The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-07-31
THE COURTS.
Judicial Interpretation Of the Crime Of
Larceny by the Supreme Court.
TIE LAWS UNCERTAINTIES.
Writs of Habeas Corpus and Dis
charges on Bail.

the nth inst, at the tenement house, No 2I6
Hester street, application was made yesterday by
Mr. william F. Knitting to Judge Westorook, in
Supreme Court Chambers, for urits OF haeeas
corpus and certiorari The writs were granted,
and made returnable to-day.
John Carmichael, the lace merchant who has
been confined in the City Prison on a charge OF
perjury, and whose ball was 1xed at g., 600, was
brought before Judge Douohue yesterday by Mr..
William p. Rintzing, his counsel MI. Timothy b.
EcEyoy, OF No. 376 Grand street, offered himself
surety, which was accepted, and the prisoner
discharged.
Mrs. Anua J. hi, the alleged malpractitioner,
who Is indicted for causing the death OF Jose
phlne Curtis the late well known soprano, was
brought Oh a writ OF habeas corpus yesterday.
In the Supreme Court Chambers, before Judge
Westbrook. Mr.. William +. Howe, her counsel,
moved mat bah should be accepted in her behalf,
which motion was granted. The bail was imme-
diately furnished and the prisoner left the court
room accompanied by a host Of cOngratulatlng
friends
In the case OF James McGrath, James Mah0r,
Michael Boyle ana Michael Tague, who are
charged With counterieiting trade dollars and
hall dollars, Commissioner Shields, upon the ap-
plicaiion OF the prisoners counsel, consented to
adjourn the examination uutll Wednesday next,
at one O'Clock. This is the first criminal matter
that has come up in the new POST once Building,
In which tue Comnissieners' courts are now
located.
Manuel Cortes who is charged with selling I'M
stamped cigars, was held yesterday by Commits
siener Shields TO await the action OF the Grand
Jury in default OF $3.50 bail.
IMPORTANT CRIMINAL DECISION.
The supreme Court has denied the application
for new trial made by Mr.. william 4. Knitting,
counsel for George WeYman, the John street jewell
ler charged with swindling jewellers by trick and
device. He was tried before Judge Barrett at the
Court OF Oyer and Termner convicted and sem
fenced to five years imprisonment in state Prison.
An appeal was taken TO the General Term, which
was argued before Judges Davis, Brady and
Daniels by Assistant DlsFrlcs Attorney Russell for
the people and Nj. Knitting for Weyman. The
following IS the opinion Of The Court given by
Judge Daniels, which, as Will De seen, involves
some very important questions OF laws
II appeared the trial that the prisoner the
ode Kn Ma IeSw
ing on business a. No Is John street IN the city Of New
theTeupon sent to MIN ~ that rn Tho prisoner was
order was designed ana understood @ be application
ing them 10 customer and enabling him to inspect
them, ara select CUT OF me naMber sent Whlch II
the money that With the remainder OF the articles
Grs to shove
INA Sgh wsS ns bn the r'ns1e non
articles sent to him nor the money for either
Upon these acs it was oSested by the psonsT
esy p the are S be
on eanot m p@siSfsed fr he titie s91i s
nSt IL Khf & ~ ali he a i od 81 ne
s had the ~ m to s o and transfer =" s
manner But until was made the title was in no
reseSs fEef t ere pTeeued az onS as me
sale made by the prisoner. that was clearly the
purSose that title in any event should pass the
FOR s persos. Sending !, to him and if he ACQUIRED
that feopiousiy tor tue purp9se Of debryng The own
was sufficient obtain It within me RUE sanetoaed by
rs issh2I efn 70 SSR'gs SP
S S Paoy fSp Whe G he ia or s not S Wa
for the Jury under the evidence given in tho
dsierminatOn The distinction between this class OF
leases aa e@s To CONSIST CO ie e
latter the owner intends 70 par with his title with the
that kind exists The people were allowed 20 show
ing that % which procqrsd articles rom Kuhn
S her ar ts SANE n ey q rom .her SSd @
prepsats6 them to his own uss This evidence was
shng his intent to be felsnious in Obtaining those men
% n nds s Wien was @a a s
Re, relies upon the exsssPSH for the Of
segtOd. to i appeared tina. the Prl-oper. % the
Jewellers in MAiden lane ct Of diamond studs worth
fSe1 on and eb the next da the 18th prduSes o i2
g Middleton another teEeller in ne same street two
was 70 De returned BY MIN unless they purchased
s 1s an q @ hs qB9 e
for The three transae ons occurred within two Gays,
acterscs tustiHed cohcluson that they were pei.
was one tsnt DaHifested 81 hree dsDct ' acts but
isonou, plan which was SSt P9roP not o4
shown IN order 70 enable the jury to determine what
he se he That Shs Sne Ee d T se
crime charged be had committed ordinarily
\ nPna
attending the ransacton In 2ther essegwhere the in
mAss.ra % Be assefsined syaence q
be en- Obtained BY means OF rsudent repreSentatons:
y mas been held that as the intent Is isct 70 be
vas engaged "A otber similar frauds about the same
time and 50 similar in their other relations hat :" the
@ N Os Ss ~ he q sn all
naylor, "a ID L9i Allison vs. Matthieu, John, 2Ss;
"a People, IL New YORK superior court %; Cove vs.
o Rs Pafpose o. asy ng Te 6 Ton
passing counterfeit I, money and In many other cases
Stuart Is, Lovsi 2stsrk RePost q Lord Elea6oroush
PUBLICATIONS would be admissible in Efo9t q ne intent
~ be Car an vs. kin s on az hqae re- Sr
4oa aT afe 70 mat rf had wes
% On are BY @ Se a 9g a guh yf an near t. 4
An important question whether thing was done aeci
g %y vohed ahoer and SS we aT
whether he knew certain white powder . be poison,
What re powder was beea1ss be had sd%inistersd II
anOher who had died. although tat might be
proof Of distinct felony uttering forged
bank notes knowing hem to be forged, the proofs CT
other uttering all proofs Of distinct fcloniea seve-
raj cases are added 10 note 70 this decision fully
Req Rhson ~ and sae r mast 9s
Is still more analogous 10 the present one trial
for ENLIGHTENMENT. and evidence offered
iar errors ~ the prisoners accounts before and
thoee forming the subject Of the charges This OBJ
jected to on his part but the proof held proper
quite similar was made on the trial Of an Indictment
for the offence IN the Of Com vs. Frickerman
Gray, l73 The OF Reg Geering Il La Jour.
n c., B went as far AS the Court aid upon the trial OF
the prisoner. That indictment TOR murder Dy
Tneanso arsenic And the prosecutor proposed and was
SLOWED 20 show on the trial OF the prisoner for poison
mig her husband by arsenic, him IN tea prepared
by her that had been taken 1O the stomach Of
tirse OF hefssOns 81 other lines that
died Of poison, and that e symptoms Of al the four par
ties were Be that they al lived with the prisoner
and termed pa rt Of her family that she generally made
The tea for them, cooked their vctuals distributed
The same 10 their leaving the hOhse 10 60 10
worn IN the morning Pollock. g. B., held this evidence
proper md stated that AdersO and TaOurG cOncured
Sh him lie added his wa NOT mad.