Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-11-05

ALBANY, Saturday Evening. :
SIR: send you brief report of the proc dings
in the Supreme Court the bill Of exec ptons taken
in the case Of Ezra White, convicted OF the murder
Of Peter Fitzpatrick at the last term Of the Court Of
Oyer and Terminer.
The judges on the bench were Chief Justice Mel.
son, Justice Cowen, and Justice Bronson. Mr..
Graham and Dir. Samuel Stevens appeared as coun-
sci for the prisoner and Mr. Whiting, d. A., for the
people.
The case having been called on for argument,
White brought into court and placed within the
bar directly facing the judges. His present appear
snee is that Of an uncommsnly good looking young
man-far, clear skin, black dark hair, his face
slightly marked with small pox, but rather pale,
produced, no doubt, by confinement he was dressed
neatly the same as at the trial. and bis whole appear
snce and demeanor was such that person who
looked at him could have supposed he was a muir
derer-a convicted felen After few minutes spent
In examining papers and reading documents, the
court ordered the prisoners counsel to commence
the argument
Mr. Graham then proceeded to open the case. He
commenced by giving a history Of the riot, the
hdling, the dancing the stabbing, the way the New
York loaiers carry on, and agreed in all the partcu
lars, with the testimony reported in the Herald,
which, IL the Judges Of the Supreme Court mad read
It the time, the learned counsel would have been
saved vast deal Of trouble. He remarked that the
jury might have made this a Of mans ghter
without violating their consciences in any great de-
gree; that IL extreme case, and one that the
hoRorabe court would notice as growing ost Of the
low state Of morals in the lowest New York rum
holes that the exceptions taken were Of the utmost
importance 10 the unfortunate young man. whose
life depended the issue. and were mainly these:
lst. That Judge Inglis had no right to preside as
Judge al the Oyer and Terniper, and of course IL
he had not, the court which tried the prisoner was
illegally constituted, and the prisoner must have
new trial This Is the main objection, and the only
one to hang doubt on-the others relate 10 the ex.
clusion Of evidence offered by the prisoners coun
sci on the trial--the memorandum made in pencil
marks on the coroner's return not being allowed to
70 TO jury as evidence; and finally that the indct
ment illegal and did not embrace or specifv In.
eide upon.
The iearned counsel spoke these topics Tor abovt
tnree hours, in manner highly creditable TO
sound jurst, well verscd and well read in crimi-
naJansprudence; his language was highly decorous
pessed throughout with passages Of great
oeAu'y an classic eloquence. New York may we'll
De proud OF snch man az Mr. Graham; the inteIlec
tuai energy ne displayed on this occasion would
alone place MN IN the front ranks Of his prof
Several egai gentlemen remark ed that greater Effort
MAO NO, 1een maae ~ inc Supreme Court since the
time of Emmett. Samuel stevens a gentlemen Ar
great legal talent resumes the gument ON M.nd.v
then MIR. Whiting, your district attorney oon,n.,
ces the work Of demolition, vindicatino tho
acy Of our laws; then the Court will censult snd IA
liver their opinions In tisne for the ia,r ,,a M. -
ss,snt to return to New York and vote the Iocooco
ticket 'o'ooo
foar paper IL now more sought after than Al, N =
rest Of the New York papers taken together Yonr
agent has not got one half supply for the ensui,g
nvss GLORIOUS days. At your agents Office th;s
morning. The cry the Herald BENEFITS Hera
IRON about NIFTY persons, all waiting 10 be served
IL nnow becoming family newspaper In Albany.
for where else correct Information be obtained
on education. on aboiition the banks the currency
the Daovements ~ sweet lovely women the fcilies
the sins, the goodness, the wicknsss Of the grea
metropolis, except IN the columns 81 the Herald