The New York herald., 1878-08-22
THE COURTS
Discharge of Prisoners in Habeas
Corpus Proceedings
SIGNING BILLS OF EXCEPTIONS.

There was lengthy argument In Supreme Court.
Chambers, yesterday, in the OF prisoners
arraigned before Judge Van Brunt writs of nabeas
corpus sued out by Messrs- Howe & HummeL AS.
sstant District Attorney Herring represented tho
people. Thomas FIynn's was tho first case called.
This prisoner is under indictment for having killed
August Bernheimcr In street iracas In Houston
street, the LIST OF last June Mr. Howe stated that
his client had become insane since his Incarceration
and that the prison physician SO certified Tho Dis.
trict Attorney, having become satisfied OF this fact,
consented that Flynn should be transferred 10 the
Lunatc Asylum. Ths next that OF Bridget
Brennan. indicted for grand larceny being charged
that she stole $500 from John J. Leary tho
23d OF last July. Shc tried for this offence
and the jury disagreed in her case. Mr.. Howe
succeeded IN securing ncr release. The OF Ed
ward Baker, who cnims to be a merchant, was next
taken up. There threo charges Of larceny
against him, on which Judge Wandel committed him
the Tombs 1t was claimed that Baker was IN the
habit OF purchasing teas, groceries ana cigars,
amounting In value TO over $500, under the name
Miller 4 Co. and then had the properly shipped to
Troy, whence 1t would be again sent to N ew YORK
and disposed Of Mr.. Howe insisted there lar
ceny shown, as tho complanants mad parted with the
was no fraud legally proven He also stated that
than Two terms OF the Court OF General Sessions
had elapsed since Bakcr's prisonmcnt and that ho
hal not been brought TO trial. Distrlct Attorney
herring conceded that the points raised were correct
and Baker's discharge was promptly ordered.
THE POOL AND FONT MURDER.
There has been rminablo series OF moionA
In behalf OF Joseph Pool and William Font who were
convicted during the last November Term of the Court
OF General Sessions Of murder in the second degree
and sentenced tho State Prison for e tho time
Of the sentence their counsel, Mr. William r. Howe,
secured writ of error aud stay of proceedings, by
Of which the prisoners kept in the Tombs
There has been bill OF exceptions prepared in tho
case, which, it was urged by Mr.. Howe, Recorder
Hackett refused TO sgu. on the ground that 1t had
not been presented 10 him within ten days
after tho conviction. During the last term Of
the Supreme Court an alternative mandamus
was issued by Judge Donohue, and yesterday q
motion was made for peremptory mandamus to
compel the Recorder 10 sign the bill OF exceptions.
Mr.. Howe claimed before Judge Vaa Brunt that his
cIionts were entitled to review Dy appellate
court to ascertain IL errors were committed
trial. and that was out OF reason ond against law
the District torney to insist that tho dcfencc should
be compelled 10 make up ihcir bill OF exceptions
within ten days after Tho conviction and sentence or
such ruling would IN ali long trials, he urged,
der review impossible Assistant DAstrict Attorney
Herring strongly contested the application, and In
sisted that the statute was mandatory ana required
the bill Of exceptions to be made up within ten days
after the disposition OF the in Briefs
handed the Court by both sides. Judge Van Brunt
announced that he would thoroughly look iuto tha
questions presented anu render decision in few