The New York herald., 1871-11-25

pearance or burglary was resorted to to cover up
the tracks OF those VINO could ana aid steal them.
lminary and Independent crime. The theory OF the
prosecution as 10 the defendants is that the Comp
six O'clock % Of the aternoon Of the sn uns rS s,x
O'Clock OF he morning OF the 10th OF September
hnrs s, at e le n ios pe Ioa 81 some three
that time tue Office was ielonlously entered and The
vouchers stolen. There was not the least evidence
DcJore the committing magistrate, nor was the
slightest testimony furnished 10 the Grand Jury 10
prove that the vouchers or documents III question
were IN the comptfoller's office at SIX O'Clock OF
the preceding afternoon, or SIX O'Clock OF
the hnye iqlSNng hsS mornng 80 INA. they could
been so inclined. Tho Only Witnesses WITH sses
against them are ihs watchman Ia beneficiary of
Who III s aad a n un Se S M
following, and then left. she aud the Waterman
having both then heard OF an intention to orer
reward or Sl,ut0 Tor The arrest OF the criminals.
whoever they might be, ana she having been threat
ened at the same ime by tile Comptroller spaniel
somebody. In other words, the wa,chman and the
servant girl knew nothing about tins matter until
knowledge. Then matters which they must have
known Tor nearly week. II their testimony Is true,
MOTION TO ouAsH INDICTMENTS AND ADMIT 10 BAIL.
Under The advice OF counsel the defendants make
q double motion 10 tne Court-1irst, 10 quasn the
two indictments founu against them In ths Court
ON Octoper 30 1871 for burglary In the tnlrd degree
and grand larceny. based upon the occur
renee IN question, and secondly to be admitted
to bail, should the motion 10 qnash be den,ed.
OF course they expect ana ask their discharge
IRON imprisonment, Il the indictments are quashed.
The moving papers show that they have not pleaded
to the indictments; that they have never rs yet
asked TO be oalcd; that they have teen imprisoned
rom the tine Of their iirst arrest on or ABOUT sep
TENDER II 1871, 10 the present hour; that they were
imprisoned more tnan I'VE weeks before the
Grand Jury acted upon the complaints; that they
cannot prepare their deences to advantage .
without the benefit OF tneir personal lioerty,
faitn, anu not for the purpose OF delay.
Olher matters are disclosed oy the moving papers,
winch will De aulc 10 in some OF the points urged
hereafter 1. is not 10 Le disguised thai the pre-
sent state Of our social atmosphere is such pos
almost deter them from granting or even entertain
Ing Iecnn.cal motions IN matters anc. ting the PUBLIC
welfare, particularly when present ID IN criminal
court OF justice. TO pure Judge, however, one who
feels traI he has ever observed his Official oath and
unnilchlngly performed his PUBLIC duty, tue social
storm which prevails Or hOwlS out ide Ot the sane
tuary over which he pres1des brings neither fear,
dlsnay nor terror That the public mind has been
startled and aroused by the degeneracy ana de-
moralization OF a portion OF local judiciary Is
true as well as right. No person can deny tnat
to the bench or palatabe 10 the community. 1t Is no
argument against innocence that IL Is unwilling 10 be
al once preclpitated before petit jury story, VINO
wrnte Tor all time, and aid not ind.te simply
ephemeral instructions or lessons OF juridical WIS:
dom, IN his admirable work on the constitution Of
the nited states deScantS upon the pericctionS
and imperiectlonS, security and danger OF trial
before a jury Of the country. The provision Of our
state constitution, Wflcd was similar TO mat VI the
federal, WAS also quoted.
The counsel argued tnat under the constitution
tained that the curt should not uphold the
LYING AND DLAsrHEAoUs rLEADlNG OF THE GRAND
when they alleged that the defendants were guilty OF
burglary. when the Comptrolcrs rooms were inr er
apartments OF al outer building. The counsel said
he would be AFRAID 10 make this motion be ore some
judges, whose only salvation was III pandertng to
the nuDc Will. but when ne addressed a Judge That
he Knew could not be attacked, bat who enjoyed the
approval OF the press and the applause OF the CON-
munity he fell H. had right to speak with conil-
dence as TO The result of that part OF his moiion
The evidence gwen before the committing magis-
trae relative TO the alleged larceny oil the vouchers
was read at length. In conclusion the counsel
THE Lesson OF THE LATE ELECTION.
we again resnect;uy @ urge upon me Iourl to steel
from rhc feeling and ciamor Of tne community,
excited and iermented as II now conlessed!y
rising OF our citizens which has just been wit.
messed vlndicates and eNempllles the theory Of
seli-.uvernmeat. Sucn lesson was designed only !
for those who nave been unaithul or corrupt in The
ror, but reform Who close MS eyes TO what has
appeared In the press ol our city Tor months past
exist M the aamlnistrae leg,sa,vo ,M.0 ana
last but by lar the most important judicial depart
have been Pre- the discovery OF evils u the
other branches oi government, FOR that would seem
time past, out who would look for things in the
Judiciary or on tie Bench? The profession know,
and the public ought 10 know, II tney DO not, that
We have YET IN our midst Judges OF purity, Tree
nom suspicion, without tant and above reproach.
"A Wholesale condemnation must mol Dc luuulgeu.
1t Is not meant 10 be naery when we say that this
Court, II Is now constituted. enjoys the confidence
aud has over ana over again received io JUS acts The
approval ami sanction oi the puolic. Il the press Is
an index to or is to be taken as authority Tor the
truth OF the remark.
court OF justice has been happily denned to be
IA place wherein justice Is judlclallS administered"
The attributes OF those WHO should oillcate there
are comprehend d In the divine mandate to the
lsiacliles:-"lUdgcs and officers Shalt thou make
thee in all my gates wnicn the Lord thy COD
sna Judge the people with just judgment. Thou
SHAT hot wrcst judgment; thou snat not respect
persons neither take gilI; for glt dOtn blind
the eyes OF The wise and pervert the words OF lae
righteous" The constant, ,unallereJ, unaterabe
aspiration OF a minister ol the law should be to Se-
cure for himself The universal concession or ackaowi-
edgment
he SACRIFICED his private interest TO fne public good.
"Jstiy nu8lmaTt,ts" is a character tnat ought not
to be tolerated-nay, that ought not to be found.
DISTRICT ATTORNEY GARyIN's REPLY.
District Attorney Garyll replied TO the argument.
In lbs Introductory observations he referred to the
excited STATE or the pubic mind reference to the
alleged mlsappro Jllallon OF the puollc funds Oy onl
clals, and SAID tnat Just as the committees were
about instIrutng an inyestlgatlon INTO the ma ter
suddenly there came. ike cup Of thunder III Il
clear sky, The declaration mat the vouchers had
disappeared. But notwithstanding The invesri2a-
tlon or committees OF citizens the char ges of fraud
continually ringing IN the public ear that some
body was guilty OF great crime, whicn undoub..
been done ana who dld IL sl renamed
a mystery TO be revealed, for hone OF these CON-
hlttets hau appeaIsu yct ueioic tic uaHu Jury.
the election wlicn occurred TINS month was an
overwhelming upheaving, a groundswcll among
the community, and whoever was responsible Tor
this result must take the consequences lie tthe
District Attorney aid not suppose that the prison.
mad a Dlll among those vouchers which they
wished TO cover up, Out Inc question was, did they
put unholy aands upon those vouchers which be-
longed 10 the pubic ana carry them aways The
only light The prosecution had on That SUBJECT, ex-
cept the act i'seii, was the statement
OF Hagerty, who SAID, "Baulch did 1t
for me and l did 1t for another man."
Mr.. Garyin argued IN his characteristic
emphatic manner that The testimony proved beyond
doubt the guii ol Tie accused, aud therefore the
Grand Jury acted properly and legally In jnding
indictments against them. The District Attorney
sall that II the counsel or anybody la ine comlnI-
nifty could furnish SUFFICIENT evidence 10 show that
these prisoners were employed by other men to
commit this neIarloas crime hc lMr. Garvin) would
do all III his power 10 send them 10 the Stale PrisoD
because iney were Just as guilty as Hagery and
'Baulcn, He ithe District Attorney was opposed 10
admitting the prisoners 10 bali stating that lie was
ready and willing to ny them upon any day The