New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-12-06


sni anoSend.as rnsn l,Vt yoa spread aesoatiou m -
isiniy AM Il yOs have euy feeling elt his dying eN
esIr non, incessaaily repefed my wie nv children
whist VIII become Of nay chvdTen should cause a de-
gree OF On ssh IN yol equal % the paa which he su
You ell of YOU yo-ng nnen---yos bse vour fr;eni.
and .srnly connections, rko have watched your trial
with an interest and anxiety not less than your OWE
But there bss been another class Of spectators they are
those who have been your sssccAtes in crime Perhaps
there are some present. and let tel ,Aen on
This solemn occasion tat the law Is mi hty and ter.
rhle power that there i wise aud inscrofabe Pyoyi.
dcrce which in ifs good r-e reveals te mi-deezis
Of men thnt the hour OF retrbufoa. although may be
slow viii be sure and thst Murder though II have
tongue viii speak with most mirac slous organ.
The Jury recommended one of you 30 mercy But
the Court DO not concur in the prupfiey Of hs, recon-
endaton and they deem it their duty 70 you TO
prepare for the awfal event which awaits you You VIII
be attended by the ministers OF religion OF your own Sc
lection and msy YOU avail yourselves OF their healing
counsel
The sentence of the Court is that on the ssh day of
January next you be hanged by the neck until you be
dead.
The respective death.warrants were 'hen signed by
the Court read BY Mr. vandevoort. clerk, and handed
70 the Sheriff.
Tie four prisoners were then removed and the Oyer
and Tcrminer adjourned
The Supreme Court, general term, under Judges Ed
wards Mitchell and Roosevelt, then went into session
and argument presented in the O. Sullivan and
Clark.
1.-THE counsel for Johnson, understand, intend
entering appeal hi. behalf the ground the, the
verdict against evidence on the rule laid down in
the charged
SUPREME COURT-GENERN TERA-BefOre Judges
EDwArDs, MITCHELL and RoOsEyELr
Argument in the case of Sullivan and Clark.
(vho were in Court was presented Mr. Robt L. Nor.
rs ioT prisoners, and Mr. Blunt District Attorney, OPP
The principal points Of Mr. Morris in their behalf and
agsnstthe decision OF the Court of Appeals. are tha,
the Court OF Appeals took cognzanse OF the case with
out having gained jurisdiction the persons of the
prisoners by having them before thcm-tha, the uig
ment Of this Court granting trial previous to
the act hich allows an appeal behalf OF the prose
cutior-tha The record of Court Of Appeals was cor
rectcd by affidavit which not sent down this
Court
The District Attorney insisted that the decision of the
Court Of Appeals regular and cannot be reviewed
by this Court and that the only appeal TO the Supreme
Court Of the United StHtes Mr. b., (Which
knowledged by Mr. Morrs) said he has done everything
asked of him by the counsel for prisoners to facilitate
their being heard appeal, they have been his u-
~ however ns public officer, calls upon him to move
this Court TO resenencc them agreesby to the decision
in thst sppeal The Count remsndei the prisoners, to
be brought up again in two weeks
SPECIAL Trasf-Befcre Judge ROOSEVELT
DxcTsIoNs-lohn H. Dykers and others against W9. 5.
Woodward
The Court gave q written opinion at consider
able length. II held that whore check was given In
payment for stock aud turned cut that the drawer
had no funds in b3ak such purchase fraudulentaai
allegation that he did not intend fraud, sno answer
and that the sale must be set aside, and the stock
tan ereJ In regard 70 advertising, il also held thar
where the publication of a summons Is once week ak
weeks the 20 days running FROM the time of
service personally ont Of the State though tire 10 days
had expired from the time Of expiration Of the notice
Amanda NJ Allen against Wan Allen.
Decree Of divorce.
Cercline Herxog against Philip ilerzog
Decree of divorce
In the matter OF Joseph NJ Greeley, 70 obtain specific
Application denied
Edward White against Hudson River Insurance CO.
To recover $1,000 insurance on brick building, ca.
ginos SC in Westinghouse Brooklyn. The defense is
that plaintiff YVES not the owner but il owned by
Mr. Gilbert who assigned 70 painit IN trust % pay
creditors The Court considers, under circumstances, |
th nt plaintiff has beneficial interest Demurrer over
ruled
Leayitt against Johnson and others.
BY depositcc OF stock placed ia his hands by parties
TO answer agreement between them for an injunction
to prevent either OF the parties sueing him on account oil
the detenrOn while the matter Is undetermined Plain
tfis entitled to tho injunction, and also TO the costs in
suit brought fsinsi him.
IN t,e matter Of Patrick Henry
Motion 70 show cause why said p. H. should not be
required 10 vacale lis situation rs Governor OF the
Anne House THE motion l. on behalf OF tue MayeT.
Aldermen, &c, complaint we believe, as to so0ss'
ptnt being directed be taken from Almslousc store
to paint house, Motion grented
COURT OF COMMON PLEAs-EN CiiAMBEss-Batore
Judge DAILY.
IABEAs
Frederick Unok ast NJ p. w. Cook AMI Sarah II. his
wife
Application for the care aud custody OF Chas.
F. Hfncks years OF age, Of plaintiff, alleged to be
uriustly detained by Mr. and Mrs. c. In return 10 the
writ Mr.. end Mrs G. say that young wornan named
Charlotte shaw having this child, and claiming II 20 be
hers cfme 10 board with them somo time since became
sick while ut their house and died there and on her
deabed requested Mrs Cook 10 take care of her child
md keep u s.. her own, which Mrs. c. promised TO do
that plaintiff knew Of The child being there, but never
spoke ofbeng it, father didauythng for s sup
port and that he is not proper person or ts custody
Pleniia proved that he married 10 deceased the
mother OF the child, by Rev. Dr. Minor, in 1912 TIC
Judge considered the proof sufficient to show the plain
tit to be entitled its Hthcr 10 the custody OF the child
tut gTohtel, by request OF Mr. and Ms. C., short
time to enable them, they c0d, to produce testimony
showing plaintiff not 20 be competent 70 ia proper
care, SC.