemn
loobs records NOT merely r sguarty and oareessness
al fN.riyp wit lht for t,ox
ties are s1ensble 10 this court bot the smallest aud pet
test allegation that one man can IKE against another
Tod my hard an envelope addressed to the Grsud
Jury ooSisuirg evidence ~bcn sr Wilkes seat TO that
boo!, with GesisD, "a sc say, OF .smperiog xith
otsre 70 cav yorr aonors attention 20 come itauings
frSE LIS evidence furnished b! tue private prosecutor
ZONE THE PARTIES ARE
Mr.. Ui.na1, one Of these defendants, opera
house manager Mr.. Daroie called critic, bat,
Ike goSt many o.the critics days he graduseda
q oGQpstz in foreign pits Mr.. Wilkes was, he cAims
here tie editor OF paper which would appear TO be
on shco from AZ ca aua hig1sy respectable newspaper
OF this CITY but between the old and be there IL
sbcui much difference there Is between good old
crus port vine ana the sxpenny porter that
Drink about The streets This editor ard Grille or OF
them 81 least, bad been comp aimed OF oiso.eerly
persoc by the manager Of the Opera house and
rsger making use of that CO nwoD Law right which excel
lent lawyers hsye always held TO be right exclude
oso-dssy persons from his house so not TO subject
the msnJ to annoyance BY the few. had excluded lhs
dlsoEdsTiy person from tue Academy 0! Masc.
DUTY or A MAGISTRATE
Is thought be bad right to do According to the
pagers tss were before the Grand Jury be vent 10 Judge
2lssel anc mace his com Sa;nt fhe Revised Statutes
I've. 70i require that com ANTS ehsl be msdo Ia
wTi;1g aud uuder ca las was done here, before any
attrale that any person has threatened to commit
offence against The person or property OF another and de-
Clare 70 be the duty OF suoh mag sae TO examine such
coupslnsn, and any witness that may be produced,
CATH ~ reduce such examination to writing,
10 be subscribed BY The parties examined aud IL
shai appear thai there just reason to fear he comms
soa Of al! such offence by the complained all
be the duty o. magistrate to issue varran; his
hsld, sad have the offender arrested Nov sir Amopg
the papers letter from Mr. Wilkes addressed to Mr.
Ulrar ard furnished 10 the Grand Jury, sho wing the
te1iJn 0. The fOTner. In fact Is OF rronur irms7
70 or bis pat-s very fii,ustering document IL con.
tans threat and inims,on that Mr.. Wilkes and M.
pAcie, CT M Dafcie Dixon, whatever Lis may
De, were gorg to present themselves at the Academy OF
kutic On certain night and obtain admission w,tIy niy
M Imam recsived this formidable document and wha.
did he co Ho laid 1t before Judge RusseIi. All tina;
TIE statute requires 3 that there shall be
gee resscn . fear q breach Of the peace and
that reason exsrg here Judge Russell Issue warrant
on which the charge OF assault and battery has beer got
Up. judge Russtl knew the an,eceden;s Of this man
Wilkes Tie records Of the court showed that while my
learned friend hled the Office OF Prosecuting Attorney OF
tns city Wilkes 10 the elon's dock tue ronos and
so tbs g,oc resson 10 fear came with double influence.
II your Honor be walking along the street, and hear a
couple OF rorc.es declaring their lnentons-per not
IN POLISHED ansraeeto 20 on an adventure would you
not oooolroe thas they medsted voenS and would sou
DOT 60 TO TIE station house aud lodge information against
them, or, ustc that cfcretion which Ia the bet
Ter part o. valor, would you not 60 home
This vNrAnt Sed and placed IA the hands OF
OF TIC efcers o, tie court think pretended be-
tie Grand Jury that the officers Of this COURT chose
by your Honor by your Honor had no right
a. execute any such warrant 90 subscribe 70 thai
dcct-e rhe Judge had Jurisdiction by the statute 10
sue TIE warrant, and the officers Of the court had jurs
ne Reoorcer-rhere can be 10 question about that
Mr.. Rsu-l think not
Mr.. whArs-I 90 70, know What the object o, my
leaned fTirpd'k speech IN
NJ. Hsl-YOu VIII 6nd out before ge, through.
NJ whias-wel,I suppose So but DO not want to
frat on such motion tais tie rule Ia well settled The
motion quash Indictment to be argued the papers
themselves and not on matters d.hcrs The indictment
counsel means avail himself Of opportunity OF Abus
g the complainant this case or any Of the witnesses
th case vii no, consent 70 his doing II Irregular,
and ought cot be permitted by the Court
ne Reoorder-Counfel for the application have nm
doubedy the right &, bring such introductory matter be-
fore he Court as In their Iodgmen, will enable the Court
NJ whIutg--yes connected With the papers
The RscoSder--Counsel coming 10 that
Br GALL believe 10 always iegit mate IN Introducing
evidence stating the points II srgu ent 70 state 70
the Court at going 70 Go AM go have already
saSss s am gong 70 rsa, tssss papsrs eS. prefer 70
70 item Well your honor, a. vas saying, the warrant
va itsued tacse people vest 70 the Academy . DIS
fore the ersrd Jury. ana by the prosecutor
bsyre The Greed Jury, Judge Russell used very rough
Bui !eur honor pease Judgs Russell Was there under
tie octsncn lav command he was there as a mAyis
trse .her magistrate Informed that riot Is about
&C sse Pso cot 10 80 N IA hoie, a. was the oAe
81 ~ yayof q Tits city the As', place riots
sue hs comn.rc. froui tbeucs He 70 20 70 t,e spot
Judge susse the spo, and sald 20 have used
rorfh language Hence the assault and battery char ge,
ard ksrcs the Indictments can conceive OF the mater
h 70 c1er hebi ibsn very graod attempt on tie part
% NJ Wilkes 70 make Dis paper te and ~ bring the OH
o. this court into cflcsl dsrespeci. conceive
Low toe idea joyce 3raRgeo 10 the mire would be
tbelc cr eXuiaiUn 70 al Grub street and among the
Ctzes q - Giles ~ Church snd Mercer streets Eui "
yOu o-or please tb-se facts be true. these PAGERS
sacw tk state o. facts 10 your Honor what cisiss OF
rcvf. IN has beea rescbeo ia this city
DASgHE A rrgrsDEyr
10 las been tDOught hat toe Gratd Jury a shield
teiw The people aui the necessity OF Ngilsnc Com
n't;ee bu; pow your Honor II called upon 70 decide
aett 20 the ,sw the ss breakers shall rule. The
rapest iBicrm ms that your Ho1of has issued hcIch
warrant recently agsnst a notorious ruffsn. II your
Htnor should permit irregularities That were be
zero tbs Grand Jury, there r. nothing 70 prevent
Nai ryfhsn going before The Grand Jury, iasiisat
Cd b. malice, ard on the same pfeience nave
yCur oCnof INDICTED for assault and battery In c,usng
hin 70 be arrested BE might 20 10, With any idea Of
pressing TIE matter 10 cuvci'n, out vi n toe idea Of
dragging IRE iudicia erure thrUush the mire N such
ind c;rerts thetc 20 be upheld ths ".