The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-01-17
the HOUSTON STREET HOMICIDE.

The Trial or Bernard Friery for the Al
legged Muraer OF Harry Lazarus Moved
on by District Attorney Han-Counsel
for Defence Oppose the Motion and
Abandon tho Caso-Judge Russell As
signs Ex-Judge Whiting and Ex-Re-
eorSaer Smith TO Defend tho Accused
Great Hncitement I'm Court, &c.
COURT OF GENERAL SESSIONS.
Before Judge Russei.
rhis court was densely crowded yesterday morning
having been understood the trial Of Bernard Fey
who has been indicted for the murder Of Harry Lazarus
in Houston street, would BIO commenced An additional
penel OF jurors wore summoned 70 attend on Saturday
last 70 ~ to expedite the trial. Shortly after the open
ing Of the court District Attorney Hall moved on the
trial Of Bernard Friery for murder
Mr. John Sedgwick moved postponement OF the case,
and assigned number OF reasons therefor, claiming
that II the trial on counsel would 10 In ignorance
Of tho facts alleged against the accused The motion
which he made appealed to the first instincts q justice
and he asked would the Court try man for his lie with
giving him an opportunity TO know what was aegeo
against him by the Witnesses who bad sworn against MIN
Nj. A Oakley Hall replied, and proceeded 70 give an
~ mol ns sn the
OF both counsel and Client claiming that there had been
the most perfect compliance with al the rules o. -
After considerable discussion between the CouE and
counsel Judge Russell decided that unless an affidavit
absence Of material Witnesses the case would have TO
NJ. scdgwick asked the Court would not give them
till morning to prepare the necessary amoavs
The District Attorney objected remarkng that the am
day already presented showed Its face that the coun-
eel did mot even know tho names Of the witnesses.
The Court decided that the case must 90 on
Mr. 6edgwick observed that the best esorss sne pm
them to defend him properly, he would commit the ma
ter into hands Of his Honor 70 deal with him - no
Judge Russell inquired II tho three counsel withdrew
Mr. ssdgwck said he going 70 assist in the case
mo Court said he was either in the out Of r.
Mr. Sedgwck replied that be did not intend to assist IN
Hs Honor remarked that II the council Withdrew ffom
The case no would that the was
NJ Sedgwick said that the counsel for the prisoner In
tended do all they could for him, and u the Court
would furnish them with the names OF the assigned
counsel they would give them all the Information they
proper defence
Mr. Hall suggested that rhe Judge might possibly ap
point the present counsel they officers OF tho
court and said that were necessary after the jury
empannelled the case cOudbO adjourned few days
TO enable Shem to gettheir witnesses.
Mr. Sedgwick said his answer 70 that was that the
counsel could not perform their duty 70 their client that
fhe Court-Then You are out Of the casss
Mr. Sedgwick-Your Honor can draw whatever infe-
renee you please.
Judge Russell then assigned OF Judge whking and
ex-Recorder Smith TO defend Fory, and adjourned the
In consequence OF the great crowd Of spec
tors yesterday the stops have been taken TO
have large attendance Of officers In order 70 prevent
the unnecessary crowdng Of the court room Yesterday
the bar and for jurors the fancy having taken pos
session Of the court room at an early hour.