The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-01-18

Important and Novel Motion to Quash
Indictmcnts-Judge RooseveiCs First
Appearance in Court as Uaitod States
District Attorney.
UNITED STATES CIRCUIT COURT.
Before Hon. Judge Belts
JAN lin the matter Of the motion in arros. or JUG
meut In tho cases OF the several prisoners convicted
during the past week, his Honor Judge Belts expressed
his desire To hear tho vews Of tbs United States District
Attorney against the motion. The ground OF the motion
is, tina. the indictments found BY thu Grand Jury
afcr tho ceath Of the late Theodore Sedgwick United
States District Attorney and before tho appointment Of
SUCCESSOR and that therefore, there author
lied by present the charges to the Grand Jury and
to sign tho indictments, without which the ndctmeals
were null aAd void.
Hon J. l. Roosevelt United States Distric. Attorney,
suggested 70 the Court that would be web Ia matter
Of so much Importance take time to consider carefully
the case. He argued that law the signature
Of the District Attorney necessary 10 give effect
and validity to Indictment that by this nothing was
required but the finding OF the indictment by the Grand
Jury, and it's preseutment Of the to tho Coirt
Further that tho act Of Congress- OF 1889, in making
it the duty OF THO District Attorney 70 prosecute
delinquents," could not be construed to declare
void an Indictment found by the Grand Jury
without the assistance OF the District Attorney.
This act Is merely directory TO the attorney, and can
with property be extended further. Judge Roose
welt contenced further that this question Ia effect To-
termned by the Court ut the time Of the finding OF these
indictments and by It's subsequent action In the promises
that the Court knowing u the vacancy In the office OF
District Attorney allowed the Grand Jury to hear com
plants and find indictments, and prcsen! tho same when
found open The thus accepted
properly recorded by the clerk aud subsequently the
accor.gy didone Of The parties charged actually plead
ing guilty to the indictment against him And further,
the Court must remember that the time these prisoners
TINS arraGned these Indictments the Office Of
District Attorney longer vacant Judge Roosevelt
himself haa been appointed 70 the post, and actually
charge OF te business of the Office and he argued that
when the thus on regularly for trial, this
Defect il such be, was patent the face Of tho indic
ent and yet was not suggested as error BY either the
Court by the counsel Of any OF the prisoners, al
though II the ground assumed by the defendants now
be correct, these indictments upon which not only
judgments could be rendered, but were indictments
upon which trials could be hadhat these prisoners
by thus going TO trial upon indictments which they be-
Leved 10 be absolutely void, instead OF refusing 70 sub
NIT themselves this lin their opuion) illegal and
authorized action of the Court and the Grand jury had
most justly forfeited all claim to be now heard In con-
cluson, Judge Roosevelt suggested that In view OF the
serious importance Of the question, involving does
the discharge upon technically Of criminals,
whose guilt has been concusivcly and satisfactorily
proven, and whose certain and severe punishment
handed by justice 70 society well as by the laws OF
the land that the Court should reserve its final acton in
the premises In order TO give its careful reflection
and need be- again hear counsel upon point of such
grave importance, and one calculated TO introduce into
dangerous tendency.
Mr.. Ridgway, the part Of the prisoners about
10 reply, when he was interrupted by the Court.
1.-THE counsel for the prisoners in these various
indictments arrest OF judgment upon the convic
tons rendered in them severa because the indictments
framed Ia the and under the authority Of
district attorney and that the office OF District Attorney
Of this district vacant ut the time the
sdered by the Grand Jury were found and presented
in court BY he jury When the prisoners arragned
in court and put upon their trial. District Attorney had
been commissioned and was acting ocay in the district
M lfiun ken 10
until these motions in arrest OF Judgment made
before whom the proceedings in the causes originated
suggested 70 the parties tho Grand Jury that the
cancy in the Office Of District Attorney worked dis
against the ana that the indictments
presented BY the Grand Jury and received by the
Court pursuant TO such suggestions. when owing to his
indisposion devolved upon preside trials
Of the causes question raised as TO the validity Of
us t =, OF s nr anu e
judgment on the convictions, s that the indictments
framed and presented by the jury their act with
the AND assent Of public prosecutor ap
pointed by the government and are, therefore, Irregular
inefficient and void The District Attorney resss the
motions because out Of time the objection, ever
available has been waived by the prisoners by pleading
to the indictments and going 70 trial under them that the
objections are merely formal the Grand Jury having in
herenty power to originate and frame indictment
without the consent Of District Attorney,
that there would be manifest failure of justice If the
prosecution OF criminal causes could not be instituted and
conducted in courts Of thc United States when District
Attorney il in commission Donbts in questions OF this
COnSt0erau0na
pedency convenience however urgent ana imperative
they may be. The jurisdiction and authority Of the
United Sas States Judiciary Can't. su and ss strict
by implication which Is not rigidy necessary
carry powers expressly conferred upon them Con-
greee has, by special law, appointed . public officer TO
whom is conded the power and duty of prosecuting ali
actions in behalf Of the public, civil aud criminal
they nowhere empower that authority TO be otherwise
bestowed, under emergency by the courts other
departments Of government Tho Secretary Of tho Tres
sury, the Attorney General represent the 60
vS~txxt1
enforcement OF civil contracts could any other
than District Attorney authorize authenticate acts
scaly assigned 70 him by statute There strong
for considering under the terms Of the law 40,
pointing this officer that his official in crim
nal proceedings in every stage Of their prosecution vital
to their legal validity, and that indictment without
his official sanntion and concurrence is void. The
possible nconvenency of such restriction the Of
means to transfer his functions to substitute, the
OF the administration Of justice have been
apparent TO Congress- and the presumption is forcbe that
II substitute authorized that Congress intended to
withhold all power from courts TO one It is be-
heved no case is extan which sanctions any other mode
Of conducting prosecutions in the name Of the
district attorney think there at least doubt whether
these indictments legal and valid and justify
incurred by the CONVICTIONS rendered aeans
the prisoners; but as the intiafory proceedings
were a.h taken en-. under the assent Or directions
argument upon the motion In arrest Of the judgments
these causes until the return Of Judge ngeso his
what action had before him in the incipent pro-
ceedngs in court is accordingly ordered that these
several arguments be postponed TO Tuesday next and
that the prisoners be removed TO the custody OF the Mar
shall till that day.
United States Wm. Sldrin.-The defendant was in
dced for taking letter from the Post Office addressed
TO him, and containing valuable articles Mr.. Rdgway
made motion to quash the Indictment because offence
had been committed against the act Of Congress charged
in the Indictment The motion resisted BY Mr. j. I.
McLane for the government Motion to quash overrued
Lord Macaulay.
TO TIE EDITOR OF TIE U2ALD.
Although Lord Mscauay was not accustomed to enter
much into general society, being rather monopolit OF
conversation, he much valued in the circles in which
It was bis pleasure TO At the johnson Club he will