The New York herald., 1877-09-21

conceded
which the prisoner Is accused that of forgery In the
third degree. and. while dctation is made him
to his duty itis assumed that II will be discharged
protect the people and yet not be oppressive and
unjust to the accused
After the reading of the opinion there brief
discussion between Messrs. John Graham and G.
Brainbrdge Smith, counsel for Gesner and Assistant
District Attorney Herring representing the prosecu-
ton, as to the form OF order TO be entered 1t
finally arranged by Judge Wcsibrook that he would
formal order IN the until to-day, when
he would hear counsel further in the matter. Mr..
Herring contends that the order should 80 fixed as
10 allow Immediate appeal to tho supreme Court,
General Term. while the prisoners counsel manly
anxious the question OF bail and The DO
exacted-
LILLIPUTlAN CIGAR FACTORY.
II has already appeared in the HERALD that
"Owncy' Geoghegan, we'll known proprietor OF
public at No. 103 Bowery, had been recently
arrested ON a charge OF manufacturing and selling
cigars without a government license Wncn brought
before United States Commissioner Deuel. the time
Of his he onnd to be already so much under
bail charges made by Captain Foley and others,
aud there being mprobaonty Of his guilt in this
case, that II was deemed advisable TO allow to 20
on his own recognizance. An examination In his
commenced yesterday before Commissioner
Deuel. The complainant and principal witness tho
government James Haslam. alias Hawkshaw,
who for some time had been employed by
Geogbegan sort of detective watchman in his
place. This man TESTIFIED SUBSTANTIALLY that three
occasions he purchased for Geoghegan tobacco Cath
street to bc manufactured into cigars; one
OF these OCCASIONS he got the money from Geoghogan
himself aud the other IRON tho bar per:
ne saw the cigars being made, and carried up stairs
with the boxes into which they put; they were
made by a named George In the course of his
ination the witness described establish
ment OF ''Owneyn to consist of "a basement and two
stories; on the first floor there barroom, tree
and easy and an entrance tor adcs;" on the second
floor there were three rooms two which were used
for sleeping rooms, in tho other the cigars
factured.
'who occupied those sleeping rooms ?" inquired
counsel
''Red Barry, Fiddler Howard Davenport and Mr.
Magnnisn " answered the witness
Az the namo of Davenport an audible smile passed
around the circle OF auditors, and General Foster,
clear away any anciiul supposition which
might have given occasion for the merriment of tho
audience, inquired Of the witness "what was Daven-
ports irst nameS"
laughter.
.'Wuh an ~ or without an .T9n
''he had two eyes, OF course" promptly answered
the wtnessan innocent response which evoked peals
of laughter The examination yet un6nis ished but
stated that IL would DO claimed part Of
fondant that there was truth IN the complaint and
that made by Hasam because he was discharged
LOUISA WETZEL TO BE BAILED.
The case OF Louisa Wetzel, which has excited con-
siderable interest, brought into court yesterday
on the application Of her counsel, Mr. Edmund f.
Price and Colonel George H. Hart before Judge West
brook to discharge her on bail 1t will be remembered
that the 9th OF August last Valentine Listermann
while in the room Of the prisoner. at No. AL East
Twelfth street, received injuries alleged have been
inflicted at the hands OF the prisoner OF serious char
acer and from the effects Of which he shortly there
after died. che prisoner subsequently arrested,
and was committed to the Tombs by Coroner Flanagan
a charge OF murder Her counsel urged that there
proof sufficient to sustain any charge,
except justnable homicide, It being claimed
hat fha in dafnp har vtrfu tn
hicted the fatal injuries upon the deceased The
testimony taken before the Coroner read incud-
ing the previous version OF the Tragedy which has
already been published. letter OF Justice Kilbreth
who entertained the original complaint, also sub.
mied, stating 1t as his belief that II the accused
admitted to bail she would appear tor trial. Judge
Westbrook decided that upon the proofs and cxamna-
ton before the Coroner he would admit the pris-
oner to bail Mr.. Leary behalf OF tho people, urged
that there other proofs against her. which her
counsel responded that the Court concluded by
the record. Judge Westbrook was then urged by
sci for the prisoner to make the bail nominal and thoy
offered to cite authorities to show that persons in
humble circumstances were entitled to give bail in
smaller amount than persons OF afluence. Judge
Westbrook conceded the truth of the proposition and
promised to render his decision to-day as to tho
amount OF bail.