The New York herald., 1870-02-06
TIE FJRMAN STREET MURDER.
The Perry-Hayes Case Third Time Before the
Courts-The Application to Have the
Prisoner, Edwin Perry, Ad-
mitted to Bail.

In the Kings County Supreme Court, at special
term before Judge Gilbert tine writ OF habeas corpus
IN the case OF Edwin Perry, the alleged assassin Of
Thomas Hayes, the hight Waterman ut IIarbeck's
store, Furman street, having been made returnable
yesterday morning, the prisoner was produced in
court at ten O'Clock.
Messrs. Charles spencer and John H. Bergen, his
counsel were.present and District Attorney Morris
appeared for the people. MI. Morris opposed the
application to have Perry admitted to pail, and
asked for postponement Of the for few days,
as he had not had ample opportunity since the writ
was issued to prepare his case.
Mr.. Bergen-Ths man has been In prison since
the 2sth of December. He has been twice tried be-
fore the Court Of Oyer and Termner. and on each
trial the jury disagreed. 1t is now matter OF right
that he should be admitted to ball. lie should be
allowed to have some chance to get living for his
family. lie has been confined now over month ia
jail on this charge and don't see any reason my
self-of course don't know what object the Dis.
trict Attorney may have, what reason he may have
for asking for p0stp0nement-why the matter
should be postponed. 1t ia not question OF fact
before this court; 1t is simply the question as TO
whether under the circumstances Of this case this
man ought to be kept In custody. l don't suppose
that there are any new facts to be entered INTO
the case to support this application.
Mr.. Morris said that he proposed to bring new
facts and 10 show the court that this Ii not case
for bail under any circumstances He therefore
The Court-Y0u want 70 bring additional testi.
monyf
Mir. MOrrts-Yes, sir; have some now in my DOS.
session. nave had but two days since this notice,
and all ask for is q reasonable tlme
The Courl-That is the statutory time.
MIR. NOTES.-The statutory tune Is eight days.
The Court said now IL was but TWO days. His
Honor thought, however, that the application for o
p0stponement WAS reasonable.
MI. Spencer-May 1t please your Honor, oppose,
sir, any postponement OF this matter This homi-
eide was committed on the evening OF the 2Sth OF
December last. The Distr let Attorney did not post
pOne proceeding to obtain an indictment. This man
was indicted within q week and his trial moved Oh
within week, and p0stpOnement then from
Wednesday until Monday OF the trial was opposed
and upon the disagreement OF the jury on that trial
WITHIN fortnight or tnereabouts we are forced to
trial again. 1Dat trial consumes days and the Jury
dsagrees, and now after all the haste TO try 1nls
man within thirty days of the homicide, twice-a
haste or which ! do not complain, and | will
lake this occasion to say that believe the District
Attorney In this case has been acJuated by a con-
scentlous sense OF duty out l say it was haste for
all that Ihe Dlstrct Attorney to-day comes here 10
be heard on the question OF bail for the first tlme
and asks Tor O pOstponement. Cui bono ? why
should 1t be donef The petition sets forth facts
which are indisputable The evidence transcribed
by the stenographer would be at your Honor's SER
vice. so that there could be no mistake as to sOli-
tary word In 1t, and every tact and circumstance
bearing upon the question whether this man at this
time ought TO be admitted to bail can az readily pc
presented to your Honor for your consideration
TO day us days hence.
The Court--Tne District Attorney has new facts.
Mr. Spencer-nAy IT please your Honor, every