The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-05-20


SUPREME CouRr, May l9-Present, Chief Justice
Bronson, Mr. Justice Bcardsley, Mr. Justice levitt
Sentence Of Dsath.-Nsro Grant coored man. was
brought into court this morning by the sheriff Of Steu
ben county under writ of habsas corpus 1t appeared
the prisoner time last fall had dispute With ano-
with an axe and killed. He then tried and con-
vcted murder in january last at the Court Of Oyer
cuton At the trial his counsel took exceptions and
the execution delayed beyond the day upon which
was :" N bs and the in
the adjudged to be regular Under these circum
stances 1t became necessary that he should be re-
The Chief Justice previous to passing sentence, ad
dressed him folows:-Nero Grant, you were convict
executed in January last Counsel had ut the time some
doubts to the legality Of the sentence, and caused
gued by him; but after hearing all that he urged in
your behalf are Of opinion that your conviction
was legal-we have no doubt about It, You have now
been brought into court by writ Of habeas corpus
the purpose Of having the sentence carried into
tionhave you any thing to say why it should not be
done!
The prisoner made reply, but merely shook his
head
Chief Justice, in contnuation--It now only remains
for the court to make out warrant for your execution
Since the period sentence first pronounced upon
YOU you have had sufficient time for reflection it
to preparing yourself to meet your approaching end
It IL true however, that you may have had hope
ara warned to make the best Of the time to be
lowed you between this and your execution which will
be on Friday the 25th Of June next at the Jail Of steu
ben county between the hours Of 10 O'Clock in the FORE
noon and O'Clock in the afternoon of that day The
warrant for execution then handed to the sheriff Of
Steuben sounty, and the prisoner removed. He il n
middle sized man about years of age with an inteli-
gent countsnance. He listened to the remarks Of the
Chief Justice with the greatest composure and seemed
perfectly resigned to his fate.
In the matter Of opening and ,videning William
street-Mr BRADY was heard this morning tho part
Mott He commended that the directors had not taken
any steps while the proceedings before the commits
objections before this court The objections said Mr.
Brady taken by Messrs Hart that while they had
been awarded $500 (although their counsel in his
gument yesterday was not very explicit In admit
ting this very important fact) for damages, they
would, the report was drawn, be Compelled
to pay $263 the amount Of the assessments imposed
upon their lots before the year 1892 when the allowance
to any lot exceeded upon for the same
improvement. The commissioners were only required
by law to report the excess of allowance But by the
act Of 1882 they required state in reference TO
each lot the amount Of allowance and charge severaly
The consequence supposed by the Messrs Hart to result
from this change that whereas under the old law
the surplus OF allowance charge being alone stated
required to pay The compliance under the law of $780,
separating the charge from the allowance would require
the tenant to pay the charge which before would have
been deducted out Of the landlords allowance and the
Harris therefore insisted that the commissioners should
In their report have inserted clause to prevent
the report could be made which was not urged before
the commissioners; and secondly that the objection
now made was not made before them The only com
plant before them was that the allowance made to the
iiarts was too SMALL thirdly, that the commissioners
had exactly conformed to the law 1889 in stating the
mode would have been clearly fourth that
was neither the right the duty commissioners
would affect the relations between landlord and tenant
and fthly that Messrs Hart could not legally be com
Psea TO pay the any more than they would
the latter year only affected the form of assessment
After MIR. BRADY had concluded, Mr. Mott one Of the
opposing counsel insisted that the report could not be
confirmed, because the constitution provided that
when private property was taken for public uses the
damages to the owner should be ascertained by jury
or ~ three commissioners appointed by court Of
cord as the legislature should prescribe but as the
gislature had not prescribed which mode should be
adopted therefore, existed and the report should
be sent back The court stated that the commissioners
in this matter were appointed before the constitu
ment expressly provides that all proceedings legally in
progress when 1t went into effect should be continued
At the conclusion of the argument the Chief Justice
marked that the existing opinion of the that
the claim Of Nessrs Hart only affected their liability as
iessees under the covenant to pay assessments and
could not be determined in this matter He anneunc-
cd however, that more formal decision would be made
ton morrow this morning2 Mr. Fanshaws objection
but as 1t was not sustained by any proof is probable
that it will be disregarded.
The people rs .atmenor K,ngsley-In this case bill
OF Indictment was found by the grand jury of Courandt
Go. against the defendant for keeping disorderly
house, to wit billiard in the village of Homer II,
that county The Indictment afterwards tried at
the court Of general sessions and verdict obtained for
the people Mr. HILL counsel for defendant took excep-
tons to the verdict First that the keeping billiard
room where no bets made tho losing parties merely
paying for the rubbers did within the statute
of gaming and secondly that the judge who tried the
the law and fact; whereas he ought to have charged
them that they judges of the fact only The court
set aside the verdict stating that both were
well taken, and Mr. Justice Beardsley remarked that
the Judge In the court below erred in telling the jurv
they judges of the law and the fact In criminal
eases questions OF fact only be decided by ury
but questions of law reserved for the decision Of the
court
UNITED STATES MARsHAL's OrrIcE-Two seamen
names not given) belonging to the American ship
Southerner arrested last evening" under warrant
granted by Mr. Commissioner Norton on charge of en-
deavoring to create revolt board sad ship while
ut anchor in the lower bay, the 10Th instant They
were bound over to appear before the court this
morning
COMMON PLEAs-In both branches of this conrt there
cases on trial which have been already tried are
Of no interest except to the parties concerned.
CoURr OF GENERAL SESSIONS, Wednesday, May 49,
Before Recorder Scott and Aldermen McElrath and Pur
ser Jonas b. Phillips, Esq, Assistant District Attorney
Trial for Illegal PotingAt the opening of the Court
This morning, Charles Fuller placed upon his trial
on indictment for illegally voting in the I'd district
Of the Seventh ward at the late election
SAMUEL KINNEY sworn-I live at 675 Water street.
the day of the late election the prisoner at the
polls in the second district of the 7th ward asked
him If he belonged in the district he said he did that
be lived ut No 1870 Madison street he swore his vote
In then went to the house Madison street and asked
II he lived there and they said he did not the people of
the house said no such man was known in the house
elections In tbs second district Of the Seventh ward
prisoner offered his vote, which challenged he then
'wore he had resided at No. 1870 Madison street %
months; on his oath We received his vote The case
was then submitted to the jury who, without retiring
rendered verdict of guilty and the Court sentenced
him to the penitentiary for six months.
Trial for attempting TO rofe Hlegaily.-Christian
Advise next put upon his trial an Indictment for
attempting to vote in the I'd district of the 9TH ward at
The late election.
JAMES VALENTINE sworn was at the polls of tho
ID district Of the 18th ward the afternoon the day