The New York herald., 1875-09-02
PROFESSIONAL CRIME.
Another Interesting Meeting Of the
Legislative Committee.
A Criminal Falsely Re-
ported Dead.
District Attorney Lyons Explanation Of How 4
NlalefactOr Was Acquitted.

yesterday morning, at eleven O'CLOCK the committee
Crime resumed its sessions in the OF the Board
Of Aldermen. The attendance OF spectators was much
smaller than the previous sessions, and there
conspicuous absence of police captains, who that
they have had their rakng the Goals have prob
ably lost all interest in the proceedings The evidence
bore mainly upon the Aarons bail case, in which prs
oners bail bond cancelled under the false precnce
that he was dead upon of Quinn who tried TO
rescue some housebreakers, and, though arrested
escaped punishment in mysterious manner; on
the case of Cunningham who acquitted on the
charge OF numbering Michael Mccarthy, as 1t was
claimed because the District Attorney careIessy failed
at the trial to prove the laters DEATH and the mys
terious discharge Of Robert r. Williams, convicted OF
grand larceny, from the Tombs for stated reason.
! The examination was conducted by Mr.. Townsend
counsel for the committee and Mr. Aub his assistant
| and was carried on with great rapidty
MAN FALSELY REPORTED
| The first witness John O. Mott who was counsel
for Levi Aarons, charged with receiving stolen goods
He said he had not produced evidence that Aarons
dead but had made every effort TO bring him trial.
he had made three attempts have Aarons released
ball. because he sick; motion made to reduce
| bail before Judge Sutherland, and after Aarons
taken from the prison the statement made in Court
that he dead; the witness had made inquiry about
it, but had not positively said that the man was dead
the record would show that Aarons not recovering his
health, and desiring to go California, his daughter
endeavored to have his bail reduced the witness had
asked Assistant District Attorney Russell to enter an
order for his release for these Mr. Townsend
counsel TO the committee, read from the record that
Mr. Russell recolected that mention had been made
of Aarons death, but not positive that Mott had
said The witness District Attorney Of
Saratoga county he had never heard of application
for the release ola from bail after his DEATH he
supposed that such event released bail bond with
out further process; he did not know how the word
''died" came to be the back of the indictment Of
Aarons.
Orlando L. Stewart was called, but was not present.
Mr. Sparks Clerk of the Court of General Sessions,
also called, but did not respond
A CRIMINAL AT LARGE
Ollcer Daniel G. Fagan of the Thirteenth precinct,
testified that he remembered arrosting Patrick Quinn,
whom he with two other men attempting TO break
into store; he knew Quinn well, and had arrested him
before; when he arrested him the first time the
dictment for robbery; he had never received any
notice of his trial; the witness did not know what had
become of him after that arrest; he knew that the
prisoner at large; the witness name
the indictment complainant
CLIENT TURNED STATES EVIDENCE
Orlando L. Stewart then testified that he was o
counsellor at law and counsel for Reidemacher whose
has been described in previous testimony before
the committee; the friends of Aarons called to retain
witness for him aso but he could not act for both their
interests conflicting; afterward the witness had
been asked reduction of bail in Aarons case
which he did; he had made a motion to have
Aarons' bail released on the ground that Aarons
dead; it was understood that Reidemacher be
used witness against Aarons; the witness had
urged the trial of the case which delayed from
month to month account of Aarons' illness;
had come his office and said that Aarons dead
inquiry particulars about his death he had asked
| for information of Aarons son-in-aw, who confirmed
the reported death; in Mr. Russels presence the
inaw had repeated the report of tho DEATH whereupon
the had asked for the discharge of his client be-
| cause he had turned States evidence.
PRUDENT AND WHAT ISN'T
| The witness said he made any application for
the discharge of Aarons bail because of his DEATH he
| not present when the daughter had represented
| that AarOns had fingered along and then died; he
thought the practice of the courts permitted plea Of
an attempt when the indictment showed Il commission
OF crime; he had never heard of Of discharge Of
bail the death of prisoner; the witness had been
| in practice Of criminal law since 1852 he never
changed any words with Mr. Russell in regard TO Aarons
after the Reidemacher disposed of he did
think that it prudent for prosecuting officer to
accent the announcement Of the death of prisoner held
trial without the accompaniment of proper vouchers
for the fact; matter Of precauton papers certifying
| a death IN SUCH a should be submitted
| MISTAKES THAT COULD DE AVOIDED.
Moses =. Clarke chief clerk OF the District Attorneys
Office testified that an affidavit produced showed that
cases. could not be found; discharge by 'procLlna
ton" on Saturday would not be unusual although
|
would be dated on Monday following the court from
which it was issued; it would be the witness duty to
that prisoner discharged on indictment should
be held lor another pending against MIN IL was his
duty to lind out whether there than in
dctment against prisOner record was kept of men
wanted 70 which he could have turned he did not know
OF anything which caused the prisoners discharge In
reply to an inquiry from Mr.. Campbell rs TO whether
such mistakes could not be avoided by amending the
of proceedings in the Court Of General Sessions
! the witness sand he presumed they could
AN ARGUMENT ABOUT LAW.
Mr. Townsend now treated the committee and the
audience 70 some elaborate readings from huge law
books for the purpose of showing that II nadmiss
BILE accept plea OF attempt when the commission OF
| an offence had been clearly established.
MIR. Stewart argued that plea permissible, be-
cause the fact Of the commission Of the charged
could not be established without evidence
WIDOW McARTnYs
Caroline Mccarthy testified that she the widow of
Michael Mccarthy who killed by Michael Cunning
ham she had gone with Mr.. Townsend to the District
Attorneys office; effort made TO witnesses
for the trial. she first knew that the murderer OF her
husband had been tired by reading the newspapers she
did remember who tried that for the people,
| but believed II was Mr.. Lyons.
The whole of the murder of Mccarthy by Gun
ningham recOunted by the witness IL will be
melnbered that the murder was committed IN Mckenna
Duny's DarToom, corner OF Sixth avenue and Forty
third street Mrs Mccarthy testified that while
Mccarthy lay in his after the stabbing Cunning
ham distinctly declared TO her that he had committed
the murder and that If she widow in the morn
ing he had made her so; DR. Frman, who attended Nc
Carthy had advised the witness to compromise with
Cunningham and ask him 10 pay the expenses OF the
physicians but she had refused witness had reported
the 10 District Attorney Phelps, and he had prom
sed to attend to it the witness Cunningham
the street and asked officer Cameron OF the Nineteenth
precinct " arrest him, but he refused TO do Gun
ningham was not arrested until the next sunday; the
witness had not caused Cunnngham's immediate arrest
because she was assured her husband would get well;
Mr. Duffy came into the witness house and skore aL
her shook his fist in her face and sd she had right
to cause Cunningham's without informing either
| himself or McKenna
why cuNMSGHAM WAS ACQUITTED
Mr.. Townsend read the record OF the case, showing
that but four witnesses Tor the defence examined
whom the case was called In Aprn, 1873 and that the
jury found that tile act committed in sefdcfcnce.
verdict OF acqutsl was found by them without leav
ing their seats
william O'Dwyeri an attorney, testified that ho knew
Mrs Mccarthy and had been asked by her TO conduct
her case; lac went with her the District Attorneys
ohcc and heard her statement before Mr.. Phelps Mr..
Phelps promised TO attend 70 1t and notify the witness
when the case came up lac had heard that Cunningham
was 10 leave the city, and reported II 10 Mr. Clarke,
who said Cunningham would be taken care Of; the