The New York herald., 1870-02-10

have been made In the Court OF Oyer and Terminer
which should not have been adjourned without bis
knowledge. inasmuch az there WAS Important Du6l-
ness pending before IT, He proposed 10 present 70
this court the proof why this man should not De ad.
was adjourned FIVE minutes before, and it WAS sd-
Journed Tor the purpose OF having this application
at,orney repeated that the case was one OF murder
or or nothing ana by no possible construction OF the
Jaw coald Tue question OF mansaughter be involved
nrosan, ~ ~, ahu yet That question was distincuv
~ p,esented TO the jury, and IN such war
as as materially to misead them IN regard to the
law upon that subject. For instance. the Court
shasea Tue Jury that the inference to be drawn from
.ne use VI deadly weapon was that the party In
tended to take lie. That is the presumption. That
was correct. In the very next sentence the Court
u nau contTaulcea tins. The jury were bound TO take
nese am p us Court Sr Du the jury mad taken
leading they would have acquitted the prisoner
without leaving their seats. II that law, then
Gonzales the Spanish assassin, was iudically muir
dcred Tor the circumstantal evidence was stronger
n TINS case than IN the other. Mr. Morris thought
tDat Judge Ghbeft should compare the TWO charges.
Judge Gilbert thought that 1t was not proper for
him to listen TO crlticsms OF Judge Prart's charge.
whole charge not an alluson tad been made any.
where, or The attention or the jury directed TO a
alusion had been made TO the fact that cartridges
corresponding In size to the bullet taken from Hayes
body had been found IN the prisoners house. MIR.
Morris said he was prepared TO show that the evi-
dence OF the defence was perJured; but the Court
charged the jury that the character OF the witnesses
had nothing TO do with the case. Therefore, II the
had TO accept tnis evidence as true, and
tion false And yet lie SAID such was the charge
precisely. lie thought II the case had been proper
y presented to The Jury conviction would nave
followed large portion OF the evidence taken on
the trial was carefully reviewed. He called the at
tentlon OF the Court to many circumstances which he
which, he saa, Judge Pratt had failed TO aude to In
his charge. lie tnoa.ht upon the evidence which
man would failed to convict. II this murderer
was 10 go out free man, 6ailel by the
Sor: saen Jack Sns be saa es Cr
murder Is played out" Things had come to
such pass that II was more safe now TO take human
life than II was TO take property. burglar had
some chance OF going to PRISON, but In nine cases
out OF ten the man who taxes your lie gets clear
entirely. There was not tnlei who would not hail
with Joy the fact tnat Perry had been discharged
pail aud reiterate that there was no hanging foc
muroer in New York. twas time the courts awoke
To their duty In regard TO these Matters for
the community had some rights. IL was time
these iarces or pretended trials were stopped.
Society would rise up In lts might and assert its
original ana sacred right to selfprotecton taking
the law IN It's own hauds. II the courts would
| right 10 protect Itself.
mr spencer replied to MIR. Morris at some length.
| IN when he defended Judge Pratt ana spoke con.
demnatory OF the District Attorneys course. Coun-
sci read an alluavt OF Mr.. Morris TO the elect that
| Judge Pratt had expressed the belief that Perry
| should be convicted. BY the District Attorneys
| own showing this was private conversation.
anu the aihdavit had been dictated in the
same spirit which termed the defence a
pcrlurer and Judge Pratt fool Mr.. Spencer then
proceeded TO review the evidence, contcndlng that
IT had no bearing against the prisoner. He alluded
to the prisoner Reynolds, Ia New York, who said
managing Tor murder Was played OUT and then re-
marked that theS mad now an intimation from the
District Attorney tnat unless .'you and Judge Pratt
behave yourselves there VIII be vigilance committee
put over you" In conclusion Mr. Spencer claimed
Only the constitutional rght Tor the prsoner-tnat
OF reasonable bail.
Alter some further discussion between counsel
Judge Gilbert TOOK the papers IN the case aud rc.
served his deciSion,
The PRISONER therefore remand.d 10 ,aii.