New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-01-30
New91ork Dailp Gribn,ae
LAW INTELLIGENCE.
UNITED STATES CIRCUIT CoURT-Jsn. 2s.-Befors
nd BRJTs.
SENTENCE OF CRIMINALS.
The limited States AIT. John MacAVoy.


of conviction against this prisoner and Other all found
s Of 9 s has%s for % Judge
Bette this morning decided the a'ed in the Arguments
assigning orally the reasons for the decision.
He remarked that the main objection ta4eu By the ProneIs
their accord aud that they bfoosA. into
Court the prisoners put to tA under them without
the signature of District Attorney briRs aIed TO tue inset
mtntt and that tact; the Office of District Attorney was va
when he GRIND Jury acted upon the cases and onnd and
brought the indictments into court was also objected ths
the indictments void Ia not charging het the VARIOUS OIL
ses M MES committed feloniousy The Jnege
obelSed tbet the iac attending Toe souIe 81 he Poeeeh
before the Grand jury lad been more accurately
motions in aTfst OF judgment we're dfs presented
The o. Jury nDanaeed an" sworn daring the Lifetime
late all the prisoners bot bad been
or upon these charged taken under the direction OF an
oicsl Attorney before proper magistrates, aud
snihed end committed By for trial upon these
before the Grand Jury were gnshed ana charged by
the Cont The ou the Grand Jury explicitly to
ske coszance Of these commitments They entered upon their
9Th Of December lest having some OF these papers
laid before them by the District Attorney that dey a boz r
they poceeded in their action the the tn and sth
December made sppesr by record papers IN
Dis cAoTney died and the 4th of January inst his sue
I GnS jury Tespnsd The bills Of indictment nto Court
December end the 10Th January the Official asdssat Of
li.oner in Court who ali pleaded not guilty 70 Che
Indictment aid day YVES desi!nsted by the OSur iot th
we the same day discharged ior the term BY Court
and exception to the suceney Of tho indictments
H. Court Spdn tbsse fsSt, ruled the following points:
l. The Grand Jury did uot originate oil the OF
their accord but the submitted 20
their attention and Cion by the express instructions OF the
Court.
T. One case was acusy laid before the Jury the eth Of
Decee by the then Distinct Attorney and there reasonable
ground presume that all the other but IN the
condition the tns also brought before the jury the
comen ihefe made by magistrates during the ie Of
the then Dis'irt.Attoruey
Macssoy acne was examined and committed by Commits
sioneT ter the dec Of Mr. Sedgwict and the indictment
against him found md filed Cou whie the Office Of Dp
trc Atorny vacant hot the Grand Jury charged by
the inquire into al cases Of parties imoroned for Grim
a oeusss BxanE the laws OF the United states
a., +, nov ere d 10 tBl corniLance Of biz Gaze.
The signature Of i,inc Attorney constitutes Of
nm D4cmeDt and only evidence to the Court
lie prosecuting ably
~. Jr,v iupoeea upon him ny statute.
10 Court Of the District Attorney the
IOb Of lapary moving a. srag9mebt the prisoners
tbjy unotr these indictments is adoption Of nde
, b him and foil evidence 20 the Cont OF his .unsn
he of the GIsnd Jury and OF his Pro'eeuug the della
qn the OF the und sie pursuant TO 'he anthor'
Nv and dire, tiODs oftbe act OF CoDgrsss.
Tlee appess he by statute or uaEe Conferred
b United states, to recognize ssu civil or Grim
i jeav Of the United States except
~, am. tn,tituied aud prosecuted BY District Attorney
sppouie and issioDed accordingly the statute
IN 5Ael e nwifuy settinghre 10 ship AZ sea, with 10
tent bnn be being charged Ia the Indictment 10 the words OF
the creating the crime, the Allegation tuDe Hiou
adding the WoId yctonfouslB.