The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-08
YORK SATURDAY 1s7s-rRlPLB SHEET

unfortunate girl should have new trial Kosen'
xweg was indicted for the homicide on the 10Th OF
September, 1s7l, and was subsequently tried and
convicted, and on the 18th OF October following
was sentenced to the State Prison for seven years
ct hard labor. 1t win be remembered that an ap-
peal was taken and the General Term OF the Su-
preme Court reversed the decision Of the lower
Court md ordered o new trial. This he, through
his counsel now moved to set aside, and demanded
his discharge. The special plea in support is based
upon act OF the Legislature OF 1872, relating to
the procurement OF abDrtions, and which, 1t is
claimed, repealed the statute Of the State under
which the prisoner was previously held and con.
victed, and that he cannot be legally held
for the offence committed as against
the previous statute under the pres
ent statute. This is the present ASPECT
OF the case. Whether by means Of bungling iegis-
lation SO dire an offender against the laws Of the
State and OF humanity shall after all 90 unwhipped
ofjusice remains to be seen. II he should the people
themselves will have to answer for it in this, that
they are so wholly reckless OF the sacredness that
should attach to law and the administration OF
justice that they elect their lawmakers political
empires and ignorant tricksters, and that legsla-
ton 10 the hands Of these men, and the laws passed
BY them for the preservation Of public morals and
the protection of life and liberty, are q mockery,
Q delusion and snare.
Proceedings In the Case Yesterday.
District Attorney RUSSELL have called Jacob
Rosenzweg to the bar, having been informed this
morning by his counsel that he proposed to inter-
pose special plea to o second trial of this case.
What the facts are, what the propositions OF law
are upon which this special plea is to be filed TO
stay the action OF the Court, do not know think
this time. II there are such Questions of law, OF such
gravity that this man may not be convicted. those
formal trial OF the case to the jury Mr. Howe has
informed me he ID now ready to argue the ques-
tions he proposes to raise
Mr.. william F. Howe said This defendant az
Your Honor Is aware, was indicted on the 10th OF
September, 1871, for manslaughter charged With
the killing Of Alice Augusta Bowlsby. That IN.
dictment found under the Laws Of 1889, chapter
by administe ring to woman with child any drug
or medicine, or using Instruments upon her with
shall have be en- necessary to preserve er lie and
IN case Of the death Of such child, Of Of such
woman. the party shall be deemed guilty Of
granddaughter in the second degree. The penalty
Tor that offence was seven years in the State
Prison. This defendant was convicted. The con-
Term Of this district. Pending the appeal which
was taken from the judgment here by writ Of
error the legislature Of this state on the Sth OF
repealed the act OF 1869, substituting the term
"Ieionv' for granddaughter" although man.
ment TO twenty years IN the State PrisOn-"for
term not less than four or more than twenty years
In the State Prison."
Mr.. Howe proceeded to interpose the special
plea which he read and which sets forth the
record Of the previous conviction. The ground
taken by the counsel was that the Legislature Of
1872 passed an act repeating the act OF 1859 relating
to the procurement Of aborti0ns, and therefore
there was no Statute of the State under which the
defendant could be tried at the present time And
further that the statute under which the defendant
was now arraiRned and put upon trial under the
Indictment in this cause to the offence charged
therein Ii eS post Nact0, which he was ready to
verify. The defendant accordingly prayed the
Judgment OF the Court that he might be discharged
without trial.
Mr.. Howe read the laws OF 1909 and 1872, and in
an able argument contended that the last law
could not by any possibility apply to the 0f7ence
charged against his chent because the alleged
offence was committed long before the passage OF
the act.
The Recorder minated that the only question
was whether the act Of 1872 repealed the act Of 1859
on this subject.
District Attorney Russell said that IL was sum.
cient answer to the first part OF the special plea OF
former conviction TO say that the General Term Of
the Supreme Court ordered the defendant o new
trial. The other portion OF the plea was q novel
one, and he required time to investigate 1t.
It was finally determined, in view OF Mr.. Howe's
IN the trial Of Scannel for murder, that the further
discussion Of the question be postponed till Thurs
day next. Rosenzweig was remanded to prison.