The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-01-23

placed on tho calendar at th,she Januarytorm u the
Court After Q jury bad been enpan9eiled 70 Wy snc
states 70 tho Court that he convinced that there not
sucient Testimony TO convict the prisoner and that no
VIII therefore consent 10 his being discharged upon his
Counsel for the prisoner objects 70
the prisoaers discharge h's ance aud
demands that he either be tried that the District Al
torney noe goseaui be entered both of which
the District Attorney refuses Counsel for soper then
quash the Indictment, upon the statement Of the
District Attorney that there evidence 10 convict
aud aso upon the proceedings Tho District Attorney
objects to tho motion upon the ground that an Indictment
only be quashed where there defect apparent
uron its face That motion 10 qoash Is addressed IL
the sound discretion Of the Court II well settled (Com
Eastman Cusb. 1889 State Fortune 10 Mis-, sG6.
state Putnam, SO Name. 2S8 U. s. stowel Curtis
1852, and Vulnerable other authorities. But such motion
should prevail in any doubtful case, bat only when
the nsucleBc OF an Indictment 10 70 Ipable clearly
To satisfy tho presiding Judge that verdict thereon
would not aalvorile Judgment against The defendant
sS S~ ''' ''''' - s'''' :, "''N"'' > 'A''
In ihs case IL s admitted by the District Attorney and
endorsed ON the back Of the indictment that Is doubt
fnn whether the evidence sufficient 10 convict and All
the preliminary proceedings IN the case clearly sustain
that when The administration % justice requires IL,
the Court should ~ It's discretion quash an indictment Tor
misconduct 10 grand jury (siaic v Dayton, labrs.
kie 49, This case certainly shows the most careless
misconduct On the Iart Of the Grand Jury in hnd
ing bill against the accused, when the District
Attorney ttates tina. thes " not sufficient evidence
IN tho case to con- tuic the crime Of grand larceny laid
IN the Indictment II IS not necessary IL motion 70
quash that come detect must appear upon the face Of the
all the proceed ngs Ind ID regard ~ the Indictment aud
any defect appears IN the face q the proceedings tho
Court may quash (Wcksse W.. The state 10 Conn All
Conn W. Church, Penn State r.. 1857 The authorities
these roins explicit, and am - opinion there
fore at there evidence before the Grand Jury u
warrant the finding ~ Indictment, that there j. no
evidence the possess q tho District Attorney sum
Gent @ constitute the crime lad n the Indictment or o.
warratt lm ID placing the prisuncr utcn his trial.
Therefore AZ the Indictment cannot be sustained II should
be qualhed
Cunning :. Hedfcfd, Jr., fer prisoner.
rRorfnLE AMONG CHURCH nEMBfIss-wHAr BECAME
OF an Old LADY's SAVINGS.
IN peoy, Jei n. Fsrgtu0ts The defendant IN this
mh ted for obtaining many under false prctencos
IL the year 1850 dcfcrdlnt WIS caeead"r ~ the Bed
tin Mrs Catlarino Carter, was member Defendant
at that time VISITED Mrs. Carter and made certain
representation ~ rer ~ 20 his property. aud lis
urgent need of 81 900 to meet on engagement. She
was ~bcsecched" by him 10 loan tho ~ 600 which
she sad etc bad n the bark bearing Interest After
scfnc hesitation thc RESPONDED 10 he hrnthery'i
trcailes and loaned hun the money for ten days h.
20 pay the same interest which she would have 20.
cciycd had the money remained IN the bank ~ The
praun Of the days neither principal interest
repaid when Brother Ferguson APPLIED " Lcr the
money he told her he wOuid Keep and give her bond
and mortgage ~ ha honses which she aCcertrd.
e property we're forecl0srf ard the property old
Ms Carter being lett without a cent % hqudate her
clam
from the tesnsny a Mrs Carter appears that Der.
gus resnrted 70 numerous pons dodges To Obtain her
iey He wondered why Sister Carter" should heel
tate 'or moment, and thuu2ht that The Chreian bond
by wuh They we're united N the LORD ought 70 be sum
ceut rourd ~ for his tfetv and
hcatot fos her hoping "dear brother the ~
need Mrs Cst.e stated that the thousand dollars
which abe hal aned 20 Mr. Ferguson the result q
forty years savings from her earnings, which she
bad laid away ~ small ain0ans.
Testimony for the ae,enc. "a b, offered 10 morrow