The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-02-18
Court OF General Sessions.
Before Recorder Barnard.


Before Recorder Barnard
,ca,r, ,opprsr CONVICTED or massIAuGHER m IH THIRD
DECREE
TFEn IL When the court was opened' MI An'non'
cornso N, Michael Forrest who was placed on trial Tor
Abe ,,,r,er of Christopher Gof by stabbing him with
knife proceeded address the jury in behalf OF the pri
so,er His argument forcibe ard eloquent, ne MAN.
tanning that the evidence showed that Forrest was Of
uusound mind and that he committed the act in selfde
fence
The Recorder delivered an impartial charge, re-
viewing the evidence adduced the trial after which the
Jury retired deliberate upon their verdict, and after
being absent baf hour pronounced the prisoner guilty
Of manslaugher the third degree He was sent 10 the
State prison for three years and ten months
IMPORTANT pREsENIMENT BY THE GRAND JuRyTxY CONDEMN
THE ATTEMPT TO ESTABLISH RAILROADS THROUGHOUT THE
The Grand Jury came into court and presented large
number of indictments together with the suboned i'm
portant presentment which was road by the Clerk
The Grand Inquest Of the city and county Of New York
deem It both expedient and necessary that immedat,
be taken TO inquire into the matter Of railroads
this city, and especially 10 inquire into the method
resorted to in obtaining legislative sanction additional
charters whereby the streets Of city to be usup
cd by rail tracks the manifest injury of vested private
rights and in total disregard othat great prn
cipe Of all good governments which admits in no form,
that private rights and private property shall be taken
for public uses without full and ample compensation.
The Grand Inquest will not stop now to inquire whether
York, to the Legislature, to authorize company
sociaton OF individuals lay down iron rails upon
for ralr Dad purposes One point however
clear and self evident that neither the Corporation
the legislature any other power in the land under
any pretext whatever can with mpuDity, moest injure
or take away private rights or property without full and
ample compensation to the party or parties injured.
OF late it would seem that this great fundamental safe
guard sought 10 be set asde and under the guise OF
public good comparatively few individuals continue In
seeking legislative sanction to charters which, if obtained
would establish precedent OF dangerous character
and scarcely fail to bring in open conflict very large nor
ton Of our fellow citizens whose rights and property are
sought 10 be deepoiled) with the private cupdity of
comparative few who seek that end
There are several bills now before the Legislature of this
State asking OF that BODY the chartered right of construct
;nr ,,roa5s on s,rs,s az or a;ty Mona o9 tbosa
bills contain any OF the ordinary restraint hh lepstive
sbond exset ard demand nor il any soSnd rea
son assionad wby ihev are omitted in such bis
These facts are well calculated 20 awaken fears and s,s
nicinrs If no arSirarv charar,oso few of which mav h
readily stated =
No amount of captal is named the obyous reason of
which NAV be that although railroad NAV only cost saw
one hundred tbousand dollars for its coostrcton and
Equipment an amount of stosk NAV be ssued Of live times
that amount OF actual cost of CONSTRUCTING and eouopng
the road The extra amount then of stock (which costs
nothing create could not well have any other object or
aim than that of furnishing the means required to buy
Advocacy or bnv off onnoson and anv balance lcft NJ
this extra stock 10 90 p the nooes Of The oroecors Of
the enterprise as reward for their labor and ia
promoting "pnblic GOOD
O. No provision is made in any of these bills to remuue
rate apy private that NAV be injured by the railroad
sought to be constructed when il is well known that
vasf amount OF private innrv will he inflicted unon wide
CIRCLE of Industrious and taynavinc citizens b NJ
said road The whole system Of riehtfuy unon
the beneded and ran,nneratira tba ni;nred is 3oaI
and cntirev i,nored or sat ASIDE IN 'u tbos & s iv
of modern benefac,ore " ~ ~ ~
~ fac,I;,eta Inns,,,1o oo,;or ~ r,..,o a.. 49,.
railroad bills an existing law is sought 10 be set aside
which nrohbiis q the asn@ dou ~ on I'll. oa ,,
on the streets Of any town or cy Of his state ns
on said streets This law was enacted 10 Secure com
munitv against lust such nm evil s @ sonsbt ~ he
inflicted If said law be inexpedient, let it be annued
and stricken from statute books by the process
ana power by which came there not by this species of