The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-27
The Case Of Carmel, Convicted Of Murder.
MOTION TO OF ASH TILE WRIT or EEROR DENIED-A


TRIL FOR THE PRISONER
Henry Carmel Swiss by birth arrested in Novem
Der 1850 charged with numbering Charles NJ Rosseau
keeper fan cm,rant boarding house near the foot Of
Dcy street The prisoner tried in the Court of Oyer
and Termner, in this city. in March 1851 After the
called the Court (Iugc Edmonds presiding)
assigned Mr.. Henry H. Clinton counsel for the pris
The trial terminated the 9Th of March in the
conviction OF the accused On the Sth of March the
court sentenced the prisoner to be executed the ID
day Of May; before which time Mr. Clinton obtained from
the Governor respite Of the sentence until the 9th of
June in order 10 argue before the Supreme Court certain
law points raised by Mr.. Clinton the trial. and
ruled by Judge Edmonds. Before this argument,
was brought on. however Mr.. Clinton moved,
in the Court Of Oyer and Tcrmner, to set aside
the verdict the ground that the officers having the
jury in charge had conversed with them in the jury
room. Eleven Of the jurors made afidavts that the
officer told them Judge Edmonds said they had nothing
to do with mansaushter, upon which Mr. Clinton OBJ
tanned another respite Governor Hunt until the 10Th
Of September This motion made in the Oyer and
TRIMMER at the last September term Of that court
That court gave It's decision on Monday the 18th Of Sep
tcnibcr. denying the motion. The ensuing Friday was
the day appointed for the execution Mr. clinton then
upon notice given TO the Attorney General applied TO
Judge Harris Albany for writ of with stay
Of proceedings in order to make motion IN the General
Term Of the supreme Court for trial Judge !lar
ris allowed the writ and order staying proceed
ings Mr. Clinton arrived from Albany only in time to
the order Of Judge Harris the Sheriff on Thurs
day afternoon. The galows was erected and all
the preliminary arrangements had been made for
the execution. 1t supposed by many that the
Sheriff would not obey the order Of Judge liar
ris II was said he advised that the judge
had no power to grant such an order Tho order
however. was obeycd Mr.. N B Blunt, District Attor-
ncy then made motion in the supreme Court to quash
the writ of and vacae the stay Of proceedings
the ground that Judge Harris had to allow the
writ grant the stay This motion opposed by Mr.
Clinton The Court after full argument decided the
motion in favor of the prisoner The bill Of exceptions
argued a, the of the court by Mr. Clinton
behalf Of the prisoner. aud by Mr. Blunt behalf Of
the people The Court rendered its decision ut the De-
cember setting aside the verdict aud ordering
new trial Judge Mitchell delivered the opinion Of the
Court Judge Ldnonls dsseptcd The principal point
of law which the verdict set aside the OF
Judge Edmonds In refusing TO allow the prisoners
eel 10 challenge juror to the fay after challenge tor
principal cause had been interpoacd and decided The
District Attorney subsequently obtained from Judge
Edmondy writ Of to the Court ~ Appeals for the
purpose cf reversing the judgment Of The Supreme
Court On Tucsdy Of this week. Dir. Clinton
made motion In tc Court Of Appeals 70 dismss this
writ on the ground that the People had right TO a
writ Of error IN criminal the Court Of Appeals
recently decided in the Of the People Corni ~,
Comtock's Rcpor;s D. 9; also the ground that the
wit IL ued when there judgment U the supreme
Court 10 royicw the judgment of that court having ben
entered up several weeks after allowance Of the writ.
Mr. Blunt in opposition cited an ect Of the beg.lue,
lust passed allowing the People to bring wits Of error
Mr. H. concnd,d that the right existed at common Law.
Mr. Clinton in reply contcndcd that the statute quoted
by Mr. Blunt did not apply to past cases ana Il i da 1t
would be "a yos acio IN its character and therefore I'M
com tuiona and void.
The Court of Appeals Thursday, rendered its dcci
Ihis win give the prisoner the benefit OF new trail