The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-08
Ezradton Complications Of the Hampton
Bank Robbery Case.
A 90 Silly LIBE l..
Arrests by TeIegraph-Important Tax
Decision.
SUMMARY OF CASES.

Judge John r. Brady, before whom tho case OF
William Conners the alleged Northampton Bank rob-
Der, Is being argued, yesterday announced his nten-
make that the pioneer case 10 this country IN
respect to the questions raised regarding the
extraditon OF criminals between the States The
case called the opening Of the Court yesterday
and Mcssrs. Clarence Seward, John II. Fellows ana
Henry Allen appeared for the bank, and Charles W.
Brooke and W. +. Kintzng for the prisoner Mr..
Brooke hled traverse TO the return, as previously
made by the sheriff TO the return v writ OF habcas
corpus IN which the commission OF any crime and tho
identity of the prisoner the person named in tho
warrant OF the Governor were denied Mr. Lucicn b.
Williams one OF the directors OF the Northampton
Bank, testified that robbery hna been pertetra.ea
upon the bank and that IN November last he had sew
era interviews Win Conncrs IN New York negotiating
for tho OF the property ana that he had made
affdavt before the Justice oil the Peaco IN Hamp-
spire county charging Corners with beng an Access
sorry alter the Tact 10 the commission oil the offence
and that the prisoner the one against whom he
had m ade the charges. He subjected to rigid
cross. examlnat which iaiied 10 shake his tcs
mony IL was claimed by Mr.. Brooke that 1t was the
duty OF the counsel tho bank TO produce the afda
certified copies OF the same, denying the right
oil any court 10 review the discretion exercised by
him, and that court can go behind tho warrant
issued by him. The oniy question 10 be decided was
whether crime was committed. as alleged, ana
whether the prisoner who was present was the per-
son named IN the warrant
Tho day occupied by Messrs Brooke and Sew
nrd in argument as whether not the Court had
Jurisdiction MIR. Seward claiming that the action OF
the Governor nal and his opponent holding 10 the
contrary. Judge Brady stated his belief that the
people who represented the process, whoever they
may be- Obliged in the first instance to produce
any papers TO sustain the requistion The relator In
"A proceeding Of that KIND, ana court OF competent
jurisdiction had right review the whole OF his
conclusions in respect TO the affidavit &c
The accused took the stand aud swore that he had
not committed robbery and that he had never been
In Massachusetts. The case was adjourned until Mon
day morning next
in the case with copy OF the alldavts upon which he
granted tho extradtlon He bases his refusal upon
The ground that his Office 10 not court OF record.
SHALL THIS BEAST GO FREE?
John Barrcsciotta, otherwise called John Garabaldi,
aud Annie Smith convicted of keeping a dsor-
derby house the Fifteenth ward before Recorder
Hacketl, at the September term of The Court oil
General Sessions and sentenced to tho Penitentiary
each Tor year The only evidence introduced upon
the trial that of three young girls inmates the
house, whose testimony of revolving and dis.
gushing character During the trial u number OF
ceptions taken the rulings of the Court upon
questions Of evidence and law upon which Tor
the accused, Mr.. W. +. Knitting, obtained writ OF
error removing the proceedings appeal into tho
Supreme Court for review he made application yes
terday to the Justices OF The Supreme Court, pre-.
siding at General Term for reversal Of Judgment
ana the discharge OF tho accused from their
present Imprisonment, alleging that the Court OF Ses
sons erred IN sustaining demurrer nerposed by the
DstIi let Attorney to plea IN abatement ilcd by the
accused JOIN Barresciotta He was indicted under
alas that oil John Garabadi, which name he denied
ever having gone by ever known by. 1t
contended by counsel that II is prejudlcal to
cused be indicted under alias, especially TO
which odium Is attached Ii was reflection upon The
character OF the accused, which, it well settled
could not be attacked, until put issue, and should
never be limited at, bad as It may be- by public
prosecutor. 1t also claimed that the
Court erred, directing acquitta
the close OF the testimony Tor the
people, the evidence establishing that If the accused
were guilty OF any offence II was that OF Keeping
'bawdy mouse, ~ and not "dsordery house, i" the lat
ter being species of common nuisance, and that be-
fore there could be conviction there should be evil
tenco that 1t annoyed he neIghbors or that affected
The public There being, as alleged, no such testimony,
The conviction erroneous, is claimed Again, 1t
is claimed that the Court erred IN not combining the
dcnce, sucn rs IL was, TO the tunes alleged in
the Indictment, the District Attorney. having
been permitted To Introduce evidence OF
lewd and improper conduct at times other
than alleged IN the indictment, Mr.. knzng claiming
that is rule OF pleading applicable to indictments
that every lraversable TACT must be alleged with time
and place. Other grounds OF alleged errors also
presented District Attorney b. X. Phelps contendcd
that the ion all respects thut
OF the grounds submitted were sufficient jus.
thy reversal OF tho Judgment. He submitted
number Of authorities which he thought would
the rulings OF the Court below. The Court took the
papers and reserved Its decision