The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-11-05
COURT Of GtAtaAL SESSIONS.
EmpanelIing OF the Grand Jury-The Park
Raak Nuisance.
Raj, Iuao

EmpnneiIing OF the Grand Jury-The Park
Bank Nuisance.
Before Judge Russell
The November term OF this court commenced yester-
day, City Judge Russell presiding District Attorney
Hall and Assistant District Attorney Bedford appeared
to conduct the prosecution.
Tho Grand Jury sworn and Mr.. Wilson G. Hunt
selected to act foreman After brief charge by
tho Court they retired to enter upon tho discharge Of
their duties
District Attorney Hall ana said-The nrst
the calendar to-day n adjourned from last term
The People va The President Directors and company OF
the National Park Bank Nj Anderson. counsel for the
Mr. Andcrson-If your Honor please General Barlow,
counsel for the bank s absent under the impression
that an arrangement had been made that satisfactory
10 the complainant in the matter and that would meet
the views Of the Dirc, Attorney, as the complaint Is
against san alleged nuisance nave application to
position VIC occupy 10 this matter. The Park Bank
proceeded 10 erect buildn. upon Broadway,
nav oo'A'nea ns o'dna' psrmms usaa, ~
the city OF New York-bay windows and porches
that extend out beyond the ordinary line Of the
street. Tho building being proceeded with,
the directors supposed without any possible infringe
ment OF the law, the matter, OF course, being tho
hands Of their architects great measure When the
building was commenced, tho foundation laid and The
stones upon the placed into position complaint
was made by the owner OF an adjoining building that
the front pillars placed In such positions to I'm
pede the public highway, but there encroach-
mont upon any yar Of the street that had been
tie cellar But the propretors OF the bank took
sures To have the plans changed TO have tho stones
placed back and az soon as the necesssry alterations
be made the building will be within the strict
est requirements OF the law. Although very likely
being able TO insist upon their strict legal rights per-
mission given BY the Common Council they have
waived night about which question might be made.
and, for tho purpose or living peace and in harmony
with all mankind set their building back. have 70
ask il Is necessary 70 file plea before the building is
placed In position, that few days time be granted
Tor have only seen the indictment this morning.
nrf
learned friend by making any reference 70 the facts
vovsd in this case now. II would DO more proper 10
motion for few days posponement, in order TO
prepare and ae what your Honor knows TO
be an interocntory plea in aba,emeD. Of tho
good faith In the OF the Second
which had before us Is really engaged complying
with the letter OF the law they viii do that which
dict CT guilty and punishment would accomplish, re-
serving itself the right impose tine 1t should
have besn shown that there bad intent on the
part Of tho corporation Tho gentleman urge
that the bank would have been justified In proceeding
with the construction o. the building because they were
acting upon supposed grant OF the Common Council
but as lawyer. do not bciicve that municipal cor.
porason sanction any alleged nuisance This there.
Court pure question OF law. Mr. Knox was
tho complainant In this case. ] havo been waited
me TO state that Mr. Knox satisned BY obssr.
walton and investigation that the Bank we're
fast a. they could However that may be- prefer that
this Court should bold It's grasp OF this tightly
for which shall stale hereafter, II becomes
necessary. before the jury am willing. under this sug
geston from Mr.. Bullock, whose Information 10, OF
course, reliable, to have tbs matter postponed unit,
next Monday, at which time the gentleman nie
such inierlocItory plea In tho abatement Of alleged
nuisance a. he may desire In . proper form, which 10
special Or course that which took some weeks to
erect may take weeks TO destroy and put back.
The Cour observed thai there objection tho
course suggested and said that ne noticed Saturday
that OF the pillars was being moved back.
The further consideration OF the matter postponed
till next Monday.
ARRtiGxMENrs
John Walton. who charged with stealing, on tho
c2di Of June an flask worth $50 the property OF
slas G. Herring pleaded guilty TO attempt grand
larceny.
Warren ~ Kipp, who Indicted for cmbezzing sac
from the American Express Company, pleaded guilty
attempt at grand larceny The complainant inter-
ceded for him.
These prisoners were remanded for sentence.