The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-01-17
Court OF Oyer and Terminer.

Before
and Delmater.
JAN IA Charge Of Murder. The trial Of Patrick
Delsny. charged With the murder of Mary McIntire,
by stabbiDg her in the stomach with q knife, the
9th July. 1s4e, vas called on
The District Attorney (Mr N b BLUNT said he vas
hall Of the accused said that his associate counsel
epgagsd In the Superior Court and would be there,
10 put thi. case down for Friday
The Court said that the business of upwards Of two
hundred person. .hou not be delayed Cor enc counsel
Mr. Phillips said that the absent counsel had been
assigned by the court, and some important quss-
tions OF Law would arise he did not wish the
The Court assigned Mr.. Jos NJ Smith and set down
the trial Tor to. morrow Tuesday, morning.
.9n0fbv charge of Mipd>r.-J0hn Roland and John
Mcpsge two ,esmen were arragned for the murder Of
Peter johnson BY throwing him from board ship into
the ocean, on the 18th Of October 1s49 on voyage
hom llsvrs 70 New York. The prisoners pleaded not
guilty William Royal another sailor lie also charged
with the same offence, but lie confined in the hospital
With the smsl pon and was consequently unabls to
Mr. wheadon part Of the def nee said he intend
ed 70 demand separate trial, for the three prisoners
and In the absence Of the captain OF the vessel to
which they belon gsd be asked for postponement Of
the care until the return Of the captain who Is
The Di,triet Attorney said he proposed to 60 on
regularly With those murder cases; and as Delanys
trial would not occupy more than one day. he would
be ready for this case on Wednesday TIE trial was
accordingly set down for Wednesday
.9nofher Charge II Mnd..-Henry Canen was ar
rsigned for the murder Of Charles NJ Rosseaus The
particulars Of this will be In the recollection Of
our readers. lie Is nstive Of Switzerland, and
through the medium Of an interpreter, pleaded not
guilty, and desired a trial The prisoner IL charged
With the murder Of an old man, named Rosseaus, In
Dey street and having At the same time stabbed the
two Of the dscasstd IN very dangerous and al
most fatal manner
Counsel for the prisoner asked for q postpon.ment
q the until neat term the grounds that the
accused u foreigner aud unable to speak the Eng.
l'h language The Consul had sent to his country for
material for bis defence. II would be material for
them 70 know his state q mind and a. he vas totally
only in hs native place.
The District Attorney opposed the motion; the
principal witnesses In this the children Of
the deceased, two Of whom had been almost MORALLY
wounded on the occasion % their father murder and
as thsy we're about TO proceed 70 Central America It
The case was then set down for Thursday and the
Court adjourned.
JAs. u Charge Mas,y esoin po,,psn,d The case
Of DeAny charged with the murder OF Mary McTntyre
vas again postponed, in consequences "a Mr. . 81
Smith the counsel who was assigned yesterday, being
The Judge tsd Mr. Smith should have asked TO have
that csse postponed whez he was engaged in q
Of life and death In this court or he should have told
US that be expected % be engaged and would have
assigned ether counsel
Mr. Philips ,sld Mr. smith did not anticipate that
case coming on, and had endeavorsd 10 get 1t put OF
The District Attorney remarked that the dicuty in
this H. that Of the witnesses were poor per.
cons depending their labor and they could net b.
expsctee TO attend here day after day, without
The Court ,sid tina, they should be taken care Of
death because bis counsel DO not wish TO attend But
tbs IL just the way the profession have acted all
through this menth. the whole business has been
thrown back II the In the Circuit Court and
the Special Term and In the present instance the sb-
Of counsel upsets the business o. upwards Of
two hundred persons, and the arrangements which
bad been made for the other trials this week The
Court then assigned Mr.. Western, on the understand
ing that he would not enter into any ether engage
ment TO prevent bis attendance and the trial post
pop ed TO Wednesday morning.
a Hint 70 Juos-The jury list va. then called over
when only twenty one jurors answered TO their names
thirty seven called 6ne Of s25 each and the
Court said that they meant 10 impose hnes every day
on ron attending Jurors. Adjourned 70 ten o'clock
on "Wednesday morning
srrrrNs Cousr o. rHs USrrKD srArgs, Jan. IA
No ss-The Louitville Manufacturing Company, vs.
NJ. WEIGH - In error 10 the Circuit Court Of the
United States for Louisiana. Mr. Justiee Nelson de-
ver,d the opinion o. tins court, reversing the judg
ment o. the said circuit court With costs and remand
ing this csu,e with directions TO swsrd Uenre acias
Z, noro No as Philip Greely Dr., plaintiff IN
~ william Thompson, - al. The argument Of this
cause vas commenced for the plaintiff In error and
eos ffru.a 1fnKt h. aGnr A. 4.