The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-25

Gold street, showing the immense destruction OF Valuable
propey necessary ior carrying out this Improvement,
whicn womb entail an assessment the or which
would BIO immense He also argued that Gold street
not required as connection between Wall and Pearl
streets. rsf e5s
No other person appearing speak the subject the
Committee adjourned. 1T. #NET
Court of Oyer and Termincr.
e.48 Before Hon. Judge Roosevelt
THE CASE OF QUlsBo APO, CONVICTED OF MURDER.
OCT A.-1he People Us. Qnimto Appo.--The Judge de-
vcred he Following opinion in relation to the application
Of Quimbo Apo for new trial.
ROOSEVELT, J.-lho prisoner Appo Chinaman by
BIRTH was convicted at Court Of Oyer and Termner,
held in April last Of the crime of murder Sentence of
death was r nounced upon him, but It's execution
temporarily ndcd by the Intervention Of the Cover
nor TO enable the defendant to apply for new trial.
That application he now makes at different term of the
court on various grounds stated in the papers, Tho Dis
trct Attorney objects to its being granted first because
the Court, as lie insists, has power; and second, be-
cause, IN his view, the reasons alleged insufficient
After much examination and reelection have come to
the conclusion t these objections moi well founded
The Oyer and Termner is the highest court Of original
jurisdiction in criminal cases Although at time, In
the earlier periods OF English history, mere temporary
conmissien has long since ceased be So Is now
permanent court of record recognized in the constitution
as an existing superior tribunal over which Judge Of
the Supreme Court is to preside, and not, according to
the language OF that instrument, inferior COURT
to be established at will by the legislature and TO be
v.
recent state (ch. rs, IL passed 1854 il is
only spoken Of having like the supreme Court it's
guiar terns ba-,somewh.t iuaccurately, perhaps-as
The Code, too (sec Coy declares that there shall DO at
least two terms OF the Circuit Court and Court Of Oyer
and Ternner held annually il each OF the counties, &c
But although continuous court and not temporary
organization, dying at each final Adjournment it may still
1t Is commended, have no power to grant new trials.
In the case OF Carmel Parker, 250 decided in 1851
motion for new trial entertained, denied
not on the ground of want Of power although the point
raised but on the ground Of want OF merits In the
Of Morrison (same VOL 6o three years later the
whole subject deliberately discussed by Judge Harris
all the previous authorities beng reviewed, and now
trial granted -#&E
The practice in England it may be conceded is not to
grant trials IN of felony but 70 leave the party,
however strong the evidence may be OF his innocence
application for the royal mercy. Such practice may
perhaps be in harmony with the spirit Of monarchical
government; but in the language OF constitution, it IS
with all other parts the law of like character
has BEEN three successive occasions abrogaed and
seocsa by our people n q ISL sec
There Is no fitness in compelling free citizen, if limo
cent to sue for pardon. Pardon implies guilt We may
we'll imagine case in which the supposed victim Of an
alleged murder should appear in full life after sentence of
death had been pronounced against his supposed muir
derer. Shall il be said under system Of law, that
with such newly discovered evidence staring it in the
face, the Court has power to grant ralY In the
language Of Judge Harris the most obvious principles Of
concur in regarding the power OF the Court to grant
new trial. where the circumstances clearly call for it. las
cOntrOverSy.'
cases collected in Parker 625)
The next inquiry then is, has sufficient case been
made to warrant the Intervention of the Courts
Laying out of viewfor attach no importance to IT.
the affidavit Of Twadde think quite clear the other
papers presented that the prisoners poverty and his
ignorance of customs and institutions natural to
Chinese subject have deprived him Of the benefit Of sub
staniia matters Of Defence which, had they been pre-
resuLto verdict OF manslaushter instead Of murder
If not to a verdict of acquittal
IMPORTANT CHARGE TO THE GRAND JURY ON THE
ELECTION LAWS.
The panel OF Grand Jurors then called, when the
Theodore MARITIME, foreman; John A. Appeby, Jerele
Bull, David B. Bedel, Lewis s. Fellows, Peter +. Ran
doph, George r. Andrews Charles W. Foster Russell E.
Glover, Charles c. Goodhue, James +. Hall, Gibbons L.
Kelly, James Kearny, Oliver H. Lee, Joseph W. Meeks,
Henry Marks, Thomas g. Odel, Jesse Oakley, Albert s.
Smith, Samuel I. Skidmore, Isaac p. Williams, Martin
Waters Norman White.
hThe Judge delivered the following charge
The functions, gentlemen, of Grand Jury have been
go often stated and published that well informed
son can fail to be acquainted with them Your oath in
general terms clearly prescribes your general duties
There several particular Statutes however, to which
am required by law to call your special attention They
are the statutes against lotteries against usury against
in reference to election and against disclosing indictments
for felony until the accused shall have been arrested.
As general election is at hand you i'm
medaely called upon to take notice Of all offences which
may have been or which during your session shall be
committed, in violation of any Of the proceedings OF the
election aw-such false swearing false subornation
bribery menace, wrongful and double voting and cheat
ing by false ballots.
One section Of the law, having present application
and being supposed TO be frequently violated it is proper
should read TO you. .It shall not be lawful says that
section sfor any candidate for any election Office with
intent to promote his election, for any other person
with intent to promote the election Of any such candidate
either,
to any meeting Of electors previous to- during tbs
election at which he shall be a candidate or,
To pay for, procure or engage to pay for any such
entertainment: or,
s. To furnish any money other property to any per-
son. for the purpose of being expended in procuring the
attendance of voters at the pol!s or,
A. To engage to pay any money or deliver any proper
y otherwise compensate person for procuring the
attendance Of voters at the polls; or,
g. To contribute money for any other purpose intended
opronoe election OF any particular person ticket
except for defrayng the expenses Of printing and the Cir
cuaion Of votes handbs and other papers previous TO
any such electon Or for conveying SICK poor or nhrm
electors TO the polls
Your foreman gentlemen, appointed as the law re-
quires, by the Court Wall administer oaths to such wit
may be summoned before you; and your clerk
secretary OF your number to be designated by
yourselves will preserve the minutes of proceedings
and Of any evidence you may receive When indict
mept shall be found--whch, you will remember requires
the concurrence at least twelve OF your number-your
foreman will certify it to be true bill and present it in
your presence to the Court. Although twelve suf
cient TO concur, sixteen or more must be present.
For any further legal advice YOU authorized from
time to Time to apply TO the District Attorney, whose duty
it when required by you to attend your deliberations
before you to give such information as he may deem
cessry and proper relative TO any matter cognzabic by
you In your respective spheres have no doubt you
will most chcerfuy aid each other to execute the laws
and bring offenders to justice
The Grand Jury then retired, and in about an hour
into Court with bill Of indictment; but the party
is not arrested its nature cannot be made public.
More Half Nude stereoscopcs.
UNITED STATES DISTRICT COURT.
Before Hon. Judge Belts
OcT 2--7he United States Case markedG X, $50
containing photographic Vicacs Beckd Brothers claiman
The trial Of this commenced this morning and