New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-10-14
ur,-ths, the only way to proceed BY quo WAITE,
ascertain il he held his situation legally 0. NOT.

Court-th,, the only way proceed by quo w,,r,,,
% ascertain If he held his situation legally 0. ao:
After series of repicatory remarks by the Dis,r,e i,
.orp.r Mr. GRAHAM said be meant TO assume tia, III. @
District Attorney for the Cry and County OF NewYt
racat and the quo wsI:anto his eleEi no aisp
ION 10 pursue that yusher has his du,y d
asals! IL, Nh Graham then said that h submitted 10 u,
Court tina; the bill against his client Walsh. upope,
,ad illegally found-for the reason, ,ha; Ms Whiting ae,
4. District Attorney. sisutd the bill Di,ic, Aosnty
hat the Grand Jury advised BY ME Whiting Dis,lis
,orueyand be here would sutrl, certified copy Of IL
,rocesdinss oil the County Court OF The 29h May, $50
90 which letter dated llth May pupo'tng be sus4 )!
ne person acting District Attorney aqG who has sip
signed this bil resigned MS office OF Ds,r;c Atorrey II
ms Court Mr.. g. then called upon Mr. Whiting 10 tx
h- stand and intsr.ogatos he should propou.4
This Nh Whiting refused TO do Nj. 6. then moved Il.
Court 70 order M Whiting take the stand testify, To
refused make the order considering that Nh WIZ
ag had with their consent and approbaou fulfilled ali tbs
functions Of Distsic; Attorney Of this Court
Mr. Graham then great length argue thai tn,
office of District Attorney vacant and cited the Re
yised Statutes ls vol section 81 page l2 showing IN wh
manner designations be made aad received, and tia
resignation made BY district Attorney TO the Coapy
Count THAI appointed him. legal AID binding and rstatt
his Office He con,enGed that If MIR Whiting after his re
scuaron had been FOR fulfilling the duties
his office of District Attorney, who could Be # legally an
roiute and refused 10 actcoud plead thai he had resigned
AID that he could be punished for refusing acspt
tina, the plea would be valid Mr. q. also coueuded .,
il Mr.. Whiting his resignation had been before ,s
Grand Jury District Attorney, before which penoo
charged with felony had been indicted and was no, In cp
dyhat the person acting Di>rc, Attorney could nor -
punished fox disclosing the fact Of SAID indictment, SO h,h
accused mi ght escape, &c.
a 4 tbs sI,b -,
rendered the County Court had to accept asa
that the resignation valid uules, acceptedasa a,
the County Court considered Mr. Whiting as still the Dis
tct Attorney, this Court felt bound be governed by b.,
decision Mr.. Graham then excepted the decision of this
Court and moved that the trial Of this be postponed
until he could maudamus Cor stay o! prOceediBr
and have the question settled by the Supreme Cop,,
The Court refused to postpone the TRIAL
Mr. Graham then moved the Cour, permit the accused
to Withdraw his plea Of guilty that he might put in pie,
in abatemsn, The Court denied the withdrawal of the plea
of not guilty. Mr.. Graham then said without the pe, Of
not guilty he would put in plea in abatement which h,
did The Court refused to receive the plea, and ordsa
the trial Mr. Graham excepted 10 the decisions the
Court.
Michael Walsh was then put upon his trial for libel 0.
Levi D. Slamm published the paper called the Sab.
erraaean' on the I'd September last
Henry kimber Printer, deposed that Mr. Walsh was II.
Editor OF this paper the Suberranean also knows Levi
| Samm The iIbe! called Mr.. Slsmm {" political RENEGADE
who would ALLURE his principles, betay his Country bias
pheme his God and euogze the devil for snug living Sc
He also spoke of his conduct married aud 10 tn.
efforts OF him and her IN conjunction 10 humbug the public
by collecting money meetings, &c. 10 further their own
mefarous schemes, &cand Of making his brother drunk
get his property Sc After reading the indictment the pro
secution ted without calling Mr.. Samm the stand asa
witGcss.
Mr.. Graham then opened the in very able aud eo
quent speech for the defendant.
IA this stage of the the Grand Jury Court
and discharged having found ITO bills and dismissed
complaints
Mr. Graham then proceeded to call his witaees-but BE-
any examined the Court took until
clock.
At Al O'Clock the trial resumed and
Leri d. SiaRm was examined. His testimony related to
his acquaintance with Walsh with whom witness had
been very intimate aud who, witness had repeatedly said
ought be in the renltsntiary. Witness brother naw
j.. Rogers, was member Of The Grad Jury found tn
bill
The Cour, then djouncd to Saturday at 10 o'clock