The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-26

one for burglaTiously entering the COmptr0llers
ONCE and the other for grand larceny in stealing
certain vouchers placed for safe keeping IN this
depository OF city accounts, was brought up again
yesterday IN the Court OF Oyer and Termlner Judge
Cardozo, who, during the present term, presides
ever this branch OF our criminal courts, occupied
sne bench. The prisoners, who had been brought
there under the escort OF officials attached
to the City Prison. looked in excellent
physical condition, their appearance GER
tainly hardly jusnfylDg the subsequent statements
OF their counsel about their health having been
grievOusly impaired by their prOtracted mprison-
ment But few spectators were In Court-a fact
showing c0nclusivey how rapidly in this great city
OF perpetual weary unrest for new causes Of excite
ment what Is one day matter OF absorbing interest
subsidies into matter hardly considered worthy Of
passing notice.
WHEREABOUTS OF Mr.. CONNOLLY.
This formed the burden Of the opening remarks Of
District Attorney Garvin. He SAID That since they
last appeared in Court and the counsel for the prs
Oners Baulch aud Hagerty, ana himself discussed
1t length the proposition OF proceeding at once with
Sheir trial or almit them TO bail, ne
had continued his inquiries and search 10 ascer-
sam the present whereabouts OF eX-COmptrolier
connolly. His latest returns from all sources
whence he had sought information was that Mr.
Connolly could not be found In TINS country. This
duty say that he could not property try this suit
on the part OF the people without the presence OF
Mr.. Connolly. he felt bound IN justice and honor
70 say this: anu having said his he felt that he had
GREAT RESPONSIBILITY.
He urged further that la the conduct OF this trial
great responsibility rested ON him. The RESPONSE
bnity was Vi tuat ve,y grave character that II ne
should 10 on with the trial IN the absence OF Mr.
COnnoiN ana Ian 10 convict the prisoners Le would
be subjected to great censure He therefore deemed
II MS duty to say that he Was not prepared or WILL
ling 10 enter now upon me trial. Ihis was not his
view alone OF the CASE, out he mad consul ed Others
ana their views conceded with his own IN THIS
vegard.
Counsel for the prisoners said that nc had no
dOubt that the District Attorneys wei directed and
well meant efforts secure the attendance IN Court
a Mr.. Connolly, the Complainant IN me case mud
thus lar utterly taed. lie had nlnself been cognA-
GanI from several quarters that me Districl AT.
tOrney nad u NUMBER Oh men devoted exclusively
TO tue search Tor AIR. Connolly, and that they mad
failed In tneir mission and IA securing Tue personal
presence OF Nit. Connolly Ia Court. IL Only re-
manned for MN 70 insist that we PRISONERS be
ad'nitted 10 pal, and that they be admitted 10 bail
on the spot anu that the Tail We fixed 1T reasonable
sum, such as were warranted ny the circumstances
o. the Case. He gave u prlel SUMMARY OF the rob-
berry Oh the vouchers, AID added that he prisoners
had Ueen close confinement since the z7tn 0f last
heptemDer-a period 81 nye months, IN which Time
me neatn or DOtn mad peen greatly impaired.
TWO lNDICraENrS.
Tnero nad been presented against the prisoners
two ind,ctments-one Tor burglary III the tnlrd de.
gree anu one or grand larceny, In his view no IN
alcIMent 0I burglary IN tue thirt uegree cuuid be
predlcaole OF al entrance through The door Of the
COmptroer's once, anu II would DC impossible Tor
the prosecution 70 sustain the Indictment. Ills
Honor knew the position Of the Comptroier's office,
aud tnat tue putting In OF the nand through u
brOAeu glass anu opening the door diu not coustl-
cute bur1iari III the tnird degree Against The PR.
eOners tnere was really Only one Indictment, and
they ought only W be triei on the Indictment oil
grand larceny.
PRESSURE or POPULAR TUMuLr.
In November last In The General sessions no
moved TO quash the indictment and admit the
prisoners TO oail. Under the pressure q reform
Thought proner to aeay tne no.,on. he ana not
ros,lon NJ c"aslaensp the ntmii.on and .er"r
scattered throughout tie communi.y oy what y as
tipn, and he therefore advset The PRISONERS 10 re-
main PRISON until the proper tlne anu 80 that
the prosecution coulu have ample ltme ~ prepare
ttsciI lVr the prosecution The pilOuers were Kept
In prison Blk weeks Deiore they were indicted.
RAP Al IHE GRAND JURY
This indictment was purely "A mater OF tyranny
ana oppression GU the part Of ,Ge Grand Jury,
law uody, when seemed 10 think that they could
do exactly what tney pleased. In t.il5 case me
complainant was the late Comptroller vi tnis Guy.
II was clear thai he was necessary witness Tor no
was the custodian GA thOse papers and no only
could prove mat he nau not them stl, which Was
the presumption oil Tic law.
TIE HERALD AS AUTHORITY.
He read an account n tue NEW YORK HERALD
ON the list inst. Vi an "n,erview" between a
Fuuian, by wnlcn was conclusive, as he calu,ed,
that AR. Coanoily would not appear 70 testify OK
cluded mat he would not De found until his own
cases were on trial.
In relation 10 the question o bah he wished 70
call attention To the lact that the persons Kuew
through tie public prints, that tney were to De ar.
rested some DAY before they were arrested, and
had all Opportunity w escape, Oi winch they mad not
avaiel themselves. On the argument 10 quas.i the
Indictment lie had presented what lie hero re-
newed, maj the people, III their civu and criminal
proceedings, presented contradictory theories. In
tLe4r clv suit they presented Inc idea &haJ tucse
vouchers nad ocen gradually apStratei rom time
to time, and inaI tue appearance OF burglary was
10 cover up this abstraction. Tnis nc GAINED,
was evident lIVn NE wording OIL Inc Complaint
drawn by MIR. Ulonor. In tn,s suit their tneory
different, but IL presented still more clearly the
cessity OF the presence OF MI. Connolly.
REASONABLE BAIL DENANDED.
lie proceeded to argue lldt Inc parties were cntt-
Ned 10 paI, auu 10 reasonable bal. Lately hail q
million seemed TO nave been nou8nt reasonable
ball. and IN one case citzeu nad been he'd to one
million or dollars pail Inc nivst yrannical act Inch
ever took place under repuDiican government.
reasonable, according TO wen settled Judicial views,
aud tnis IN view Vi The crcus ances oi inc prison.
ers, should net be over $3.50 on each lndCtnivnt
Il. GARNIN on THE BAIL QUESTION
Mr. 0arvIn said ne supposed II must ne assumed
that these indictments could be maintalneu; out no
did not at all deny that where as here, alter the
prosecutor had made every effort 10 propare Tor
trial, they loond themselves unable 10 proceed
win the trial, the accused eutliled to bc
baned; but he did submit That tue amount named
by the counsel Tor the prisoner Was nucn too low.
TUE JUDGE SETTLES THE NATTER.
Judge CardOzo sald that, lnasinuch as the District
Attorney comedies the TACT, III view OF tae clr-
e0inatance mat he Is not able to proceed with tue
trai, tbat these PRISONERS Bnou,d DC oaied, and
shere " no doapt tnat ne Is not Oily rgut III mat
~ lreScnt, In tie absence Of tue late Comptroller,
is certainly discreet There being no dispute nc
tween INC COUNSEL that me prisoners cntjtcd 10
De paieo me aeiandants c0unsel claiming that they
snouId De anu Judge Garvin agreeing there seemed
70 DC mounting let Tut 10 Tx the amount Ol ball. Tue
whole rue upon mat subject may summed up IN
the statement, Dali snail always be reasonable In
Wow ol Tue circumstances Of each particular cases
Rnd, without eXDiNhlnR the reasons when nave
led me 10 that CONCLUSION, have determined that
$1,000 on each lDdlctMent would be riuut ana in
tnat amount will direct the prisoners 10 he balled
COUNSEL Tor prs0ners-iour Honor viii he In
ChamDers through the dayY
Judge Cafoozo-l Will be there all day and Will
be IN tue oyer and 1ermlner, winch / via Keen
open 50 that they can be Daled ut any time
RELEAsED ON BAIL.
At quarter OF two O'Clock the BAH for Hagerty
And Baulch appeared. For Hagcrty, Thomas Dono.
hue became bondsinau, qualifying Tor tne whole
amount; Tor Baulcn, terence r. smith and James