New-York tribune., 1885-02-22
SHORT HELD FOR THE GRAND JURY

INTELLECTUAL ATTEMPTS 70 SECURE HIS DISCHARGE
-PHELAN WANTED BY THE OFFENCE.
There were no seats and little standing room to
lie had in the Yorkville Police Court yesterday
morning. dynamiteurs great ana small haXing
taken possession of all available spac1. ihey
patiently awaited the arrival of Phcians assallant,
"Dck Short Among them were )" Rocky Noun
tain d" .O'Brien. Thomas Barter. Manus OConnor.
"Dan" O'Greary. jeremiah Murphy and John +.
Kearney They gazed lmringly at Short as he
stepped to the bar when the case was called and
leaned.neg gently upon 1t while Assistant District
Attorney PURIFY, for the prosecution, announced
that the prosecution rcstCd Assemb yman James
Oliver wanted Phean for cross-cXanlnation nine-
dlately and wanted il distinctly understood that
lie was not through with him. lhelan testimony
was giyen and he subjected To a rigid cross
examination said Mr.. Purdy. " After every ques-
tiou had been exhausted | SAID that we rested our
case Then the counsel asked for an adjournment"
Mr. Oliver retorted that Mr. hclan had acted as If
he extremely weak ana ne had cross-eAanlned ross M
in fact. did not ask him single question directly
about the stabbing. -
Oliver. "The papers are not signed and being in-
complete, the depositions are not worth the paper
they are written on" ~ ~
Purdy " to hold tie accused. A man was stabbed
the oficer heard the cry of murder laid his hand on
the shoulder OF the prisoner, and although the oilcer
did not ask question the prisoner sad. didn't
do it, and when attention was called to his blood
stained hands, said, assisted him.; mat test-
mony alone is sufficient to hold him for the action
of the Grand Jury. and move the prisoners COM
mitment for assault i'll the first degree"
argument that necessary to prove the assault
70 have been uniustiable well as to prove II 10
have been committed, and then Mr.. Oliver said that
public opinion had much TO do with the earnestness
displayed in the District Attorneys Office in this
particular case lie moved the discharge of the
prisoner on the ground that the testimony was III
Complete and Justice Patterson denied the motion.
Then he moved Shorts discharge on the ground that
Phelan had failed to appear and prosecute, and had
failed to sign his statement ,The motion was
denied and an exception was taken by Mr. Oliver,
amount. Justice Patterson thought. that the
original bail ($3,O0O) was reasonable" and fixed
it at that amount. Mr.. Purdy did not want che
court to fix any amount, preferring to have 1t re-
ferred TO higher authority. Justice Patterson how
aver adhered to his original proposition, and Shorts
case will 20 before the Grand Jury.
HELD FOR SWINDLING IN WALL STREET.
Two men, giving the names OF Joseph A. Moore
and James Smith, were arrested on SATURDAY py
Detective Sergeants Slevin and OConnor' Oh Ihe
Central Office for attempting 10 OBTAIN am
from Walsh a. Son, No Wali'st, taraar;as rasm ior
checks which were supposed 70 DC lo,geries
The two prisoners taken to Jefferson Market
conrt Yesterday morning, where Moore was uis-
fharged as there was no evidence 70 make use
Soar1st him Smith, who says that he IS thiTty-one
Year of age and an Austrian by birth. ana regis
$ered as n -mercbant living in Thirty
cear Seventh ave, was charged by James Walsh,
nf No 3 Wall-st., with having sobtained from
S;n I'm Jnly is. 1883, $3.50 in exchanged for check
- bs American National Bank Of Detroit Mich.,
s,,n,rnorfine 10 be drawn by Peter Henke, OF that
sify in favor of c. Schaffner 1.-THE name Claimed on
III occasion by the prnoners but whioa was