The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-10-26
uaTEO STATES COMMISSIONERS cOUsT.
Alleged Violation Of the New Registry Law
Tilt Between ConnseI-EIow the ssrnnd Jury
buf

Alleged Violation of the New Registry Law
Till Between ConnseI-Hov the ssrRnd Jury
Tnrn Out Cases.
Before Commissioner Davenport.
the E,lifed States rs. samuel StgidlyS.-The de-
PENDANT was brought up yesterday for examination
charge OF having frauculently registered in the
Third district Of the Fourteenth ward. An exami-
nation asked by witness counsel, which was
granted. subsequently motion was made for his
admission to bail
The Assistant District Attorney opposed the mo-
ton, but, after consultation with his SUPERIOR ne
animated TO the Court that he willing accept
bail.
The Commissioner-In what amount
District Attorney-fiye thousand dollars.
Mr.. Dononuc ito the Court)-We have sufficient
bali here.
District Attorney--we will insist upon holding the
defendant until tomorrow, at eleven O'Clock, to eX-
anime as TO the efficiency OF the proposed BAIL
Mr.. Donohue-We viii first present our bail, and
put him on the stand 10 answer Tor himself He s
gentleman wen known to the whole community, ana
Ills Honor VIII see that his bail Is all sufficient.
Mr. Timothy Brennan, brother or Matthew 4.
Brennan, then took The stand, aud testified to the
questions put that ne was worth The sum nominated
t$lOOool IN real estate, II his own tttle and
numbered.
District Attorney-This is very well but de.
mand me detention OF the prisoner TIL eleven
O'Clock tomorrow, Till the record OF The bonsmans
suilcieney IL examined.
Mr.. Donohue resisted this ruse on the part OF the
prosecution, calling the attention of the Court 10
the wen known character OF Mr.. Brennan and assert
posing an objection Tor mis- own purposes.
District Attorney--0h. YES We " IA have him on
IL bench warrant before that.
Mr.. D0nOhue--i do not know The secret machinery
OF the government. but know It be appred--if
applied In this case--to most Just purposes. What
the defendant asks here Is what the Court has
right 10 grant and Il bound TO grant. The District
Attorney threatens us with bench warrant because
he does not intend 10 give us an examination. He
could not see however, how ne could have a bench
warrant issued before eleven O'Clock tomorrow,
unless he mad already taken the incpIent steps
therefor
District Attorney-We have not taken any Incl
pient Steps nor do know that the case has ~ YET
been presented TO the Grand Jury.
Mr.. DoDoBue--If so, how could you carry ont your
threat OF having bench warrant issued agalnsE the
defendant before eleven O'Clock tomorrow.
District Attorney you don't know the Grand
Jury can grind cases out as quick grain out or
hopper. ! know what the Grand Jury Will do.
Mr.. Donohue--I would be sorry 10 say In advance
what grand jury or any jury would do before
cases were presented 10 them. Ito the C0urtt-I
ofer to show that this baisman is a well known
citizen-that he owns the property az described or
the record, II the Court does already know the
sact.
The Commlssioner--f do not know, and GA the
INstrici Attorney asks till eleven O'Clock tomorrow
the records, VIII mold the defendant
LII then
Counsel for the prisoner then asked for the am
1avit, and after brief examination OF it, moved
that the defendant be discharged the ground that
he affhiavit only assumed facts on the knowledge
Ind beIief Of some cne while there was no evidence
whatever Of the ground OF Deer' or The source or
and commended that the Court could |
lot Justly Mold the defendant on 20 defective and
insufficient IN afiidavt
The Distritt Attorney argued in support OF the |
ufnctepcy VI zoe warrant and assured The CoUmis-