New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-10-04

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aud granting hin now trial. This order Of the
Court was entirely ia excess Of its power, and was
utterly null and void. BY predecessor the late JO
serh Blunt, esq, took wri, of error upon IL to the
supreme Court. Thus the matter stood gLcn l as
snmed Office. The General Term a the Supreme
Court, after argument quafhed the writ of
error, on the ground that the order Of the
Court Of Sessions wac not u Judgment and that q
wriC OF error could not be brought thereon by the
IpoOTlc. judge Josi III Sutherland and Bonj. w.
Bonney each delivered an opinion to ths effect A.
the order for trial WIS wilhOu any validity what
ever, II gave 20 rover 10 try Barry again. TOOK
the only remaining couree, and brought hin, by my
warrant, TO The peyence Of the Sherh, delivered 10
the latter certified copy Of the original sentence,
aud demanded that he shoud take Barry 10 the Pen
itentiary, TO complete his term of imprisonment
This tho Sheriff declined to do, on the ground that
the order releasing Barry at on tho record, ana
he could not pass upon Ito volidity. Thus the MAJ
ter stsud4 all further proie, ding7 being absolutely
blocked by On Illegal and void order, Which no other
tribunal than the court which made il can tonch.
| ANDREW SMITH has neycr been indicted 90 lar rs
| have any knowledge.
| CmNELfs DfyLIN was included with other par
ties in severa indictments for Conspiracy to defaud
and for obtaining money by false pretences, all OF
| which Were quashed by an order Of tho CouTi
There is now indictment against him for forgery
This is the only found s'nce have been N once
and fo{ it | an responsible II was found IN ceto-
h,r 1860 have endeavored to bring IL to t'al, but
tho trial has been delayed solely 10y tue ACTON OF tue
defendant, first by motion 10 quash winch was de-
med and afterward by stay OF proceedings
2raIteG by al order Of the Court, on tho application
uf the defendant, until the return OF commission
taken ont by him. TO examine witnefs in California
| | be commission has not yet been returned.
| ions FITZPATRICK was included with CHARLES
Devlin in two Of the indictments which were
| ouasbed by the Court There il now no indictment
! against him The iudictnent against Charlcs
Deyin for forgery was found upon the testimony oil
Mr. EitzpatTIck.
All of ttese indictments, with only exception,
were found before became District Attorney, aud,
with single exception, all Of the oliehses charged
against re parties named occurred previous 10 that
time and no. during my official term as alleged BY
you. 1t may be added, probably without injury
TO the public interests, that these old Indictments
were mostly found upon general evidence OF EIo''
frauds relating 20 Que of the departments OF tho Cly
| Governments, but not embrac NJ certain aud com
pleto proof against particular individuals,
which Is Indispensable to eonVi ton. Mos'
| OF the indictments were quasGed before
| 1 entered upon my office and my pre-
deoessor was not able 10 furnish me with, nor have
| | ever been able TO obtain evidence which would
warrant even hope of conviction. IL VIII be Oh
vious TO tho publc that prosecuting officer cannot
spread out in the coldWns Of newspaper the exact
poiIion Of every case ia his Office. Regard must be
had for the public interests involved ia the deto ton
and punishment Of criminals, aud some degree 81
confidence must be- placed IN the integrity of The
pr,secutinQ officer fhe public have but little diff
| public officer Ia viewed with disinyOr by the
vicious classes Of the community, AID whom be
enoys the rCspec, and confidence ~ horett ana we'll
| meaning citizens. 1 viii make here fuitber Te-
| mark: that while am rs snNi0us Ne ANY man can
be 10 puuah every public officer who wiliiully yio-
lo. bis oath and duty, do not t-iak that 20 iudict
and try such men without evidence upon which they
could 90 convicted, thereby securing thsg Gelptt
and abs onte discharge would b. in any respect BEN
,fcal but ON the oon'rary wopld DO inlGrou,, 10y
encouraging that class Of cEiuunls 10 PerseNero III
their earoers Of poculauon and fraud.
Az the funetionafies and contractors who have
swindlcd and shamed our city during bis my Official
term" the meuhCr OF ruc,sssive grand luu"s c,in
bear witness LOw faithfully and earnestly have Ia
bored u discover snd punish such offenders. am
Dot to 10 assaied became witno.ses peUnrc them
selves 10 shield the guilty, nor VIII be expected,
by reasonable men, to procure The Indictment or con
vciiOu Of offenders, uulets can Ire-ent tule.cLI
evidence. Il g. matter OF upto4itty iuul nave
urss.ed the investigation relative 10 tho fraudulent
cleaning contract, against Andrew Hnckiey
with pettioacity which many rcogls have tho1gut
las amounted % persecution. has nothing beeh
Accomplished when lIa-kley has sery.d one
term m the Eldtidge-sifeot Jail, aud after
ward remained nearly three months on the
other tide Of the North River, to avoid tie
proce s. Of the criminal Courts Of this State IL At
nothing that George houutj0y who, al tie b-gin-
Dipe oil this wear, was boAstiugly confident that
nothing could touch bin, has hcd beyond the limits
If the Uuited States 30 escae too penalties OF per-
iuryl IL is a matter Of universal nOlOroty that tue
hoides Of corruptoriss and panderefs 10 crime III
our city, have been and are making osery exeriion
10 prevent nv re election That they cauE0t succeed
in Defeating my reconciliation IN The Democratic Con-
yeutiou il due only TO tie steady aud earnest sup-
port given 20 me by the hOOes' masses Of the party
You NAV think IL right but do not that, a. such
time journal claiming 10 relrefent Ia part the up.
IuIhtLess aud intelligence Of tho continually, Should
not only Withhold it. nd aud approval, out should
substitute therefor unjust and ung'.erous assanlIs
Ipgrtuhug even Of the character OF caluuniea.
! In passing upon NY official conduc,, think that
not alouo ny action il respect TO public swindlers
should DO considered. There were other clasrCs Of
criminals 20 DO reached ard punished. when rn-
/. rcd upon my Office deadly assaulta and murders
mi bt To sad 70 have been o! daily occurrence lie.
any one who is curious turn back and read TIE jour
uals of that day. There was almost "A " rISh oil
terror" il, our midst, which culu,lnBted during the
6trt mouth OF my term, with the Elm street murders
since then there has been gradual bus CONTAIN, I'm
movement until now Tie i1tfcqicuCy oil such crimes
IN our cts may Ustly be matter Of gratibeauOn ~
III The afro Jus system Oi irguds upOa eliE rHnis
coumouly called tickei-swinolDg,' ul,o received
fatal Uiow ia tbs conviction ~ several notorious
Oilendvr4 Gud is now subs'anlially aoiId"h'd. :.
Uls not pleasant to "A man ~ speak VI himself,
hut II ia soln,tues better to do 70 than 10 submit La
silence 10 aspeItOns and wrong on tue part OIL ioss
who should be more just ! nov maze tho Droa'
DECLARATION that have nothing 10 couoeali nothing
to shrink from, nothing 10 avoid. hy Official course
has made mo many enemies: let them do Their worst,
Trey nav possiby defeat IRE, but they cannot de-
stroy NV consciousness Of right. Ii they, or any
oefsnn whousosyer can, let them specify slnBle
| instance in which have used ing office % oPPfcr-
the moor aud ffeudls wrong the innocent or 10
sbieid crime, or 10 permit is gdity IerperatCr 10
escape because he was strong ~ any oi theeltmeh1s
| of raUsr III have ever allowed tho advocate II
| IL. afg, at "A