New-York tribune., 1875-09-02
INVESTIGATION OF CRIME.

N:w EVIDENCE IN THE AARoNs CasE-THE CHEF
CLERK OF TIE DHTRICT-ATrORyEY's OFFICE on
TIE sTAND-THE MCCARTHY MuKDER-A SIN
GULAR DIsCIARGE
The investigation of the Legislative Commit
tee on Crime was resumed in the Common Council Cham
her OF the City Hall yesterday morning. Assenblynen
Campbell, Hess MCGOWAN, and Dessar, were present
John O. Mott, a counselor -aaw, the fist witness
lie testified that lie had been counsel for Levi Aarons
hut had never introduced any adavits showing Aarons
10 be dead, although Aarons's bail had been DIS
charged apparently that ground. Witness SAID
he lad done all he could to bring Aarons TO
trial AarOns in pson, and tie witness was appled
T. by Aaronss son TO become his counsel 30 AS to
procure his discharge on bail Aarons was sick at the
tine and motion made by the witness in his beha
before Judge sutherland, for reduction OF BAIL Inc
hail was reduced two three times and the amount was
furnished Some time after Aaronss release On bail
witness was court and heard Orlando Stewart state
that lie had been informed that Aatons was dead MT
Stewart appeared ia behalf Of Radeinacher, who lad
been indicted with Aarons and who desired 10 appear s
States evidence against him. Witness had never stated
that Aarons was dead Some months after, AaIOns
wished to go California but was afraid to leave this
city, as he would be arrested by his bail. Witness
thereupon saw Assistant District Attorney Russell about
The matter, and Mr. Russell consented 10 discharge
OF tic ba bond of Mr. AarOns. Aigons not put on
trial The bail bond discharged OIL the sole ground
chat Mr. Aaons wished to to California ior the dement,
of his health Witness did not know on what authority
tie mention of Aaronss alleged death had been put on
the pers OF the Aarcns is still living
Orlando l.. Stewart, being sworn, testified that he had
heard that Aarons dead and had made statement
TO at the time sentence was pronounced Oh
Ealcnacher Witness not counsel for Aarons, ex-
cept on motion to reduce his bail Witness had pro-
duced no adayts OF the death of Aarons Rad, nacher
had been indicted for a grand larceny. He pleaded
,ity TO an atteIpt, and sent to The State Prison
Witness did know Of any law iorDitdlng plea oi an
stempt at crime when crime had really been com
IDitted.
MIR townsend, counsel to the Committee, thercupon
read TIC following section from page 9S9 vi volume III
OF the fifth edition Of the Revised Statutes;
No person snail he convicted of assault with intent
20 commit crime, OF any otHer ateinpi 10 commit any
Oncnse, when 1t shan appear tat lie oTiio III "' - ~
the oe nse attempted was perpetratod ~ such peisOn
al OF such assault or III pursuance VI hucL nv
tempt
Tine case OF Patrick Quinn was next inquired into.
ounn IA appeared from the testimony aul the ords.
had been ndictcd twice. The first Indictment Was iof
burglary committed by him, jointly wl'h Two otncrs' ID
December, 1873. The other was for robbery slOit
time sfterward. lie not put ON trial Tor etncf
olepsc, and was arrested on only one IhiIcuL.ht
OGBeer Daniel j. Pagan OF tho Thirteenth Prcc'nct
WAS sworn and testified 10 arrcsting Qnhi. lie
had not been subpcnaod to testify against Quinn
MI Townsend then read the complaints aga.nii Qllnn
against Quinn stated that The witnesses .oGld mol
b. found. Moses T. Clark the CHIEF eie1k oi Tie DtIiet
schpon wac put ON the aper ai.er search 81 nad 9e'9
made the Witnesses as Was shown Dy Tie dld6s "l
Charles H. Marssc, which was Among the papers IhIs
aUidayit Ihen read ~ ar. lownS,hd, WHO showed
that Marsac that nc able 10 serve only orc OF
lie witnesses. Mr. Townsend also showed that Quinn
Wa discharged from custody Wbhe aAOtcf ihCictueb
was sLiil pending against Llui ...,., ,,n
Tha next oa.e .dered was that OF Mic1GeI Mc ar
thy vino alleged TO have been muir, red ~ ais ha
Gum In the liquor store Ui Mck una Dnhy, n
Rixth ave. and Fortythirdst on Aafca 81, 1879 From
the testimony II appeared that Cunningham bad boen
,l,c.d on trial In Court O oyer anc Icfmher, as-
hsIan DstrictAttorney Lyons conducting tne pJs S-
lion: tDal Inc main Tor The prOset iti0n, ~ioae
nance had been fuTLished the Dstic.-Att"fncy, were
nOt subpenaed aud that at tie TRIAL itseh the ci vi te
death Of Mccarthy Was not proven: MIS- Vu9-
line MCCARTHY. the widow OF the a.
legged to have been murdered, was sworn,
and testified TO having gone Win Nj. Townsend
aaI Mr. ODwyer 10 tho Distract Attorneys ONCE aif
Townsend lad then asked Mr. Moan - .e nam KNOW
when the trial take place, inc names Oi tna Ni;
nesses for the prose drOn also furnished at The
time. This wSr abOat week beiore the lr4i m.'nosS
was not snopenaed, nor were NJ Witnesses hci hIS-
bad stated 10 her tH..t Cunningham had inhetci ule
&ounds on hlm. Cunningham himself had come 10 Nf
Ncf faitIy's while tho Latter was On nus de. DC T.
All 1ad mat he committed the decd wtness
80 IN Inc Uisrlct ttopcy Office aDu Mt Fi-gs