The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-21
COURT Of OYER AND TERMIAea.
Before Judge Brady.

BEFORE Jucge Brady.
On the reassembng OF this Court yesterday,
there being as usual large crowd In the court
room on the anxious lookout for something sensa-
tional in the criminal line, the Grand Jury came
into court.
Discharge Of the Grand Jury.
After the Grand Jury had taken their seats
Judge Brady SAID he was happy to inform them
their services would no longer be required during
the present month. This, Judge Brady cont nued,
was a condition Of alars calling for the most
earnest public congratulation. Ii was the
was not necessary 70 have two Crane juries en-
paneiled. This result was due unquestiOnably to
the terror tnat had been inspired LII the criminal
classes by the promptness o indictments found by
the former grand juries OF that Court. He hoped,
again, that tney would present the same formid-
able front to criminals. he then discharged them.
Delegating Legislative Power To the
Board of Health.
The Court OF Special Sessions last week con-
victed Washington Market butcher named
Charles Clark of violating the Sanitary Code. 1t
having been proven by the testimony OF Colonel
Devoe, superintendent OF Markets., and other
witnesses that the prisoner sold ,Dob veal, Clark
was sentenced to the Penitentiary for one
month and ined 500 in addition TO
the Imprisonment. His counsel, Mr.. William F.
Howe, having sued out writ OF habeas corpus
and certIorarI, appeared yesterday in this Court,
ana insisted that his client entitled a DIS
charge on the return to the writ OF nabeas corpus,
lnasmuch as there was no statute against such an
offence as that OF violating the sanitary COde.'
Judge Brady remarked tnat the question or
health was OF paramount Importance. anu he felt
1t his duty to Sustain the efforts OF all who sought
to preserve the health OF our citizens by legal
means according TO law; but the question pre-
sented had better be submitted to tae Jul Bench
at General Term, where it should be fully argued.
Mr.. Howe suggested that his client. Clark, should
be balied III the meantime, inasmucn as the next
session OF the General Term would not convene
until long after the term or tie prisoners lmprls
Onment had expired
Judge Brady granted the motion and set the
bail at $500, which, being readily rendered by
ClarK's friends he LETT the court room greatly re-
j0lced TO be once more at liberty.
The Railroad Bond Forgers.
In the case OF James W. Johnston, indicted for
alleged completely the forgery OF Buffalo ana Erie
Railroad bonds, Mr.. A. Oakley Hail moved a reduc-
ticn OF the ball. which had been placed at $4,000.
He urged Jhe basis Of the motion the long time
the accused had been In prison, the diatorlness OF
bringing the case TO Trial and the fact that
recent developments went TO show his entire inno-
cenee OF the charge preferred against him. Dis
trict Attorney Phelps acknowledged the force OF
the application, and upon his consent the bail was
reduced TO $1,000.
Similar application, based upon the same state
OF facts and with similar result, made by Mr.
dove in the case OF Joseph ]. Yates.
Violating the Election Law.
The trial OF various parties for alleged violation
OF the Election law was set down for yesterday.
One 1t appeared. had gone to California, and his
bail was accordingly declared forfeited. Counsel
for the others Were not ready, and so the trials
were postponed. day for trial being fixed upon,
however, Ii eacn case