The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-31

The Case OF Moor, tho Alleged EmIgrans
svviudler-AIosion to Admit Him 10 Ball
Moore Dying in the City Prison-Recorder
Haciett Grants Bail In tho Sum Of
$4,000.
Before Recorder Hackett.
The Recorder presided yesterday In the General
Sessions tine purpose OF hearing motion to ad-
NIT Charles Moore 20 ban ne being now de-
tanned IN the City Prison under an lndlct.
ment for grand larceny. The allegation
is that he telOniOusy possessed himself
OF 5000, belonging TO German emigrant named
Anton Kornach VINO bought a ticket for passage
TO Germany In Moore's bogus steamship ONCE
This case has been fully reported In the HERALD,
and the statements made yesterday were substan-
TALLY The same W those that were adduced when
the matter Was previously be ore the Court.
Mr.. Howe. In making the motion IN Dehalr OF
Moore. said he based u upon the ground that the
defendant was Ia dying condition. that there was
NO complainant 10 appear against him ana he could
would he VIC alton o, Law, and lnat tue lnte csis
or public justice could not ne served by Ills further
tss Tahs M vscian as weI as m dav;t of ne
accused, winch set forth mat Moore Was suffering
IRON hemorrage OF the lungs and was III dy ing
District Attorney Garvn opposed the motion for
MOore's discharge. and proceeded 10 recite Inc his
remember Tor It's atr0city. The Indictment was
found against Moore the 10Th Of August last, ana
from That time I'LL the TIN Of December the COM
planning witness Vas detained IN the House 81 ne.
tenLon, until hnaS he was released by nabeas
corpus issued by Judge lngraham. rive DAYS after
ne lett the city. Moore, VINO had forfeited his ball.
returned to New York when ne Thought Ii
sale TO do so. MT. Garvin gave de-
tailed statement OF the persistent Efforts
made by hlm his assistants and the Conmls.
siOners vi Emigration TO induce kOrnacb 10 return
10 Ncw York from The Wcsi, he tMr. CarvIn) otter.
l TO pay his expenses out OI MS own pocket. lie
asked the Court ~ give MN longer time Tor the
purpose Of seeing II kOlnack could not Oe found,
that moore might be tried and sent 10 the state
Prison. lie uhe District Attorney had done his
duty IN this case, ana would acquesce III any order
HIS Honor mign. make.
Recorder iiacKett SAID that he had never known
CRIMINALS more earnestly prosecuted IN that Court
than were the eniigrant swlliier5 by the District
Attorney and mis- assistants. Inc Court had In all
cases refused applcatons 10 postpone their trials,
ana when GOnvicteu NJ lhe Recorder) sen-
penalty o. the law. lie believed that Moore ran
away tor the purpose Oh evaulng justice, ana only
returned to New 0rk wnen he learned that the
witness K0rnach had ucen released and he thought
he could do SO with perfect impunIty 10 himself.
Hut tile question now comes ny, now long should
men be confined 10 JAN when the District Attorney
Is utterly unable 70 state when he Will he able TO
produce the Only witness through whose testimony
conviction could he ODiained9 think 1t would
be mUustrOus outrage for ine, SAID HIS honor, 10
keep this man III prison longer under the crcum-
Stances the TACT That one Of tile commissioners
OF EmIgratiOn In reply " an inquiry US to the
probability OF securing the presence Vi K0rnacn,
informs that ne Is utterly unable TO get the Wit
ness here. ihink Moore ~ entitled TO bail, aud
oruer him u be bailed IN the sum vi $lO,0O0.