The New York herald., 1868-01-07

beth SIDES Will be elected. The Marquis has retained
Mr.. Douglns CanpbeE and Mr.. DANES Geddes Day TO
conducs the ssss on his behalf.
COURT Of GENERAL SESSIONS
. ympertnet Charge TO the Grand Jury-The
Liquor Tenement House and
the CoGceaied Weapons Acts Discussed.
Before Judge Russell.
The January term Of this court commenced 'yester-
fay, his Honor Judge Russell presiding Assistant Dis
trct Attorney Hutchings viii conduct the prosecution
Tho first bus ness in order the empaneng Of the
Grand Jury. Mr.. Stephen Hyatt was chosen by the
Cosrt to act AZ foreman
The City Judge charged the Grand Jury fol-.
lows ns
GENTLEMEN NJ OF THE GRAND JuRY-rhe accountability
which dew hyes upon you is great The relations
you bear t the administration OF criminal justice
not be too highly estimated In some instances your
upo rasdemeanor which comprehend all crini-
nal otenc rs below the degree OF felony, be
gary 10 he arrangement OF parties accused OF those
crimes And your obligation to the community cannot
be better discharged than by attending to the particulars
Of the h which has been administered your FORE
man an to which you have all bound yourself TO
form. fou arc TO take that the guilty do not
escape, and TO that innocent do You
20 pres VINO is free offence and you
TO leave none unpresented whose conduct justly desg
mates @ tnem as criminals You are to pay no attention
yourselves to no undue improper influences OF any
DESCRIPTION You are to DO mercful, but resolute IN
can at all times If so inclined appeal to the court for aid
and legal direction and you will find 1t roady TO
your demands upon it. Judge Russell then proceeded
10 instruct The jury upon the law relating TO the several
grades OF offences that would be presented to thcm
The court would desire to instruct the jury invest
gate oiences against the provisions OF the act Of l4th
OF April 1866, by which the sale OF intoxicating liquors
was regulated in the city Of New York, known by the
title OF tho Excise law, and to indct all offenders
against that law The validity OF that act had been
established by the highest court in the United States,
and must be obcyed and ts provisions enforced long
it remained the statute book. The injustice Of
lesslating such subject for portion Of the State,
OF passing moral laws wuch apply to only portion OF
our citizens and our territory, would to
ha IN rr,nA 40 Hi.rlf IN
understand why the people OF this great city require
10 be restrained in The intoxicating liquors
than those OF other cities State IL this law is
demanded for this city i. Is demanded for the whole
State. Vice is the sane everywhere. If there is
greater amount OF IL in ta city than In any other
gle locality in the s,aso IS because the greater
number Of human beings ccngregated here. Much has
has not been and is not supported by my experience
as criminal magistrate and Judge He had the honor
this State and he suggested assembly that pro-
vision should be inserted in any constitution that might
for particular localities without affecting every part OF
ahe State such legislation proceeds upon the idea
which the Legislature have TO and do assume. The
probability is that this Excise Law would been
passed had 1t been extended to the whole State and 1t
Is unquestionable that had such been character
would not have been and would not now be resisted as
81 has boen and IS have felt consiraned TO say this
much, the Legislature which commence is
entitled TO Lave the testimony OF this court $50 far
workings Of this law as 10 its wisdom
or efficacy. On the question OF tenement and lodging
humanity aud proprieiy Of the legislation OF last seq
son Il Is sad that half a million OF the population
are huddled together in those tenement houses, and
moro than twenty-five thousand human beings are
crowded into cellars. The act Of last session reaches
those two evils and prescribes The duty and the OF
vcntilatng such premises and providing proper means
OF escape IN case OF nre Sanitary measured aud
cautions also Urged oy this enactment In iusra-
OF what he reference this he would
refer 10 recent occurrence which involved the
those tenement hoges 10 this city In reference 10
fho use OF concealed weapons Judge Russell reviewed
the practice OF carrying and using deadly weapons at
considerable length, and concluded by saylng-"Whai-
ever the future may have in In this
who wear deadly weapons about their are ad
monished in season by the course OF courts and
suffice, of railroad and other accidents the Judge
expressed h!uasef.-.It ought to be matter OF con.
graduation that however frequent the accidents
occurring in our city they are mot OF that
extremely frightiul appalling kind which
happening other places ana directions; steam.
boat barnngs railroad disasters and boiler explosions
come 10 with the issue or every days press Not
many days since the community we're shocked by the
SeHcr OF some hfty human beings travelling In rail-
road car being precptated down high embank mert,
ihe1ar Cred oy too overurnng Of the stove and almost
every one pershng IN the flames. IL would seem as
thoush there mus: be fault negligence somewhere
Those who control the dreadful elements Of fire and
steam cannot be held free Of great responsibility,
and, shove all, when those agents used
IN connection with pubic conveyances the
ihe mxs of this State BY these agen,s on stcamboats
and over railroads have right TO expect and demand
shat tie Avs enacted for their security shal prove
dead letter 1t rs 50 be feared that ZOO much
cred uy7 under the name Of accident Our law in
all provfStnce draws but slender distinction between
gross neg lgence syd positive intentlon whero reck-
lessness ~ human dagger great evince
perfect Indifference to consequences no matter how
serious ftf not easy TO appreciate tho difference be.
tween il aid actual design to produce the re.
sults The sstults OF thus state ample reference
10 there subjects, and each Legislature supplies such
omissens NJ can only be discovered BY time. Should
any cases Ealing within them come before your body
they sA3uld receive prompt consideration. There
several other statutes % addition 10 those already
fered &C. 70 Which the Court at each expressly
enicned cal the attention OF the Grand Jury The
statute nganst auiry by which taking OF more than
per cent 7teres fer The loan forbeaance Of
moncy E declarez TO be msdeneanor; the statute
agaIns, ersortion' which nakes IL q msaemeanor for
public ohocrs TO take receive any othar greater
leo se~ant for ehlcsl services than or shall be
allowed BY law tbf statute relative 10 lotteries aud the
OF the court ,hs year aud you being the first
Year, ist ms be pardoned for saying q you
and all In war related 70 the admin sration OF
Justce in ts place. that the public look to US to prove
that SO FAR az this Court concerned the criminal laws
f the State u st all hazards. aud under all circum-
ances, be vlndicated and upheld Whatever may have
bs accomplished the uas let US apply ourselves TO
our present and futcre dutAes with renewed and
doubts vgor aiming at the dissemination in every d.
tenanca and preservation OF public order" The Grand
Jury tLen retired 10 Their room for delberation.
The Coar then preceded 10 dispose Of the cases be-
foreiL
Robert Johnsa \, who was indicted for forgery In the
third drgrse plea dcd guilty 20 the fourth grade Of thai
crime The charR, was that the defendant the l2tn
Of November calico at tho banking es,aonsnmeht o.
Jay Cooke Go and resented ssasa lever nuspson & srr
10 send him tweniy-e.ht thousand dollars worth of
Gvetwenty United states noes, for which check was
signed by Fred Butterled 4 co. The prisoner was In
truced 70 until tho chetS was sent TO the bank 70
be certified, when y was discnNern that the ettef ana
the check f5rgerer. Ctansel stated iAat tlerc
were certain mitigating clrcumslalcta Which he wished
70 present the Court, and ne oiage eMaoded ihe
accused ief EeLseaee