New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-05-28
LAW INTELLIGENCE.
indictment. for Murder at Sea.

u s CIRCUIT COURr-Before Judse Nelson.
Cant Maloney of ship Rosous and DR. Christian. phys
clan Of the vessel indicted with the mate, but attsr ac
arrested for the murder OF two seanen. called Enanas
and Yankee Chap during the voyage OF the vessel nom
Liverpool were brought up on Friday forenoon
Indictments had been found in the District Court ana
also in the Circuit Court and motions had been made 10
quSsh of them before the parties were arsgncd Inc
Judge yesterday forenoon rendered hs decision on ths
subject, as follows;
NrIsoN i'll have looked into the authorities on the
question made by the previous counsel that
urt found which have been RENTED from the District
Court 20 this Court should be quashed before the prisoners
sre required TO plead TO the indictments since fOand IN this
Court / fnd that where person has been already ar
rsened and has pleaded and second indictment found
for the same OsnSe the Court will adopt some measure 10
get rid of the first indictment by gushing or requiring
nellie prosecute to be entered, before requiring plea TO
the second
There IS good reason for this Ii the prisoner
should be tried on the indictments secondly found, and so-
Quilted or convicted and the public prosecutor should then
proceed put him upon his trial the indictments inst
found prisoner having already put in his plea OF noe
guilty might have some difficulty in svaing himself OF The
acquital conviction as bar 20 the further prose-
cuton of the indictment first found.
This has application to case like the present
The prisoners have not been arragned on the indictments
first found They have not pleaded The attorney OF tho
United States claims the right 10 proceed upon either in
oicment his election snd to omit any present action ON
the others The authorities sustain this proposition.
After trial upon the second indictments II the prisoners
should be srrsgned the FIRST they could plead the for
mer acqua or conviction in bar So they suffer
prejudice from the denial of their present motion.
PRISONERS ARRAIGNED.
Capt Maloney and Or Christian were then arraigaed on
the indictments and separately pleaded not guilty
Mr. Cutting moved that they have separate trials, aud
that DR. Christian be tried FIRST in order that acquitted.
he may be a witness for Capt Maoney he having original
ly been hunted mp and held by Capt NJ witness but
an indictment afterward found against him. -
The District Attorney had objection TO the trials being
separated but thoughthe order OF trial should be lef by
the Court to the District Attorney and he opposed TO
DR. C. being tried FIRST and also wished the indictment
to Emanuel TO be first tried
The Court granted the motion for separate trials but de-
clined to interfere in the order Of the trials.
The District Attorney then said he ready o proceed
in the trial Capt Maoney the indictment A. 20 Eman
uel Mr. Cutting said they DESTROYS OF the testimony
of the carpenter the time. OF the ROscius who Is now
cerpe uter of the ship Isaac Webb daily expected from
Liverpool The trial was postponed to June ].
Mr. Cutting then asked that Dr. Christian DO permitted
10 go at large his recognzance but the motion wS
denied
The Court then adjourned.
Lotus Wood AIT Joseph d. Andrews
To recover damages amount lad az $4,000, Tor alleged
of patent for stove cabOose for use OF ships
steamboats, &c The principal Improvement IL said to DO
having a fireplace each side Of the oven, with compsr
ments by which cooking be done than by pro-
yious stoves In defense it said that the stove Of defend
ant is different from that of plaintiff The case Is on