The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-20
ALLEGED BLACKMAILING OF A CLERGYMAN
The Case of Emma Capitalization to
Withdraw Her Plea OF Not Guilty
Granted by Judge Bedford.

The Case of Emma Capitalization to
Withdraw Her Plea of Not Guilty
Granted by Judge Bedford.
Yesterday, in the General Sessions Messrs H. L.
Clinton and f. Delafeld Smith made an earnest and
successful effort to permit Emma Couch, who has
been indicted charged with conspiracy in writing
Matchmaking letters to a clergyman Of the Pro-
testant Episcopal Church in this city 1.-THE Rev. Dr.
Carter, to withdraw her plea OF not guilty
THE FACTS IN THE CASE.
1t will be remembered that the accused was ar.
raigned week ago. having been brought into
Court on bench warrant, and pleaded not guilty
to the Indictment charging her with endeavoring to
extort money from Dr. Carter on the ground Of al.
legged criminal intimacy between them.
MI. Clinton moved for leave to withdraw the plea
Of not guilty rendered by the defendant in the all
sence OF her counsel in order that they might move
to quash the indictment, they believing that no Of
fence had been committed by her within the statute
Mr. Smith said that when the case was up before
the committing magistrate he understood that the
young woman was discharged upon her own recop
niZance, and that the case would not be pursued
further.
TIFF BETWEEN COUNSEL.
Mr.. Sullivan informed the Court that he did not
wish to extensively contradict the counsel but he
wished 1t to be distinctly understood that no stpu
ation or agreement or promise was entered into by
him to refrain from prosecuting the case
The counsel made an earnest appeal to the Police
father he 1.-THE COUNSEL stating that Emma's
father came from the country to endeavor to save
from ruin his fallen daughter. She was permitted
10 go upon her own recognizance, under the belief
that she would withdraw from that life which her
counsel said was one OF shame But shortly after
wards statement made by the defendant appeared
In well-known newspaper reiterating the charges
made against the clergyman, who then felt it to be
ms duty 70 appeal to the law and have the case
prosecuted, so that his character might be vindi
Gated from the foul and slanderous accusations Of
the girl
Indictment covered 40 pages and would reauire A
day or TWO to read 10 through. In the course of the
speeches OF poth counsel they called attention to
the fact that Dr. Carter had never yet denied under
oath the main charge preferred against him.
Mr; sullivan replied by saying that the learned
gentlemen might not trouble themselves about that
Tor when the trial took place the prosecutor would
solemnly swear that the charges made by the de-
PENDANT were utterly unfounded and false Other
clerRymen beside Dr. Carter were made the vic
Tins OF
DESIGNING BLAcKaAnERs,
and without passing a judgment upon the facts in
this case, he, as the Assistant District Attorney for
the people, desired to have the case tried and dis
posed OF without further delay.
JUDGE BEDFoRD's REMARKS.
Judge Bedford said The granting or denying Of
the motion now before me rests in the sound and
honest discretion OF the Court. If remember cor
reety Emma Couch was brought here by virtue of
bench warrant, and consequently wholly unawares.
At the time that she arraigned she was without
counsel and put in n plea OF not guilty. The
sci now representing her inform me that II they
had been present they would not have put In plea
OF not guilty, but they would have moved to quash
the Indictment.
THINK 1T BUT PROPER,
right and just under the circumstances to allow the
plea to be withdrawn, and for the Court to enter
tain the motion TO quash the indictment; which
motion, overruled the trial can proceed at once,
which motion, IL granted the District Attorney can
reindict. Therefore, gentlemen, you will agree
upon some day for this motion to be argued; and,
as IL represented by the counsel for the accused,
the Indictment covers 40 pages, which will require
several days for preparation, fsuggest that IL go
over LOT tne term so as to have IL fully argued
MT. sullivan said that he required no further ex-
tension OF time, but was ready to maintain the in.
dictment at any moment
Mr.. clinton said that II would require horse
ara cart TO bring the Indictment into Court and
thad ne could not possibly be ready this term.
ARRANGEMENT OF THE PRISONER.
me prisoner Emma Couch was then arraipned nj
the bar. When she made her exit from the prison
box and walked toward the bar the ewes OF a
crowded court To9W were liked upon her. MISS