The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-27
supreme Court.
btNEkAIs TEhlH.
BEFORE Judges InnAa Edmnnds and Fdxarl

Before Judges Jones, Edmonds, and Edwards
nov zoLHa,sas CorP"'.4fa%,ss,'1 to BsaLs,
ana conviction for alleged suborning OF perjury took
place before lodge Morse in the county OF Kings now
comes before the court on bill Of exceptions APP
pesred that Mir Carpenter indicted for subor
person named Wood to swear that no had served .
sp, upon MS Carpsn.s we, TO answer COM sn
divorce IL was alleged that the subp0ns had never
been served but that tender Of paper was made TO
person, who denied herself to be Nrs. Carpenter.
trial and conviction took place during which Csrpen
tsrs counsel raised less than twenty exceptions to
the rules Of evidence laid down by Judge Morse ad
Missile and the defendant before the su.
prone Court ON writ Of habeas corpus issued to the
hs OF ,Ss ns ss ~, also
irregular On the motion of MIR Gust, that defendant
be forthwith discharged the court ordered that he be
brought before them at o'clock for the purpose Of
being held to bail AZ that hour the was again
resumed, when the defendants counsel stated that,
he would not deem IL nscsrsary now TO trouble the
court with more than two, which, he had no doubt
would be tufhoent the first was that the alleged per-
ursr should have been tried and found guilty before
the accessory could be convicted and that the offence
should have been stated In the indictment TO be CON-
niited In the ceunfy Of Kings that objection was
overruled by Judge More, and Carpenters counsel
excepted that 10 one on which he (Mr Cust) now
,ss on , IN, e., anasy ina; no sn Dc con
exception To- that the counsel for the called
and examined the wife Of the accused and to the adj
instability Of who're testimony his counsel objected
Judge Jones-Upop what ground did they admit the
wife TO testify against the husband
MT Gust That Is question for the gentlemen ct
tn. other side.
Counsel for the prosecution having admitted that
this was case for bail and that the exceptions wers
not frivolous said that the only question IL the amount
and character Of the BALL but he would consider IL
entirely novel proces ding for the court 90 take up bill
of exceptions In order to determine whether the pri
sensr ,hsll he discharged without bail.
Judge Edmonds-l sirays WILL where sufficient
grounds shown
Judge Jones II this appears to be conviction alto
gether law should The prisoner be held TO bail
in large amount IL would be I'M ustice to the
oused.
Counsel for the prosecution submitted that the
csption not taken In tims. They might have de-
INJURED 10 the Indictment AID In the event Of q con-
yicton, they could have made motion TO Get aside
the verdict IL has been held tbsts wife Ia sdmissbl.
evidence sgsnst husband where she has not received
the that she impsrts In her reson as wife
and In the Of addiction though they live togethsr
che 10 competent witness against her husband Coun-
eel referred to the case of Esbble, SC.
The Court sald that IL the policy OF the law to
render wfe's testimony against her husband, aud a
bustand against .ife admissible in order to pre-
vent want q harmony In the married state 10 would
otherwise be n violation q oenfdynce aud violation
of the harmony and peace Of the married life.
Judge EdNards unmarked, that the case OF kebbls,
alluded to by council for the prosecution was not
analogous There the wife was indicted ss q suborner
PERJURY with regard 20 the time Of the birth Of
cbild aud the person who committed the perjury was
on tiisl at the same time. The husbands testimony
was received as against the pejurer bst refused ~
against his the witnesss) wife who the suborner
MIR Cust cited cases to show where II was ruled BY
high legal authorities that wife might make an an
day ssnst her husband for the security Of the peace
ness in civil or criminal case
The Court decided that upon the hearing OF the argu
ments Of this case, they had come TO ths concution
that there great reason TO believe that the com
plant finally cannot stand evidently frcm What has
here trsnfpirsd the conviction must be amended. II
| sppesrs that the wife has proved principal part OF
| the evidence; the only ground upon which her testt
mony might have been admitted would b. separation
from her husband but that is not put strong enough
their separation Was voluntary one This is, there
fre, one Of the circumstance In which wfe's test
| mony should not be admitted We will direct mes
trial without noticing whether asuborner can be tried
before the conviction Of the perjurer the accused
NUT therefore be admitted 10 bail In the same amount
ss before the trial The required securities (sl 500
then entered into and the defendant
vas discharged
| Nov. 26.-Dtcfsfocs nv jones' EDNoSDs -Beseh IN,
Oilers Obrdoyf Motion to strike out answer as fri
volous, denied with costs.
| Moore 20 Fiy Nevman Motion to set aside sai'
| grspted, with costs
Kellogg U.s. W,H1-Motion for leave TO issue exscu
| tlon granted
sieitc rs. C~roa Motion to admit and refer claim
| granted
Cours Colt Papers are 90 i'm perfect, that while
settle the principle, cannot tell shethsr grant o.
| aepy the motion.
CiayfOn Clayton Motion for leave for wife TO De
f.bd separately, denied.
Dseaat Gre~r Cooper Motion TO set aside or
| Ar rre~eedipgs 0ranted vithout nrei udira