The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-09-03
BUSINESS IN THE OTHER COURTS.
COURT OF OYER AND TERklNER.

Arraignment Of Frederick and His Plea
of Not Guilty-Pieas i'm Other Homicide
Cases-NO Escape at Last for FOgarty-
The Alleged Bogus Deputy Sheriff.
The Young Man Clark and That Miss
ing Dog.
On the reassembng of the Court OF Oyer and
Termner yesterday morning-Judge Daniels on
the bench-there was the usual large crowd in
attendance. The Court however has not yet got
into such working order as TO be able to proceed
with trials, but will doubtless within two or three
days. Those who were disappointed in not hear
ing detailed evidence revealing crimson crimes
felt probably partly compensated in getting a
glimpse OF Michael c. Frederick, who selected
as the victims OF his murderous assaults his
own sons. He had been indicted for murder IN
the first degree ana when called upon to plead to
posed in his behalf the formal plea mot guty.n
A similar plea was also made by Mr. Howe as
counsel Tor casper Schulz, against whom like In
dictment had been found for the alleged murder of
his wife. Patrick Casse was also called upon to
plead to an Indictment OF man slaughter in the first
Gegree for killing Peter Wilson. MIR. Howe, who
had likewise been retained in this case as counsel
put in for his client the usual plea OF not guilty.
The trials were all set down for neXth month.
The Fatcs Frovvn on FOgarty.
John Fogarty was brought into Court in obedi-
ence to writ of habeas corpus which had been
granted the day previous upon application of his
counsel Mr.. William +. Knitting. Fogarty 1t an.
pears was man of considerable note at one time
in politics, and during an election row committed
an assault with pistol upon one Peter Dister. He
was subsequently tried in the Court OF General
sessions, before Judge Bedford, at the September
term 1871, convicted and sentenced to term of
Imprisonment OF eighteen months in the Peniten-
tiary. Upon the 9Th OF November following he
made his escape, and had been at large up TO June
last, when he was recaptured and taken back TO
the Penitentary TO serve out the balance OF his
unexpired term OF fifteen months and twenty
seven DAYS. Upon the return Assistant District
Attorney Lyons appeared lor the people, and Mr..
Knitting for the prisoner, the latter being accom-
panied in Court by his wife, fine and dashing-
Mr. Lyons read the return OF the Warden, set.
ting forth the above facts, and also produced the
order OF Judge Davis, which had been made when
the case was previously before the Court, commit
ting him to the custody OF the Warden.
Mr.. Knitting c0ntended that the return was IA
tally defective, in that the orlg na showed its
face an expiration OF his sentence-to wit, on the
god Of March, 1S73-and that the order made by Mr.
Justice Davis was not valid. He did not dispute
the power OF a Court, upon Information sugges-
tion on behalf OF the people, TO send an escaped
convict after trial OF the question OF his Identity
and escape back 20 serve the balance OF an unex.
pred term. In fact, such course was provided TOR
In the Revised Statutes. The question In this case
was as TO which is the proper tribunal to issue the
order. and whether Judge OF the supreme Court,
sitting at Special Term, has such power. Judge
Davis exercised IT, and the prisoner IS held how
by virtue OF that order. Mr. Knitting then referred
to q decision at General Term OF the supreme
this was presented to the Court, and where Justice
Miller who wrote the opinion OF the Court, held
that where prisoner escapes during the term OF
his Imprisonment and Is retaken alter the term for
which he was imprisoned has expired he may be
returned to the State Prison by the Court which