The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-10-03
Crime in the Metropolis.
THE BrHGLING or THE LEGISLATURE IN THE RECENT
LAW REsPEcTING CAPITAL PUNISHMENT.


THE BuaGLIS6 or THE LEGrsLAruRE IN THE RECENT
LAW REsPgcTING CAPITAL PUNISHMENT.
TRIMMER.
Before Hon. Judge Ingraham.
or The October term Of the Court Of oyer and Ter
miner opened this morning. but viii be tried
until Monday next The following gentlemen were sworn
on the Grand Jury
Isaac n.yley, Foreman; James T. Bs s
Gordon Burbham, Aaron K Cohen,
Fuiten Cutting, Benjamin II. Dav,
Charles z. Converse, Wilson g. Hunt,
FRANCIS End,cot, Robert Randolph,
Fletcher Harper, Jr, hn Scott,
Ssmnel Reeve, James Nanbr1nt
James p. UDderhin,
Judge Insrabam iben proceeded 70 address them. He
called their attention. in the first place, 10 the offences
whsh The law him charge fhem specially upon
In Ending bill agai ,st party charged with felony and
custody, II their dnty and the duIy Of the
Court not 10 disclose the until the party was arrest
ed. The Court required by statute TO call
their attention to certain things: Usary. which
consists 10 taxing more thar seven per cent per annum
offence against the statute. Selling lottery tickets
polices is prohibited and punishable by law The
Law requires the Court t. call the attention Of the
jury the sale Of liquor without license selling II
SUNDAY, or sdulteratsng liquors, which offences
s,ainst the statute The other special the
7, gu ating elections and the dre laws
The Judge then concluded ~ foioss-I very sorry
b. add gentlemen TO these general remarks Ia duty
n make that the calendar for crime in this city, 10
which your be called, ia very large, and
20 Abst that increase OF crime IL to be attributed 10
pot " say. With respect To Of homicide
which cone beor you, the number " larger than ~
before taken place during Inc same period OF time
II must be within your recollection that last
winter the Legislature 80 altered the Law relst
ing 10 capital punishment ~ 70 mako IL al
most mpraciicabic under the present provisions Of
the law IL has deemed M tn abol sh what has long been
the standing lAw OF this Statehe defining the mode by
shcb Of death be executed and carried
ouf--and thereby the left without any nstruc-
ton 70 the officer called upon to carry oa this sentence
any instruction to him the mode in which he is
Put party 10 death That law has also been altered
far "a throw upon the Governor the obligation OF
bxing the time when party Ia % be executed, and
array bas involved the administration OF criminal
justice a difficulty great thai dstrics OF the
STATE persona unoer convclou Of feath for murder,
and subjected 10 sentence which formerly would have
been imed upon them, nos LEFT unsentencet, be-
the Judges In doubt IN what reusnce ought
10 ~ proIegBced UPON them Whether 20 this the
OF murder 10 ne attributed not Is not
for 10 but the fact is that 81 this kind
very rlrch ncrsased ana | huli In my hand list OF
xLich amounts 10 the large number Of thirty Many OF
ib,m VIII be submitted 10 you and - Is Jour duty 70
pass upon them.
The Grand Jury then retired
The DsIct Attorney said that IN the OF Charles
d Win be bad notice from The counsel for the
accrsed that be intended IN To quash the indct
argue hat motion DOW but would be ready Thursday
Counsel for Mr. Ievlin said that the difficulty that
the District Attorney wanted TO send another indictment
before the Grand jury and be hoped that the Coot would
that body that they should not entertain any
othsr indictment sgAinst Mr. Devn until the motion 70
quash the nrst one IN disposed Of
The Judge tad that he did think he had any right
70 interfere With the District Attorney in sending any
bills before the Grand Jury which ne deemed proper.
Counsel for Mr. D~viin thought that the Court had
right to instruct the Grand Jury that they
ment OF protection 10 accused parties and not al Isru
ment OF oppression.
The Court did not consider that question properly before
pow The motion 10 qGAsh the lndic ment poetpoped
to Thursday.