New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1842-01-22

so from Moses C.mue. Guil,y-Psrites,iaIy 60 tay.
John smaley charged with putty larceny aud Patrick
Har'igaa James Callahan and George Saa~ays charged
VITA assaults and battery, sevesny discharged Tor
OF cvdsncc
Adjourned Ill Tuesday se1t, 10 o'clock.
COURT OF SESSIONS.
Before tRe Recorder, Judges Lynch and Noah snd Al
dermen fimpson and Innes.
FRIDAY. January 2l.
CASE or CHAsLEs F. MIrcHELL.-ln the OF Charles
r Mitchell convicted of forge and in behalf h
COUNSEL David Graham and Jane. VI Smith, Jr Esqs.
had moved arrest Judgment ground OF tee II!
legal consinu. the Court OF the rtinc OF
and trying oihe Indictment, OF the Aldc.;aSR
sitting Judges-Judce Mean ,aa4 long and elaborate
opinion, asserting the cons,,sonaity OF The law Of 1910
reorsauzin. tie Cour. Sessions excluding the Alder
from sitting Judges and also the decision OF tie
Supreme Court, also excluding the Misunderstanding
the cont,utionay law OF 1870 granting us
ii Custer against the Aldermen Judges and allowing
the motion for ARES. OF judgment, in the of
Mitchell.
Judge Lynch also read opinion reviewing the llw of
1870 contentns that the Aldermen had right Is SIT as
Judgcs-aso cug decision Of. the Supreme Court
tue eject but denying that the Aldermen did SIT
Judges at the tins of finding the Indictment in April last
and denying the motion Tor arrest OF jude nent.
The Recorder after citing the records OF the Court 20
show that they contained the OF the Aldermen
Judges the time CT iiuding the Indictment &c read and
pronounced an opinion ccA,epdlng that the legally ar
pointed Judges the bench the time Of fluid the
indictment, he presence Of Two Aldermen the
bench could ri,iac the procccdings-as, ii did, all
The convictions since the passage Of the law of $40 would
be Illegal and each person convicted could claim redress
for being illegally tried and c5nvc,ed-and denying the
OF Judgment in the of Mitchell
Aldermen Timpson =nnes protested against the
oaltons advanced that they not members of the
Cour-asscrted their right sit and Judges, and
united the decision the motion for
OF Judgment.
Judge Lynch strongly objected 10 the Aldermen giving
any opinion the beach, contsnding tina, they
Judges. and had no right give opinion as ssch
NJ! Graham yhen Moved the Court tina, the name Of AL
dermen Timpson and lines, who sitting AID assum
ing Judges should be entered on the mSutes Of
the Court. This motion denied.
Mr. Graham then gave notice that he should apply
the Supreme Court for p,andamus compel the JUICES
OF this Court obey the decisions OF the Supreme Court
Mr. Graham then moved the Court for the discharge Of
Charles F. Mitchell upon his r.cognzances the
other indictment. agains. BIN. ; he had been eight
months close confinement without any efforts having
been made bring him 10 trial those Indictments
This motion also denied.
SgSrEScgs.-Will.am n. Jones and Jeremiah jack
son. colo-ed IN n convicted of burglary the second
degree in hrcaksg the house of Daniel Y. Townsend
Murray HILL and stealing quantity of silver and
other articles therefom oh sentenced the State
Prison for 5 years and monks
TIE Court then took recess till Tuesday next.