The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-04-04
The sloop spray Mystery.

JACKALOW COMMITTED ON THREE CHARLES.
The examination Of the Chinaman, Jackalow, charged
with the murder Of Captain Leete and brother, OF the
sloop Spray, was resumed yesterday morning before
United States Commissioner vroom in the court room,
he City Prison, at Jersey City. United States District
Attorney G. S. Cannon, who has been prevented from
attending heretofore consequence Of illness, pre-
sent and conducted the the part Of the govern
ment
Mr.. Cannon sad that Mr.. Jelffs, who had conducted
the up to the present te having closed the evil.
dence the part Of the government on Saturday Last,
he not disposed to reopen it, deening not neces
sary he therefore asked tia. the prisoner be commit
Quoted 10 the Essex county JAIL there 10 await the action
Of the grand inquest the chargesFrst for murders
away with the vessel with intent to steal il
Mr. VOORHEES, raised points OF objection, VIZ -
First, want Of jurisdiction. That they , had
was committed within the jurisdiction Of the United
States or within the jurisdiction Of State II muir
was, that II had been committed on Long Island Sound,
and therefore only equitable In the State Of New York
or another district 3D. 1t had not been proven that
murder had been committed in order TO do 80 il was
necessary 10 produce the bodies Of the murdered men,
Commissioner vrOom said that on preliminary exami.
nation not necessary TO argue the merits Of the case
Counsel would only be permitted 70 submit points,
Mr. VOORHEES, claimed that he had right to review the
evidence and he chose should insist upon this right,
and asked the Commissioner to decide this point.
commissioner troOm-l given
thai the government desires 70 make out prma dcia
case.
Mr.. VOORHEES, sad-N that ID tho ruling Of the Commits
sioner have nothing further 70 say think that it Ia
very extraordinary proceeding.
vopnse then confined bis remarks to the points OF the
case, citing various authorities, and asked Dismissal OF
the prisoner the ground that crime had been COM
mited was mot within the jurisdiction Of the Unieds
States Court.
Mr.. Cannon said that no did not anticipate any argu-
nent in the case. He beloved that all the OF
thorites produced By the opposing COUNSEL could be
satisfactorily explained Commissioner vroom sitting
here -.
Frst-gmply as . magistrate TO ascertain crime
had been committed.
Secondwbether there is probable cause that the pri
soner committed the crime. II the Commissioner was
satisfied that primd fdcid case had been made out,
then he asked that the prisoner be committed on the
three charges.
Counsel cited authorities, showing that the United
States has concurrent jurisdiction in all crimes committed
in bays rivers, 60, where the tide Gibbs and flows.
Commissioner Vroom decided that prim0 tdcia case
had been made out on the first point for murder. Se
condly that the evidence dcoses the fact that the crime
was committed between New York and Norwalk Island,
and consequently within the jurisdiction Of the United
States Court Third, that the robbery was not consum
mated until his arrival at Barnegat, and consequently
closely within the jurisdiction Of the United States Court
The prisoner then committed 10 the charge OF the
Deputy United States Marshall to be conveyed 70 the Es
county jail for the action Of the Grand Jury on the
three charges. Jackalow taken to Newark about
Pm.