New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-10-23
COURT OF GENERAL sRssIoNs-oct. 22.-Betore
Recorder HoYPliAN.

COURT OF GENERAL sgsSoNs-oet. 22.-Betore
Recorder HoYPrhS
In the case Of the People agt. Christian Rosenz-
wes which spreaed from lie Court special sessions
where the defendant convicted OF IN Keep
Ing d,oTdsy hoae the Esegids % T 9e zen o 1s
Derby house Indie able unless laid common NUS
acc. The point 4 o novel
The People sgt Chri.tIan RO,spzweis.
II conceded on the argument OF tlls certioral,
hs The complain, Vpon which the conviction a. Special sss
had contain IN charging an oense al the
allegations which would be requisite in an indictment This
g. gndout,edy correct is no more than saying mat com
plant, well any Indictment mast IN proper terms eas -
cimiga oscuse. Now upon careful examination Of nu
mou' books aud Gases nd i9dictmen ior Keeping
dofdoTly house which does not eonclIdo 70 ho
uuissuoe eli tho people resident In the nesho9rhood o.
there inhsbiinE ardfesidus aud passing thereby OF Eoa
di-eat n thu State aud exccP. when rendered
By s'stues such j. the form esewhe and ths on i ea.d
on principle Ihe principle on ~hich me heelnS
Logrn Vuhsble by criminal proseeI ~ mat Gle
is the rc,cc the neghborhood and thereby becomes
tersgt Commonwealth sefg RaEle 293, hat The Keep
ing II dsoidev house no, ndctstlo unless u ee hed a.
S3Inmon sss5n9f u y iss ini5a d9f B 10 e de- "a
found In Bacons sbhsgment tnuisiee 81 and IN HAWKINS
nusues puhbabe by public prosecution must De eh'ged
be I'd nogusntu 20 the general annoyance
Of All the kings subjects" To tie general rule a, eted IN
Bacon and HaWkns there exception that IT, when The
ssnce Ia not necessary 10 conclude Cd Commune hoi9s
Au instance Of this Il found in case Of Rex " Dior
which was case OF gambling house, glEohhS MOUSE
being law Ia its nature nuitance snd IN
dcSo ss,uch Of It's tendency to bring together
Ra-ss Reports cited and IN tho Of The State
oaen;e The keeping Of such nui'aI
10 the community being decided that the keeping o. d,
hausf a nuisance 10 indctaOe, the
converse Of the proposition 10 equally true that 10 not IN
dcabe unless laid Is common nui'onse and nnes. 50 ad
aud under confederation charges the house 70 De dsor
dey house bu. it doe,no charge Il to De acomoH
resOTng there IN the practice oil doing Ger
sn 'Llhs 70 Tue NOW nm, pesee nav De Dis
he'd and he gl
amount nuisance The uteng oi loud cnes and
exclamation in the street, TO the gest annoy snee Of ezens
nlsaI CHARGED ard proved TO Be- TO the eat ds &c
aud common nuisance Of al the citizens But NOT 80 ~.
sed and proved, It eertaiuy IA not 10 pe ndetAoe "
constitute nuisance and must be ALLEGED TO De 70 the
great damage aud common nuisance, &C. DO not
thnk that the words annoyance Of 'he ne,sh9oI.
citizens residing a. ths ughboFhood and passing thereby &c
mon nuisance" Il claimed however that the proof show.
tha; the house common nuisance and that me record
shows defendant to have been convicted oil .hS rms eos'
ususe aad therefore the foregoing We've are cor
for the oense alleged In the complaint mo misdemeenor Is
hsr. alleged the conviction which Il In rs very terms for
the aforesaid tina, the alleged IN
uust b. reversed come 10 ih, c9ncusion ih some
regret The defendants IN this case and the two Other cases
before me upon The facts proven deserve punishment and
viii Tor the escaPst An amendment OF the otms o
Of he people Ct the State Of New YORK residing In the neigh
toood ana passing thereby" WIN save trouble heroaer
6 An Inc eV pef,on Of Hor%,n H. Pss in stealing from him
gold watch valued At $50. Penitertiay si1 months
john Calay, q NowYok colored man. u years OF age
headed Guilty. Of obtaining goods under false preenses He
ncc.eded IN getting credit for quantity Of vegetables on
certificates Of bis character written by himself Pen
Rober, Thompson pleaded guilty to an indictment for grand
larceny Reminded for sentence.
William r. WehrkAmp and Ella Wehrksmp, Germans BUS
hand and wife were charged with assault upon Dr. joel
Oatuan Of Riyngon street, with intent to h from the
doto evidence l. appears the prisoners were tenants OF his
living al No 10 East street that on his calling 70 col
let lie rent on oue occasion Mrs W. called him up stairs
d soon after IN tbs pesence Of her husband charged the
doctor with making improper advances and offering her
money Something Of row ensuod IN which Wehrkamp
drew loaded pistol the doctor The defense was ts. ihe
charge made by the woman was ule' Inv jury WIZ uN
"A