The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-31

Order was requested by Judge Harris, who hoped
that all present would feel it incumbent on them to
preserve the strictest order.
Mr.. Beach, counsel for the prisoner, stated that
after deliberate consultation the counsel felt them
selves bound to ask for suspension Of sentence
these grounds
LIST. The iregularity Of the proceedings had be-
fore the Grand Jury.
I'd. The voluminous testimony elected on the trial
had preventeda necessary and thorough investiga-
ton of it.
A deposition by Sheriff Price was then read and
It's purport was that the District Attorney had
not, at the specified time, delivered to him the
cessary precept provided for by statute and further
that no precept whatever had been served upon him
for the summoning Of jurors
The Clerk Of the county testified that no return
of any such precept had been made TO him.
Mr.. B. referred to and read from the statute the
authority directing the mode OF organization and
mode Of conducting special term Of Oyer and Ter
miner.
1t was argued in this case that the proceedings
were at variance with the pres cribed routine.
1t was also argued, in support of the asked for
suspension Of sentence that the Court had not been
properly opened; that no proclamation had been
made, &c. Another disparsgement, it ~as claimed,
existed in that the list Of persons TO be drawn a.
grand jurors had not been properly authorized; that
the requirements of the law had not been lived up
TO- as Il is necessary that jurors drawn for grand
ury shall have served petit jurors The counsel
cited cases to establish his position.
The second claim for q suspension of sentence
was, that the papers upon which the proceedings
were transcribed, prior to the trial, had not the
necessary seal Of the County Clerk, whereby their
identity could be proved. 1t was also required by
statute that jurors should be summoned eight days
prior to the converting of the court, and that re-
turn Of the naWes, residence, occupation &c. should
be surrendert&to the County Clerk. IL was further
claimed that the Sheriff OF the county should and he
is by law required to, make return of his proceed
iDgs In the case, that it may be known that the
quirements Of the law had been lived up to by that
officer.
Many precedents analogous to this case were cited
in support of the motion. 1t was further claimed
that the regular form of swearing each and every
one Of the jurors not having been complied with, and
as all had affirmed collectively, . suspension was
asked on that ground. The counsel said farther,
that he had been informed that one of the jurors
had publicly expressed the opinion, some days be-
fore the trial that the prisoner ought to be hung
Mr. District Attorney Bingham, In answer TO pri-
soncr's counsel, submitted that the cases cited by
the counsel were not analogous II was clai9cd that
the proceedings which were had in this case were
strictly legal and that every essential requirement
Of the Law had been made. The poin.A upon which
prisoners counsel relied, II was claimed, were bat
provisions made for the time ans place OF holding
court and the necessary proce 1dings to be had in
that event. II wss also arg ed that the claims by
prisoners counsel were nxfely specifications pro
vidipg foy Ne holding q COURTS and that they woes