The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-16
COURT or GENERAL SESSIONS.

A Novel and Intervening Question OF Iaw-An
Alderman Has no Power To Make an Order
Of FiIialion--The Order Qua-hea--The Law
Relative TO Observation-Disclosures Bed:ord,s
opinion.
Before Cunning s. Bedford, Jr.. City Judge.
At the opening OF the court yesterday morning City
Judge Bedford delivered the following opinion:--
Commissioners Of Charities ami Correction u.s.
JgiaidDs 4. Van H0,.tt7l Appeidnt.-This Is an ap-
peal In bastardy from an order of fliaion made by
James +. Coulter one OF the Aldermen OF the city OF
New York, en- the 3lst day OF August, 1869 The
facts in tins case are admitted by the appellant nut
he denies the power and authority OF Alderman
Coulter TO make such an order OF nlation.
l have no doubt thar the Aldermen or this CITY
have all the powers OF Justices Of the peace. These
powers were conferred upon them by the first char
ter and have been confirmed TO them by subsequent
legislation; but by chapter sos, Laws OF 1906 page
1908, section 81, It rs provided that ANY proceeding
now authorized 10 be taken before any two
police justices IN said city may hereafter be taken
before any one OF sand jusuces, and any action upon
or IN iurtherance OF any such proceeding so taken
before any one OF said justices may be GONE by the
said justice, with the same power. force and effect
that 10 may be done by any two Of said Justices"
Previous the enactment OF tnat law OF 1850 IL re-
CURED two justices 10 make any order OF taon, and
II the wording had been 'any two JustcesN instead
OF 1.-TWO police Justices should have had no doubt
On the subject; but this law being restricted In Its
operation to the city OF New York and the Offices
therein named TO whom this power is given being
distinctly stated as police jus ices raises so much
doubt that have come TO the conclusion to quasn
this order OF dlation. Inc law IN reiatlon
10 n nnaIay as the Court Of ' Sessions ssS
quasn any order Of flIation nj maintenance for
any other reason than upon the merits aAid the
facts such Court shall proceed and make an origi-
nal order Of fiation, in The same manner as any
two justices OF the peace may by law, &c.n And
now having auashed the order on purely technical
grounds and not on the merits ana facts, and, as
before slated. the facts being admitted the Court,
IN pursuance OF the statute. directs an original
order OF liation and maintenance 10 be made, and
40 hereby MAKE such order, adJuuglng me sad WI
liam Il. Van Houten to be the father OF child born
OF the body Of Anna Maria Carlock. and that SAID
child Is bastard, and order and adjuoge that the
said William Il. Van uouten pay the Commissioners
OF Charities and Correction the sum OF three do-
lars weekly from the day OF the brth Of SAID child,
and fifteen dollars for the sustenance OF the sand
Anna Maria Carock during her confinement and
recovery Ihcreupon, ana the Court award costs to
lie taxed 10 the Commissioner OF Charities am Cor
rect,on ana that the appellant wan Houte NJ forth
WI III give n bond Ia the sum OF $500, conditoDed
that he Will IN all respects comply win this order,
and IN default thereof that he stand committed.
Colonel Fellows, who has just been appointed
Assistant District Attorney, conducted the proSecu
ton. lie VIII be valuable acquisition 10 this
department.; for he not only possesses thorough
knowledge OF criminal law, out Is pleasing and
eloquent speaker.
Dennis Leary who was Jointly indicted with James
Martin, was placed on trial charged With larceny
from the person. The complainant. Andrew bicS-
sou, testified that on the night OF the l1th OF oct0-
Der, while passing through Henry street he met the
prisoner ana his alleged confederate and Imme.
diatcy after leaving them he missed his watch,
which he valued at fifteen dollars. He pursued
them, and at the time OF Leary's arrest the watch
was found In the gutter near where he STOOD. The
jury rendered verdict of guilty. with recon-,
mendation 10 mercy, and Judge Bedford sentenced
him to the State PRISON Tor two years.
James Gibbons was charged with being implicated
robbing James Mccartney Of th,rty-one dollars
the night of the 25th October last at the
| Dover and Water streets The evidence OF the com
plaInant was unrellabe--two police officers pcsi
lively contradlcting his statement-tIat the prose
cutting officer abandoned the prosecution ana tn
| Jury acquitted the accused.
the following Is the calendar for to-day:-The
People w. John J. Trip felonious assault aud bat
terry; Same Henry Conway, felonious assault aud
James Wilson ana Thomas Mcdonald. burglary;
Same va John Becker, burglary; Same VI. Magnus
Levy and Samuel Straus (two cases., grand lar
ceny; same vs.. George Montague and John Fla
berty, grant larceny; Same Va William Burns and
James Rodgers. grand larceny; same vs.. Frank
LOUIS, grand larceny; same W. David kronshcn,
grand larceny; same W.. Joseph Conn, receiving
stolen goods; same vs. Francis McGuire felonlous
assault and battery, Same VS.. Edwin Dusenbury,
obtaining goods by false pretences; same vs.. vii
liam Campbell, obtaining goods by false pretences