New-York tribune., 1872-03-26
THE COURTS.
THE STOLEN VOUCHERS.

the Court OF Oyer ana Ierminer 10 Witntos e"o '' "
the alleged voucher thieves. Bnggerty and Bauich po,
OF whom were present attended by deputy sheriff.
Their COUNCIL Mr. Graham, appeared for them ana Dis
Garyn represented the prosecution nag
eery IA n man OF respectable appearance, proDapy :"
years OF age, with a long, wiry, reddish mus
tnche and a full beard clipped rather snort
He was well dressed. and looked like we'll
to-do business man. His coinpah'o"' Dau'V,'
OF about tho same age. but much more ordinary III aP
pearance His intellect Of the lower order ana ms
eyes small cunning. Occasionally ne huueeu MS
companion during the proceedings, put MS "o'"u'o'
were unnotced II tho accused were the tmeVes' mug
gerty must have been the leader and Baucn tc 'oo.
The result of yesterdays argument Is generally Regarded
rs virtual end OF the Mr.. Connolly cannot DO
found and until he ia produced, exJudge Garyin PLAINLY
SAYS that he cannot or at least should not go on Win
the trial. while he hints that IL he should be peSseu W
trial the acqual OF the prisoners Is more than proD
blc when the Court had been formally opened yester
day, District-Atorney Garvin said:
Tn regard 10 this of Bauch and Haggerty nave
continued my search. since my last appearance IN tn
court for Mr. Connolly. My returns this morning rom
ali sorcrs are that IL not be found in this country
have had ALSO consultation with those superior 20 me
authority and my conclusion !, that ms Gase Uufhs b
not Co be tried the part OF the people without tne
presence Of Mr. Connolly and, think Ill iusuce 5 ah
honor and fairness am bound to say that Having sau
H. have discharged my duty in regard TO It, me re-
sronslbty In regard TO this case Is very great ana II
doubtedy might subjected to very great censure IN
regard to it, think the true cour,e my duty lnoas @
|
| M M traham-I have no doubt that the Distrct-At-
toasy rnca has ,ha copana1 am personally
cOgniZan from several quarters tnat he mas ha ~,
| her of men devoted exclusively TO searching Tor the
complainant with subpenas to serve upon him in case
they found him. He has even gone 80 lar Us 10 SeI
agents into two other StatesOne oher state certainly
He has discharged his duty ~ the premises ~ now re-
mains for to insist that the prisoners pe ad ~ a.
% reasonable under the circumstances OF pa1 re-.
There will he controversy between myself anu r ,no
| nisfr
have all been presented upon aldhvits IN @ ene IN Close o
| con6nSment since the 2lst OF September last
six months and the health Of both has
were presented against them-onerfor burglary ~ the
third degree and % for grand pTeeGE co 99Sr S9d Sn
Won will agree with when say that no lnllctmens
Tor burglary in the third degree could be RTedcane U
breakage such this was into that ONCE Inc pr1eco
tion cannot possibly sustain that INDICTMENT mere
fore they must try them on the c drge OF aho ana %
made two motions in November last III .e W 0ouTc VI
General Sessions, a. to quash the Indictment OF buIgafy
were denied. Under the pressure when tsn 70
I'm the community. 1t seemed proper 10 t.ho eou. 10
@ deny position considering the intimidation and
terror scattered through the community py Wha was
advised the defendants to reman III prison until q
| nroper time when the prosecution should have had
| an onDortunty prepare themselves. inc cx-COn-
trouer Is not here. Under well settled rules Of law he
here There can be no secondary h ce TO
painant is possibly atainable and unless he Is dead
THE prisoners received notice before their arrest at
thew would be arrested and think their determination
tn remain and not y from justice strong argument
of their being admitted 10 ba ana Ill iaVor Vi
Mr.. Graham here read extracts from the brief which
he presented the Court Of General Sessions on the
motion to quash the indictments In which he reted the
circumstances of the alleged burglary Ho also cited
the cautiOusness or Mr. C0noI IN drawing te papers
his evident impression being that the vouchers had been
before the ih and that the marks OF burglary were
| for the purpose OF "b blind" Are not, asked Mr.
Graham tho words OF the indictments which mention
an apparent theft" everything but support to the
theory the present proseeuton DO they not strongly
almost directlycharge that the Controller VINO OF all
the world was the interested in the suppression OF
these vouchers assigned reason for their nonproduc
as a mere covert The prosecution can never move
without the appearance OF Mr. Connolly who Is the only
Mr. referred to the Cole Hscock case in refer
to sa9 9 he a ceS the deeon
Mogcboo. The witnesses against the accused were ex
rSP SoIy an and servant girl Of Mr. Hagserty neither Of
whom gave any notice OF the robbery 1nt mt after tae
We're in the office at all but Mr. Connolly and his absence
sbon,d be regarded fact in favor OF the accused Mr.
Graham then spoke of the extrayagant amounts OF pau
asked lately OF s5O00O and another III the case OF
Gentleman OF large property, of rOO which be called
,be most tyrannica proceeding that took place
| He thought that 5000 5000. under the circum
| stances was all that could be exacted.
| DstrctAttorney Garvin-I think, your Honor IL must
ne assumed that these indictments on trial IN this Court
are indictments which can and may be sustained In re-
gard to question OF bail and the motion made by the
prisoners counsel this morning hays only 10 say mat
mis- the second application. and the only application
that has been made bail since that made before Judge
fore us to be considered before this morning. en-
firely willing concede and do concede that when
the prosecution have made every possible eOr 10 Drng
the prisoners to trial and failed heni Is orte Court nn
dor all circumstances admit the prisoners 10 ball. That
do not deny and the circumstances OF this case are
such that there be doubt that the Court should
admit these prisoners bail; the only question i What
Is the amount Honor ought 10 takef submit TO
your Honor to give such an amount as You shall deem
just and proper have no suggestion TO make IN regard
fo that kept that the suggestion made by the counsel
on the other side Is putting the amount very low on the
two Indictments for burglary ana larceny ana the
| other for larceny.
Indge CardOzo-Judge Garvin comedies the fact that
in view OF the circumstance that he is not able to pro
coed with the trial. these prisoners should be baed and
there be no doubt that ne Is not ohy tgnt IN tna
concession that his conclusion not to try them at
present In the absence OF the late Controller - certainly
discreet There being dispute between the counsel
that the prisoners are entitled 10 De Daieu tne deieha
Garvin agreeing there seems TO be nothing left but to
fx the amount OF bail The whole rule upon that subject
| ALWAYS be reasonable in view of the circum
| stances in each particular case ana WIN
| out explaining the reasons when nave led me TO
that conclusion, have determined that 5000 ON each
Indictment would be right, and In tnat amount WILL
| direct the prisoners to be baiied.
| Mr Cralam-Your Honor will be in Chambers through
Judge Cardozo-I will be there all day, and will be in
fbe Over and TermiDer, which will keep open SO that
| they can be bailed at any time.
The bail bonds in the filed and signed by p
m before Judge CardozO Terence r. Smith and James
MCGOWAN became sureties for Bauch 5000 each and
Thomas Donohoe became surety for Haggerty In $4,000
Uaggerty and Baulch departed rejoicing, accompanied
by host of friends, among lwhom Gen. William NJ.
| Tweed, jr.
STEALING NEWSPAPERS.
| Robert Burke was recently found guilty, in
the United States Circuit Court, Of stealing "a packet