The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-23
r o S E N z WEIG.
Another Attempt to Release the Notorious
Criminal on a Legal Technically
as to the Recent Finding
of the Grand Jury.
Application to the Supreme Court for a
Writ of Prohibition.

witt OF PROHIBITION.
Since the General Term OF the Supreme Court re.
versed the conviction of the notorious abortionist
JACOB Rosenzweig his counsel Mr.. william F.
howe, mas sought TO secure the prisoners release
by insisting that the law OF 1869. under which
ROsenzweig was tried and convicted, had been by
the statute OF 1872 repealed, and that the law now
in force could not avail the prosecuting authorities
it being er post factO; that is to say, imperative,
for the reason that the law could not apply, be-
cause 1t was not enacted at the time OF the COM
mission of the horrible crime. 1t seems that Re-
corder Hackett concluded that Mr.. Howe's objec-
tons as to the repeal OF the statute of 1869 were
good but IN order not to thwart the due admnis-
tration OF justice and let loose upon the commu-
nifty this hardened criminal Recorder Hackett re-
quested the District Attorney to lay the facts be-
fore the Grand Jury and secure an indictment
against Rosenzweig for murder In the first degree.
Tais complied with and the result effected
which was published in yesterdays HERALD. Mr..
Howe claims, however, that the Indictment for
murder has no validity. He has accordingly ap-
piled to the Supreme Court for writ OF prohibition
to prevent the trial for murder in the first degree
ana bases his application on the following petit
tion:-
AND County Nav YoRK-Thc People VS. Jacob Rosenz-
New william F. Howe as counsel f for jacob 3
1 1s%sa 9S the s1vf
naSfa CAUSED a'vR Rs death the sss
arrasnsd a% said
as p 81 the tsss #
and an for the and eOny Of New that
there sentenced by the said Court to in the
ANA this pstSns
Tss as ss
AZ r.sn ne
said writ having been brought
ne sSe a aaE " % n city sss
SssrIas William Sq%s; goaHss! psa..snsr
sS the ann and Of the
trial therein And this asisndans your. petitioner
cassa to ' IN on at
chapter the Section s declared 81
an Was IN Ss sas and
ss aS S hn o
alleged to have been committed by ndIss
q ne Law: y isSs, hs Thr$ EsSlssd Statues,
ss nc hs s asSn Of and to se s ssS
ton Judgment and sentence theren the Legislature Of
s zen
declared Ss felony but i i made particular
in the State Prison for term not less than four years
lar to the said laws OF hereby
this defendant, your petitioner, further shows this
u Ss fsi the sas # l
Their provided by section thereof that all acts and
psasd And this yoar pei %
"sT on
District Attorney Of the city and county q New York
I'd r'fSs S1s AZ
s % 5sss Mssss ss siys
s Il ts Ike &c q
an
sso sSs' .1s 81
saa ss st ri: ss
the the
a % S * e the act e.
thereon and determination to again put this defendant.
the commission of the offence charged therein Where
fore this defendant petitioner that order
issue out of this honorable Court directed 10 Bena
min X Phelps ESQ.,, District Attorney of the city ana
special term Of this Court, to be held at the new
Court House, In the city and county OF New York,
the 26h day of February 1873 why writ Of prohibit
ton should not issue out Of this Court enonng restrain
ing and prohibiting him from the further prosecution %
this defendant upon the said Indictment and for the of
this Court the issue Joined In this action by the in
dicment therein and the special plea nerposed thereto"
and why the said Joined by the said indictment
and special plea should not be removed
the Peace to the General Term OF the supreme
Court, there to be heard and determined,
and any other further order in the premises which
sary. WILLIAM f. lowe,
duly says that he has read the foregoing petition
and that the same Il subscribed by him that he knows
the contents thereof and that the true of his
knowledge except as to the matters therein stated in
and belief and as to those matters he believes
sworn before me this 2lst day Of February 1873 A.
II. HUKxEL, Notary Public, New York county.
Both sides Will be heard on the application for
the writ Of prohibition next Tuesday morning be-
fore Judge Davis, at Chambers of the Supreme
Court and Mr.. Howe insists he will carry his point
ARREST OF POSTMASTER FOR EMBEZ.
ELEMENT.
HILLsBoRo BRIDGE, N. H., Feb. 20, 1879