The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-09-21
Court of General Sessions.
Before Judge Russell


TIE wALToN.MATnEws AURDER-ArPLIcATIos TO
DISCHARGE CuARlEs JRffERDs.
SET 2o-Immediately on the opening Of the court,
Messrs Brady and Hall, counsel for Charles Jenerds
who confined 10 the Tombs charged with the muir
der OF John Walton and John W Mathews appeared 70
for writ of habeas corpus The prisoner was IN
attendance and the spectators evinced much interest
the proceedings. Mr.. Hall submitted petition OF 'ne
accused for writ OF habeas corpus, which SCI ortn,
mong other things that he Ho committed 70 prison
by virtue OF any proper tribunal but by reason oil pea
diced verdict OF coroners Jury, the Grand jury NOT
having acted in the matter Mr. Hal addressed ane
Court length, and read number OF anaasIs, .nor
purport being that testimony produced against the
defendant insufficient to hold him thA ne
instead Of collecting the jury from the c1ehs ~ .ne
where the occurrence took place. seected
men who friends Of the deceased men VINO were
CHARGED 10 have been murdered Many OF the jurors were
personal friends OF the deceased, who were very much
oubittofed against the prisoner IN consequence OF amy
difficulties that had been brought before Inc courts Inc
motion Mr. Hall 10 berate Jeierds on ball was denied
by the City Judge.
prisoner should be discharged at once for the statute
clearly provided that If Two terms Of the court elapsed
before accused party was indited ne should be emil
tied 10 his discharge besides the evidence Of the Witness
es for sent TO the District Attorney
the OF july and tina, officer had not submitted the
case 10 the Grand Jury The counsel claimed that the
prosecuting officer had clearly violated the statute which
provided thai every accused OF crime should have
speedy trial. and that unless the Grand Jury
found bill against Jeerds very speedily action would
be taken against the authorities for false imprisonment
Judge Russell stated that as the Grand Jury would
the abors oil the present term to close Friday
they would have time to consider the case this month
HIS Honor ntimated that II would be better for the dc
fendant wait TIL the Grand Jury was empanneled IN
October Mr.. sedgwick, in the absence Of
District Attorney Waterbury, said he was not pre-
pared 70 reply 10 the application OF the counsel Tor the
defendant, inasmuch Ms he did not know what the DIS
trct Attorney meant 70 do An nsimatlon having been
given that the District Attorney would De prescott on
Monday the discussion brought TO close tae coun
sci for the defendant giving notice that the motion would
be renewed on Monday.
ALLEGED ASSAULT WITH INTENT TO KILL AN OYSTER
SALOON EEEPER
The only jury trial Of special interest was charge OF
feonious assault made by John sAarcke, keeper o. an
oy ser saloon the OF Tenth and Thirty
dfst street. against young man named Christopher Cox
appeared from the evidence adduced on the trial that
plansnt and asked for oyster stcws, viii IN
furnished. Cox asked for some butter and other
condiments, which were furnished, but Cox demanded
more abundant supply, when saaIcke observed, you
think give you AT pound OF butter IN your sswf
"No,' replied Cox, but want quarter rhekeeper
OF the saloon said You can. have any MORE" and toll
lowed up this remark with other demonstrations OF nso
ience ae locked the door and sad the men should not
leave before they paid for the ste~s, whercupon the
friend OF Cox told ssaroke that he would pay for every
thing Cox had at the time telling Cox 10 out and
he would follow him shen be had ea,ea his stew.
Cox attempted 10 90 oct, but prevent
ed by the prosecutor, who sprang upon him
Difficulty officer Miller OF the Twentieth precinct who
secreed beh nd screen, made his appearance and
threw Cox down on the floor at the same time pulling
out his club revolver He hreatenei to shoot Cox II
he stirred and In order that be might not stir Mrs Saarcke
stood him. During the ARRAY SAarcke was ttabbed
in the neck and also IN the wrist and his wounds OF
such nature To disable him for life. II alleged
thai Cox stabbed him, but the knife not identified
being the property OF the prisoner did any witness
observe the sabbng Cox arrested and brought to
the station house. and having been subsequently brought
before the City Judge writ Of habeas corpus dig
charged.
Two months had ard the Gaud Jury not hav ng
found indictment, officer Miller called upon the ID
uiet Attorney hsvc Cox indicted by the Jury FOR
assault nth intent 10 Kill Hr Sssrcke, according
~ the bt found ana he 1ch " OH
Miller far the purposo Of srrestiag COX wHen he Ms
convey ag hi 10 the prison. this motel officer told
not 10 give the lawyers money but tina, he you'd
20 SaArcgc and pay him $50 $50 b (Mllcr) would
rid Of the The officer gave him the assurance tia
he puTsred this course he would not press charge for
felonlous assault committed by Cox upon him in the
oyster saloon.
The defendant did not &C, upon this advice, but pre-
ferred 10 have hH case passed upon by jury Judge
Russell charged favorably TO the accused, aud in the
OF his remarks to the jury nented severely
and Justly upon the conduct OF officer Miller Ia
tempting TO compound felony, which vas punishable
offence, he also said that officer disgrace 70 the
Department, and should not be permitted 10 remain IN H.
The Judge instructed the that they could not vic
Of felonious assault but might, n the evidence war
rsnted II, find the defendant guilty OF simple assault
and battery The jury absent length Of tinc aud
having by the Court that the law did not
them convictng 81 assault with intent %
kill, a verdict OF "Guity o. assault and battery was
rendered His Honor directed Cox 10 pay hne OF $40,
which was promptly paid II was said that eight OF The
jurors favor Of convcilng the prisoner OF the
offence charged In the indictment.
Levi Meyers, shoplifter who charged with steal
Ing piece Of silk worth s33 from the store OF Wild
Ssyman In Broadway, the 10th 81 July pleaded guilty
years.