New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-02-28

n.-vs-you are night in proceeding as a.
'Vpc. ~. ,f the other party asks an appeal
I'm from nv presen, Impressions swpenu ~ .
sosn ,afs, 10 General Term, and there VIII DC
;eeo" ~ ,l,ee weeks more, while, II the eoun'"'
In 80, 10 the plan, the proposed argument can
.;,b If once and jud cement pronounced
a, saturday next. ann. f,r,ber
remarks ,,,..rdoub, at all as TO the
-, "a marty TO appeal and doubt thAt II could De
tNs before iudernent at General Term, might hes
,u, the Code, find gives an appeal to every
xbere IL Affects a substantial right
Van Buren, said this docs not affect substantial
-, his question Of contempt
ns RoswosrH-The amendment of the Code
.,oeal shall be made when 1t affects substan.
ny -, md where the question is in regard to per-
-, beng sent to prison it seems to me to affect sub
s,suts right
nvsr said it has been decided that the case will
,ssrd first q, General Term If counsel consent
80 INDICTMENT Of Special Term shall be entered, and
-. ~ m,ds forthwith to General Term it will pre-
s., daisy II the other mode is TAKEN the first argu-
iii he on the validity Of the order. then on the
80. and the whole matter gone over again while in
=. ,,,e proposed the Judgment Of Special Term will
~ ,ued Ipstapter by the General Term, and the case
can be ., once taken up.
a.. ocooor made few other remarks, as did Mr.
Bronson
Tua,e ucr said the case Is now before the Special
.,aif the counsel should move to have 1t trans
500 "a the General Term with my present impress
L.
sions, would silowH'
.boud be an appeal it shall be entered on the minutes
49,, ,I.;,. excepted TO the appeal, and it denied
Judee Duer thought that was right Mr.. OConor asked
DIV ught, Why should technicality be allowed to
the Gentlemen to trip up ourheels, when none has been
allowed US to trip up theirs.
Judge Duer said 1t would have no such effect unless
the crpse could agree between themselves the case
,nu.t now be considered at Special Term and after
yard motion heard 10 carry 1t to General Term.
Mr. Field ssid the case Ia already at General Term,
having been 60 ordered on Saturday last.
The Judre said on finding the order to be void the
recognizspces were taken for Special Term.
Argument was presented on the question Of appeal,
Mr. Bronson contending that where insult has been
offered to Court II has the exclusive power to punish
that insu-and In this tho same If one OF this
audience were to insult the Court it has the right to
bring him up and punish him. Mr. o Conor thought
this case different from that Of party present insult
Inc the Court-this being complaint in relation to
pecuniary matters, and he commended that the whole
question for the Court to the pecunary damage
sustained by plaintiffs and if only nominal as in this
case imprisonment cannot be imposed, except until the
fine, OK extent Of damage and costs are paid
e.. "A.
not exceeding $3.50 and imprisonment not exceeding
six montts-one or both-and to pay plaintiff dam
ages and costs and an indictment could also be pre-
ierred aferward.
The Judge thought the power Of imprisonment lay
whether the damage was merely nominal or not. Mr..
0C thought otherwise.
The Judge ordered the names to be called as at the
special term, which was done, and most Of the mem
bers answered The reading Of the iuteroyatores and
answers were then commenced (substantialy as al
eady published.l question arose reading the
Of Aid sturtevant In which, with the others,
e declines to the interrogatory to whether
10 voted on the resolution censurpg the Court to
whether he should not DO required TO answer-the
Judge and Mr.. Bronson considering that the re solution
rent to show the case and the measure of contempt
gbile Mr. O'Conor thought that Aid. =. having ack-
owledped he voted In relation TO the grant with
nowledge of the injunction is all that the plaintiffs
eim and they have right 20 inquire as TO any other
natter.
This and one or two other points. after further ar
ument it was finally directed by the Court should be
eserved until Tuesday next for decision al which time
ne counsel will be present and he various parties un
er attachment to appear again on Saturday next
The Court then adjourned.
rv- A slight fire occurred in one of the par
ors of the Metropolitan Hotel on Saturday night but II
vas very soon extnguished by the wtchmen dother
,mploySs of the house, without danger and almost
without alarm The Gremen were on band and laid
heir hose, but no water put on except from the
hose In the house of which there abundance on each
loor always ready for instant use The house Is as
near fire proof as possible the space under the floors
being filed with mortar aud other indestructbe ma
erals and IL would be almost impossible 70 get fire
veil under way, for want OF fuel.
ARREST or. ESCAPED CoNvIors-CORRUr-
TON ON BLAcKwELL's lsLAND-On Saturday even
nc three men named Jas o Brien, Thos. Downing and
rhos Desmond were arrested by oiheers Rockwell
Aud Traverse, Of the Nineteenth Ward charged with
stealing two boa,loads OF butter and beef from the
premises of Mr. Henry d. Caldwell, at Rsvenswood,
l.. |. ltnppears that Saturday afternoon these men
hired boats at the foot Of Forty eighthst East River
with which they crossed over to Rayenswood where
they perpe,rated the larceny On their way back
OF the boats sank and the other taken in charge by
the Police notorious fellow named VIM. Sparks
alias Bill Bunk, with them, but escaped The Po
lice are requested to keep lookout for hun 1t ap.
pears further that Downing and Desmond are escaped
convicts from the Penitenisry at Blackweps Island
where they had been by Justice Stuart about three
weeks since proving night thieves for the term Of
Two months. Downing states that he was told BY
enc Of the Keepers tina; If they could raise % each
they would be let go On the strength Of this promise
Downing cent 10 John 0Brien father OF James Brien
one of the accused for the money. and soon after Bet
Iey, daughter Of john o'BIien, brough, 50 to him
He gave this sum to Mr. -, and was permitted 70
cave in the ferry boat
This statement Justice Stuart says, NAV or may not
be true bu, Is notorious that by some or ohcr
great numbers Of prisoners hnd tbeir way from the
sland lons before their terms expire Downing saws
be can sabstsntate his statement and the Magistrate
intends Investigating the truth OF the charges contained
IN H. The three prisoners were locked 10