The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-03
The Case ~ Lyman Coac, the Alleged Tergss.
sUPRBkD OOU1f-N oHAM MRs.
Bofor0 Haun. JnA~a ncr~;s


sUPRsks O0UzF-N CHAN HRs.
Before Hen. Judge Norris
JULY 2.-Is tie Ma1sye of the application to Iila.u L,-
man Cole 10 BaiI-Th4s application CO Ming on to be
heard and proof having been made o. notices of the
motion to admit Lyman Cole to ball. upon the District
Attorney Of the county Of New York. and after hearing
Richard Bustesd OF counsel for Coe support Of the
motion and the district Attorney not appearing to on
pore, and upon confederation Of the whole csse aud
after mature elaboration ordered that the said LYMAN
Cole b. admitted to BAIL follows viz Upon the in
oictment for forgery in the THRU degree fled in tie
Court Of General Sessions, the 14tn day OF Noyem
bsr 1864, (au alleged forgery Of check Of John lhoap
In ths of $500; the indictment for forgery
,0s ALLEGED opasr 90 'as tn
Of Very Gwynns) in the sum OF 0oo and upon the
Indictment for obtaining money under false prstsnses
tiled in the said court the 2lst day OF APRIL 1885, in
The 81 600 and 1t rs further ordered that sh. his
trict Attorney be Noticed bail sad amounts no
IDu,sdsy nothing the str day. Of July inss a. 10
'clocS IN tne chambers OF the Sdprems Court,
bs the said Robert Morris, Esq or some other Of
be Jcdess Of the sad Supreme Court and that such
,ee 10 the District Attorney shall also contain the
and rescspcs And Occupation OF the sid proposed ba
.aokNs On the 2Sth OF June 'ast Ly man o,is was
trous bit before me upon writ Of habees corpus for tbs
urpose of being admitted to bail. On that day the
ounss Of the prisonsr r. Busteed) proved BY afsa-
n that notice had served the District Attorney
bis intention to move that day. The District At
orpey not appearing had order entered tjourniug
he proceedings until the 10th june AND drscnS thts
the District attorney should be p0tidsd OF the
nt OF the ebect OF the application o. the 3Oth
June the prnoner with his counsel appeared and pro.
proof Of the service the District Attorney Of
the police ss had drestsd but tbs District x,t6fAA,
Did not appear. The officer made retrrn That hs beH
the CUSTODY th{ee several ind,ctme ats
rent nessep ger 70 the OsiSt Attor nsys Office and OBJ
u PEG tns rBYtd Indictments against prisoner, ~sh
Some Accompanying sidsvits, showing the grounds
wbirh prisoner held, and the District Attorneys
minutes OF The testimony two trials, which had
bad 10 the Court OF Sessions, and which will presently
s)nas to- The facts before upon this appusAton TO
et the prisoner ball. the llowng:The prisoner
was In October 1864 and has been in close con-
hbement since. On the 14th November 1885, there
Indictment tor forgery in the third dasIes found
ssam Jsmes Bishop 0therwis cal cd Andrew fndlay,
1y msn Cole (tbe prsoneI) ana William Kissans. Upon
that pdic the three prisoners pleaded not guilty
On March IL, 1s5b, the defendant, William KBsaus, vas
puT his trial that Indictment the defendants eav
claimed parate trial. On that trial, Jamss ST.
op, alss Anorew Fnd)ay, was examined as witness
K,ssDe vss convicted and has been sentenced to toe
State prison. In May term, 1855 Of the Court OF Ses
sioDs, the prisoner Lyman Cole, put his trial,
Eisbop, ahas Fiedlsy, charged accompcs In the
indictment, was used az a witness on the trial
The jury did not agree In the June term Of the Court
o. the prisoner Cole w.s again put on his trial
and rejection by the riers OF soe fifteen or twenty OF
the jurors After the jury was End against
the wishes OF toe counsel Of the prisoner and OF
the prisoner himself ths prosecution withdrew juror,
the Trial off Upon these fac.s-the principal,
not she only testimony against the pri.oner bang
oictments the prsoner-and after thu withdrawal of
Juror BY the prosecution after the challenge by the
prisoner to the jurors 1t IL not even probable that
tnvicton could take place = tria-evep il it should
b. ~ med proper to permit ton mat iodictman
viii therefore order the prisoner to ball. in that case In
the spm 500 do It for the purpose OF raising the
In portant legal questions involved in that indictment
tn. prisoner 70 also indicted, together with the said
Bishop (aliss Fine lay) and tie SAID William KssAns,
for forgery in tee third degree Of different draft from
the one on which the other indictment found To
ths Indictment Bishop, alias FindlAy, the approving
Witness had pleaded guilty and the prisoner and Kis
bs.s pleaded not gs'ity. There ~ nothing In the
case far 1t 10 before me, to showsxcept by fnser
ance from the proceedings in the other case-that Find
wy is to BE- used ss q witness for tbs prosecution
must therefore hold the prisoner to ball. In 2000
this Indictment. The third Indictment IL ons syAinst
charged with obtaining moneys false pretencs
From the statement of cOunsel and the proceedings, II
that this Ia an Indictment 10 respect to goods
porting To have bet sent board the steamboat Mar
tina Washington, which was burned on the AissiaaipR
river aso appears that the priso has bscn tried
ont Of he same that tie 10 ONO
before Judge A;Lean, Of the United States
Court, and tn. trial in Arkansas before .
the pr, soner acquitted On the Argument before
me, under the impression that probably these
acquittsls would furnish sufficient to this in
dictment but reflection that doubtful Still
do mot expyess ary opinion ON that subject The
charge In this indictment il for obtaining moaey
What the prisoners said vas pork, clipped on thu
pr secution bong shat such commodity shipped
find that Of the defendants nauasa shs ind,ct
nsnt have ALREADY been admitted 10 bail in vary
ing from 5000 10 s25o0 but principally 10 the Of
$1,000. and therefore FIX thu amount OF bail Of the
prisoner Cole this indictment at - OO0 The sgyre
gate Of bail on the three ndicuasnts viii be $500
The District Attorney, although notified, not hxvag
appsard this application, think It proper that he
should be Of the and security offered for
bail will take the bail IN the sums have mentioned
the 9Th instant at chambers ct 10 AM, and order
that notice BE- given to the Dstr Attorney that bail
the names and residences Of the proposed bail Order
accordingly.