New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-05-03
POLLCE COURT JUSTICE.
RRITT HELD FOR TRIAL

CASHIER MERRITT HELD FOX TRIAL.
DECISION RENDERED by JUSTICE OTrERBoURG-
ALLEGED CONTRADICTIONS IN THE TESTIMONY
FOR THE DEFENCE.
Police Justice OtterbOurg yesterday an
nounceG his decision in case Of Clifton E. A. Merritt
cashier OF the Metropolitan Hotel charged by Lemue
Williams with having taken from him fifty dollar bill
and returned change for only dollar He had taken
four days TO weigh the evidence presented before him.
and ast nshed the crowd which had assembled hear
the result Of his deliberations By announcing
opinion the presumption OF guilt sufficiently strong
warrant his holding Mr. Merritt for trial the Court
of General Sessions He attempted to detail the mental
by which he had reached this conclusion but
not the very evident enlightenment Of those who
heard him.
Two o'clock was the hour az which II had been
nounced that the decision would be rendered and be-
fore l O'Clock the Special Sessions courtroom
crowded by eager thrOng. Many had been attracted
by the remarkable OF the and many
friends OF the young man. At p. m. Mr. Merritt en-
tered the COURTROOM accompanied by his uncle. Col
ector Merritt, Mr.. Rice his counsel, Commander Nc
Cook and Manager Adams OF the Metropolitan Hotel.
They took seats inside the rail- and became engaged in
earnest Half hour after the appointed
time the Justice entered, looking worn and
weared by the heavy mental labor OF the
preceding four days and the OF the complainant
called. There no response, and after some dc
lay, It happened to 10 some that he
fined in the House of Detention witness, and be
sent for John Graham attempted TO improve the
sion by a motion in a case which he was interested,
but before he had completed his citation Of authorities
IN its support, Lemuel Williams entered in custody OF
court officer, and the case OF williams against Merritt
was again called There profound quiet in the
courtroom the Justice began to pronounce his opn
ion.
In opening he said he was compelled to refer to
words uttered by Mr. Rice, counsel for the accused IA
his argument for the dismissal OF the complaint If It
could be shown that this prosecution aimed at the
hotel s propretors II had sgnay failed If the
prosecution been devised for the injury Of Mr.. Mer
rift. the complainant ought TO be severely punishedi
but II the counsel had nsnuated this without just
ground he had been guilty Of unprofessona and con-
temptDle conduct. Justice OtterbOurg reviewed the
testimony which had been given before him, and stated
briefly the points in the case The complainant had
been brought before him charged with disorderlY
conduct. and he had dismissed the charge I'M
founded and unjust. He had then sent to
the Metropolitan Hotel requesting the proprietors
OF the employees TO appear before him. and by
careful inquiry be had become convinced that Wams's
statements him substantially correct. He laid
emphasis the undertaking adherence OF Williams on
crossexamnatlon TO his original assertions He said
that the OF Brscoe and Merritt when called
for the defence were contradictory and that Mr. stick
news testimony did not go far enough to corroborae
Mr. Merritt fully and that he mad manifested sgoa
indifference what became Of the bill Mr.. Merritt,
he aid had been cOntradcted also by Detective Keay
He commented the complananrs cries In the hotel
- Gentlemen, do not rob me y as evidence or his
sincerity He would not 20 so far as the counsel
for defence I'm saying that II the decision were mn
favorable Merritt IL would be an impuat0n upon Mr.
stickney that he was guilty OF perjury. the witness
who came forward from Brooklyn In the interest OF
Justice he said. had turned out 70 be criminal having
been convicted OF burglary and larceny. The Juslce
pointed out inconsistencies he had found In Sarah
Brown. testimony how she came into possession
OF the $50 bil. and the testimony OF Mr. Hopcr0ft.
and commented on their account OF the vlsL OF me
strange white He said he would be jusrhed IN
committing for contempt OF Court the stenographer
from the Law Department OF tue custom House; wGO
ted house and subsequently, TEST fed IN
me case. the itude OF the toss to
williams, who looked rather amused than grcyed
In conclusion said that n there was originally
probabe cause for holding the accused man. MT. Merritt
had done best support that cause. IL would he
better his future welfare TO nave jury pronounce
careful examination Of the case, that an offence had
been committed, and he felt compelled TO commit the
accused trial in the Court OF Special Sessions IN
81 300 bail Tho glEan sent 10 the House OF
Detention IN default Of 300 bail.
Collector Merritt then rose and said that
the statement which had been published 70
the effect that on saturday last he Deggeo
tne mercy Of the Court undualhedly false,
He said he was out OK town when the affair occurred
and had nothing 70 do with the conduct OF the case
but that his interest in IL he had taken pains Ia
read all OF the testimony and amliarzc himself with
tine details While sympatnlZng with the feeling which
prompted A careful consideration Of one who belonged
to ostrucz"d race, which had recently ncen Under
a ban, he Thought the previous unquestlOned good
character Of the defendant should nave weight lie
said that he had known his nephew for seven years IN
tImgtely ana had entire confidence IN him. In closing
he ked mat ON these grounds his nephew be discharged
There was much applause. and Justice OItefDOuFS
said That ms respect Tor Generat MERRITT ne
would have permitted him 10 address tne court ne
Thought much better TOR tue young man mar inc case
should invariably -Ifted ~ the Grand jury t@dNatl
Flaruagal OF No 1l9 Crosby-st, became Mr. Merrltts
DOndsman.