The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-10-17

Important Pressaensas o. the GRAND
Jury-Ths Bungiing Legtsiatioa and
Its Effects.


Coz Is Judge Gould OF Troy presided IN this Court
IN consequence Of the ndsposon Of Judge IngrAhAm.
MOTION TO QUASI AN INDICTMENT FOE FORGERY.
In the Mater Of Charles Deusin for Mr. Deviin
said that the indictment against Charles Devin for
merly Street Commissioner, for forgery. He had given
notice Of motion 70 quash tho Indictment the day
Of the term The District Attorney NOT ready 20
them and the Court grantee him IN adjournment and
on that same day the Grand Jury found second ndict
meat against the deendaut and his counsel pre-
pared argue auasn that second that
too, adjourned to this day. and they presumed that
whom the matter first came up, and 70 whom Ali the
facts known. Az 10 stated that Judge IngvahAm
will be here TO morrow, counsel asked for adjourn
ment in order that the Argument should be heard by
him, he having first made tue order
Judge Gould said that Judge Ipgraham was not 1t ell
we'll and would not pr obabiy hold this Court for some
days. II he comes do TO. morrow, It will be ony 70
settle the order In the New haven Railroad
that the gen teman intended also 70 move for time 70
send California for testimony which would If allowed
throw the case over the present term
ingraham asking hin 70 hold this Court not ouy 70 day
but for some days
erection in the Judge in the matter respecting the second
Indictment he asked for postPonement in order that IL
might before Judge Ingraha not that he had any
objection 70 Judge Could this the rst time he bad
met him in judicial capacity.
Judge Gould said that not ground for postpone
ment. He considered that the Court bad pos
the Grand Jury, any right TO instruct them not TO
find q bill.
After some further argu nent the Court decided that
the argument shou the District Att rney refusing
70 consent To aojour ament
The for Mr.. Devin proceeded with the
gument the motion 70 qush. The indictment charges
the DEFENDANT IN four different counts with forging,
the ifth November 1857 the Of John Fitzpatrick
TO warrant for IS 100 the Shoe and Leather BAnk
coant OF the constusiion OF sewers IN 1851 80 the
court would perceive that there any offence
on the part OF Mr. Devln, which he was prepared 70
prove there the sumbered until the
time han nearly elapsed when he could be indicted Coun
read the warrant and said that there attempt 10
initiate the writing VI Fitzpatrick aud that the defendant
put under the endorsement correct Charles Devi1
The ada TT Of Mr.. Devlin was then read in which he
ttates that on learning OF toe nrst indictment against
him, he voluntarily appeared and gave bail In 81 COO TO
answer; that no plea was put IN 70 thai Indictment
TIA, on the 2ssh OF september last. his coun
Uns opening Of tue Court, TO quash taat
Indictment; hrst upon the ground that the Governor Of
this Stale bad no power by law 70 appoint "a extrAora
nary session OF the Court OF Oyer and reriner second
upon ground that appointed Is WAS intended 10 DO
court OF trial, and no. for the nndng OF tndo
mepu third, upon the ground that the statutory re-
quirefnenie the pubcation OF the Governors ap
pontment had not been piled with fourth, upon the
ground that the Sheriff Of the city and county OF Ne
Court NTH the ground that the six days notice Of
the drawing OF toe Grand Jury had not been given as
qured by law; sixth, upon the ground that tue drawing
OF the Grand Jury had not beeo conducted confomao
the statutes, the certifying Of the made IN legal
form; seventh upon the ground that the Court without
legal warrant had sdded ave jrand Jurors Grand
Jury originally constructed, without whose the
fendant eighth that the endorsements upon the
not correctly fully set forth in the indictment
The aiaavt then goes on to state the nadng oil the
second indictment for the alleged mat
teu and other, before O'Clock on the
day o. the adjournment OF the argument,
examined with any delberatiou charge unruy made
against him, and must haze iadcled because he had
been indicted before that drawing OF the Grand
Jurors took place the 18th Of September last pursuant
the notice OF the County Clerk and that OF the
requirements OF the statute beyond the giving OF the
notice, compiled with in the drawing Of the Grand
Jurore the wing did take place until the l7lh
OF September that If here the least cause for
Iy unequivocay denee, appears 70 have existed
far back the 1lth November, 1857 that defendant IL
resident Of this city for upwards Of thirty years and
the prose cution have never made any complaint TO
committing magis rate, based upon the matters pre-
the indictment The aisavit then goes 20
forth the defen iants appointment 10 the Office Of
Street and the controversy that ensued
consequences Of the Governor nominating smother person.
and that portion Of the public and the press we're ar
rayed against the defendant political grounds and
founded defamation WAS uttered In reference 10
him. He contended that for all these
legal means OF making ms innocence mani
fest, and overcoming any bias that might be invok
able length the motion TO quasi, and was loss
know wha influence had been brought TO bear upon Mr..
Fitzpatrick the intimate confidential and business friend
Of Mr. Deyn tor years. 70 induce him 10 promote this
The Dstric, Attorney briefly opposed the motion, on
10 this case.
Defendants counsel replied the Court took thu pa
pers. Decision reserved.
ocr. lo-rhe Grand Jury came into court during the
day and presented the following
Agrecsby 70 the charge Of Court the ersnd Jury
have examined the law enacted by tbs last Legislature
Tho subject Of the death penalty, and they deem
their duty 70 invite public attention TO the dsfec-
Is % imperfect as 70 give rlss 70 grave doubts
In the minds Of Judges Of our highest courts
@.sses E.s Indsr % ~ s asy a. < s
der ne first dsgree obviously the intent OF she
act TO oenne the mode OF punsnment Tor muir but In
carelcssuess OF haaty legislation the definition 10 i'm
piled rather than expressed and OF the utmost i'm
portance OF society that ~ thei earliest
practicable moment the Law should be revised and iu
me iscs thai several murders have been nited In
city within comparatively brief PERIOD tue pcrpe
OF which thus far ped Detection demon
srates the necessity OF providing some more enscye
than exist for the discovery Of evidence 10
cases Of character The which has attended
the sbors OF the Fire Marshal in ferresius out
OF arson, and pressing the guilty pers,ss 70 con-
vicoa, suggesa the idea that similar officer win com
vestigsting thoroughly I'll cases OF nonicide, would
shortly perfect detective system under which would
their homes or shot In p,pulon strscss, and
clue obtained the perpetrators Of these fearful crimes
the charge Of homicide -n'oa e "rann 10y nave ss
have been alArmngy numerous, aud toey present. tue
foregoing matters the Iteration OF the Court and
The public Authorities IN the hope that means may be de-
vised 70 place safeguards around the sanct Of
human ie by ncreasng the certain detection and ade
quats Punishment Of this class Of Offenders
GRAsp JuRr Roon, Sss York, o;t. Is, 1880
ISAAC a. BAILEY, Foreman.
FLxrcHrR HARPER, Jr, Secretary.
judge Gould said the ptesentmept Of the highest
importance. II was emnently proper IN form ani In
tone II shall be entered the minutes Of the cart
and copy transmitted to the Governor, and not~ith-
that sspapcr editors know Law than
the judges themselves be would repsat what had been
said before that the ooe and Dangling legislation OF the
last sion calculated 10 rrro the OF justice,
and indeed, gave q lav which was no sv.
The Grand Jury having also brought 10 bills OF ndct
for the following cases, were discharged Tor TIE
term with the thanks Of the Court for their diligence and
attention 10 the public business, which has been more
than ordinarily important -
M Peops> rs John McCoprr and Ann N, % cas. for
the murder Of john Roure the a Of September last
They pleaded DC, gllty. The male prisoner said b All
Il In self defence,
ne PsoJle D1rid Wissn1n, for the murder q Hes
ter Finley Pleaded rot guilty.
Ire Psopie ps Sarah Chapman and Ms-,ars Dysohn>,
for forgery In the second desrce Pleaded not guilty Ias