New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-03-06
COURT PROCEEDINGS.

SUPREME CoURT-Spec,ai Term before
Juege Edmonds. The People, ex. rel. Barnett, sgst.
The college Of Physeians and Surgeons IN fse Cify
Of New York In this case an alternative manaanus
had been granted, addressed to the defendants com
mapdipg them to restore James p Barnett to his po
sitlon as student of the College. The writ recitsd
the establishment of the Regents OF the University
by act of the Legislature IN l769, the passage OF
another act in l79l, authorizing them to establish
College of Physicians and Surgeons for the promet-
ing of medical science, and the Creation, by the ke
gents of this College, in pursuance OF tina: act IN
1907 and the grant of new charter TO them In 1872
with limited powers the enactment 0y the Couese
of certain byi4 for the government oil the lnsttu-
ticn, and the ordanpE BY the kssens OF CERTAIN tam
requisites to degree OF Doctor OF Medicine IL fur.
ther Tecited that Barnett, having been duly quaned
for admission, bad been, on the ION Octooer lofS
admitted ard matriculated as student, viva fuli
rights and privileges that he attended the lectures
and cIQues curing that term, and was again mat
REGULATED l649 paying the regular fees and receiv
ing tickets for all the lectures and clinlaues In vir'
tue Of which be was entitled, curing gooa pena'iol,
to hold the franchise or position OF Candidate ana
pursue his studies to their completion, and receive
srom the Regents his degree OF Doctor OF Meal'
cine. Nevertheless the Trustees have unJusuy,
and without legal or sufficient cause, and IN an
eI parte and Illegal manner, IN violation OF
the intent Of the said acts OF the Legislature,
and of the charter aud by laws, rules and regula-
tons eouisites and conditions 0f the SAID Coege,
removed him from his said position or office OF stu
dent or member of said College, aod iof ths
degree of Doctor of Medicine No return mas oeen
he ard a motion on the part of the defendants 20
ouash the wit on grounds appearing on the race
thereof and motion on the part OF the reatoL ,of
peremptory masdam1s. MI: Lera, lot tns Oouoso'
denied thai an act connected with the internal MAJ
agemeIt Of the institution, duly approved oy sns ON
Gers and Trustees, could be reversed by mandamus,
and conteLded tina. the Trustees as visitors, pos
sessed a general supervisory and controlling
power, from which no appeal couio DC saAen "
| Courts OF Law, and argued that extreme lnconvcn.
fence would arise from an interference on !as
Mr. ord lie
| tive document the Report OF the Trustees OF VAC
Union College on the claim Of the Keschss OF vac
University 10 exercise vlstor1ai powers ITO N opia
ions OF Spencer, c. j. and Pratt, j. and also ooiy
aBd Kent bearing the question, and cecislon oi
Holt, that the sentence Of visitor can never %
called IN question.
| Court OF GENERAL SESSIONS Thursday,
Before Judge Beels and AID. Brsley and Francis.
Trial for Perjury -Rrdolph kluge, German
was placed on his defense on charge Of wiiui PER
luy. The charge arises from SUIT recently .i'su
In the Supreme Court, IN which Edward Hart a.
plaintiff recovered verdict of $433,sa against 20,
seph Buisson defendant, for which judgment ssuea
and lecy made BY the Sheriff upon the sio's u
Buisscn al No 20 n William st. Subsequently ku.
oolph Klsee, the accused, made claim upon u
property levied upon, while II was yet In sne nans
OF ihe Sheriff, and arrangement was mace pesSs az
him and Hart that he should pay $50 down ana x.'
per week until the sun OF s2e695 was maze Up,
when the whole the jadgmen! against Hat w;s - :,
Re surrendered TO Klu, =. This agreement mas IA u
the foll0WlIg. nc saio niteelo psJ Wv .sa ~
row admitted TO be recovered, and to pay Sss P az
week from the date hereof, until the sum OF S1So,
more shall be paid~ The word is written soo,e
the hpe and the accused swcre IN the SupIe -
Coult that this word was written BY Har. sise' -,
signature OF both bad been put 10 II. Ins a..
was proven copclusvely to have been false enu saS
jury convicted the prisoner, ard ne was rem m
for sentence During the course Of the uai
named Charles Shuli2, also indicted el ~ S,,sv
rg out Of this same suit, was orous az on. " ~
Prison into Ccurt q witness for the oosnf {, 10
sWore that be was present when E msn. 40 :.
called on Mr. Hart, having deed OF sons psaS,
vmsnt which ne wished MIN 10 sign. MI. brauy 70
in Court Al The tim e. and testified that he haa
before seen the ast vitacss shutz then VEN -
District Attorney and admitted tnat wb,I re va ~
sworn 70 vas totally false, ane tnas no aso WV