The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-27
TIE BROADWAY THEATRE OUYEscE.

Deputy sheriIs Lenry, Qniun and Ward Diss
clorged--Further Examination In the Case
Of Hickey and rI0Dre Adjourned 1--WE
Weeks.
Judge Shandley Of the Essex Market Police Court,
at eleven A. H. yesterday gave his decision upon the
motion made BY counsel for the accused deputy
sheritrs TO dismiss the complaint as against deputy
sherifrs Leary, Quinn and Ward. The following u
bis decision which, viii be seen, grants the mo-
tom .-..ss
The People us. George Hickey James Moore, ynnses
can be no doubt that the law in re alton the sub
eot matter OF this investigation Is clear positive and
than to refer to Russell on Crimes vol l. pages 2&
n Is ana 10 the principles there laid dowp have
rarely, II ever. been called In question. Indeed.
the strong common sense principles therein
enuncated win not In this enlightened age be CON-
troyerted. ON page 20 the whole matter is summed
observed that this doctrine respecting the state
party, being involved IN the guilt OF one or more,
some common purpose unlawful In itself into exe0u.
tion for II the original intention was lawful and pre-
others and one OF the opposing party Is killed In th&
struggle in that case the person actually killing MAJ
DO suilty OF murder or man . an as oircun.
with him viii not be involved In hts Euue
unless they. actually aided or abetted him
purpose. which was lawful, and consequently th2
guilt OF the person actually killing cannot by any
their original intention" The only remaining ques-
tions TO be decided by are, who are and VINO arc
not to be held to answer the charge OF felony as pre-
j. It seems to be conceded in the evidence in the
case that all OF the accused were legally appointed
- deputies or assistants to the sheriff OF the county,
sion was a legal one and that they were acting 60.
.. 1t II clear that the order OF arrest was KNOWN
and expected at least by Harkns, who was concealed
and had prepared substitute to perform his part in
!. That the carrying Of pistol is neither felony
nor misdemeanor.
defendants. Now. as to the proof OF the indepen5
dent acts Of each Of them, which must be oonsidv
cred in order to determine the motion or counsel for
the discharge Of Ward Quinn and Leary. Mr.. A.
Oakley Hail. the District Attorney Of this county, in
letter to me In connection with this examination.
uses the following language:-"A magistrates court
should have testimony too clear TO need oXplanar
tons from or passing by prosecuting lawyer"
This Ia undoubtedly true and acting upon that pri-
cpie, my course in determining the motion OF the
counsel ia very plain and simple. SO far as the de-
PENDANTS, Quinn. Ward and Leary are concerneda
there appears to be evidence whatever that either
OF them il identified with the firing OF the
unfortunate shots by which the injured parties IN tho
affair were made to suffer. Indeed, no one accuses
them even Of implication and as the charge now
under investigation Is for the felony OF unlawfully
are to be eld for that charge under the rules OF law
referred to In Russell on crimes except those against
whom the testimony ID too clear to need explana-
ton ii does not concern as to the intention OF
counsel for the defendants Leary Ward ana Quinn In
submitting mis- motion Tor their dScnarge Wnetn0r,
they may be offered witnesses In behalf Of Hickey
and Moore, or not, has no legal bearing upon th6i
case, and 1t must not be considered IN deciding
the motion. Ny duty IL sufficiently plain IN tho
premises. The motion must therefore, be granted
Upon the rendition Of this decision, deputy sherfS
Leary, quinn and Ward were ordered to be dlsI
Charged. The Judge expressed his willingness now
to proceed at once with hearing the testimony for
counsel pleading indsposltion nom Inflammation OF
his eyes and request by Sheriff OBren. who was
present to postpone the further investigation until
after election the case was adjourned two weeks.