The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-13
The Case or Lyman Cole, the Alleged BANK
Forger.

! The Case or Lyman Cole, the Alleged BanI
Forger.
COURT OF GENERAL SESSIONS.
TIE ALLEGED C0NTEMPr CAsE-INTERRoGA GAr0RIEs
REMARKS, ETC.
At the opening Of the Court Of General Sessions o,
Monday last Judge Stuart presided and after the
action OF some unmportant business the Cole case wa
called for trial, when Mr. Basteed answered or be
half Of Cole that the defence ready to proceei In
mediatey upon this announcement the Recorder tooa
tie seat that had been occupied by Judge Stuart and
conducting himself the business Of the Court placed
Judge stuart at his left In position more rnanenta
tsan useful On the first juror being called and befor
he sworn, Mr. Busteea stated tAst the gentleman
associated with him counsel for the dersnce upoI
this trial. had intimated his desire - be present
the snpanslEsg Of the jury, but then actually
gagged in the Circuit Corrt.
The District Attorney stated in answer, that IL was
well knswn that Mr. Busteed the senior counsel in
this case, his associate being 30 only IN years,
Mr.. Busteed in reply stated that In soimportant q
the ssssanes and the beneas Of the counsel Of his as
tociate. and asked that the be postponed Until
ak whether placed upon the ground OF professional
courtesy or upon the higher ground OF the sacsy OF the
The Recorder in reply said he deemed the erapaune-
ling Of the jury matter Of very small and that
the counsel for the defence must proceed with
OF the frst juror called and demanded that tho chat
lengs be tried by trers.
great number Of jurors aside BY the jurors
incompetent, ON account of the matter for
three in the afternoon that the panel was iu~tSs r..
cercer then making the remark that day he'd been
Mr. vancervoort then said to Mr. Busiesd-Do you
sent to the separation OF The juryg
Mr.. BusteedI ,eally don't know what is to be doae,
Mr. Vandsrvoort; have heard motion or direction
from the Court
Mr.. vandervoort repeated the question, the
ply being given BY MIR. Busteed.
The Recorder then said to Mr.. Busteed-The question
Mr. vantevcort asks you is, Do you consent to the
Mr. Busteed-Is there motion before the court sirg
II there is, will be heard in to the District At
torney.
The Reccrder-The Court requires to know from you,
sir whether you consent to the separation Of the jury
Mr. Busteec-I have possible objection to the sepa-
The District Attorney hers rose and sad-Do under
stand the court to adjourn till to- m,rning, n
Of the Of one of the counsel for
1be Recoroer-Yes. informed the counsel (msauing
Mr. Busteed) in the commencement OF the proceedings
o.0ay that the court would adjourn, for the couvs
nence Of his associate after the jury empanneled
Mr. Busteed-Yoor Honor did not inform me, ~
The ecerder-You charge the Court with falsehood
will bear apology from you
Nj Busted was silent and made no attempt to
The Recorser-I win hear an apology from you, SIR
You have offended the dignity Of the Court
Mr. Busteed-I never offended any dignity.
The Recorder-Mr. vandevoort enter order for the
counsel to show cause 70 morrow morning, why he
should not be proceeded against for contempt.
Mr.. Busted said nothing to all this
Amid excitement in Court proclamation Of
adjournment was made until Tuesday, June II Eyes
teIday).
At the opening of the Court yesterday morning, Mr.
Hall and sad:-May it please the Court-In accord
with the order of the Court respecting the contempt
of Mr. Busted, have prepared ntsrrozatoriss which
now propose to read.
Fecorder-Is not the proper way to file them.
District Attorney-Yes, sir; but l propose to read
them to IL thing is to be added to them by Jour
Horror But before doing so wish to state in respect
to the contempt, that was deeply sorry-ndeed,
might ray In view OF the intimacy, professional and
peIscns which has for years existed between tie
mys. and my associate in this case the former District
Attorney that astounded at the insults whtoh Mr.
Busted offered to the Court and to the prose-
cutting officers ana to the jury. I looked 70 IL
l could find rome excuse but ] am sorry to say
could find rone rscoected that he had just returned
from long snd toisome journey, aud perhaps not
prepared for exciting tfs bat still could
find no excuse for this contumacy trust, however,
tories by Mr. Busted Mr. Hall then read the following
interroestories:--
formed you in the commencement OF the proceedings
that 1t would adjourn for the convenience Of your
respond, THE court said no such thing and IL not
what did you fayy
sectnd-were not your tone and manner disrsspsctfu
Thtrt-What inouced your reply to the CourE
Fourthwhat have you to say in respect to the ale
gat n that you have been contemptuous the Court
Mr.. Buseed then and said:-I desire state in
reply to the gratuitous apology which Mr. Hall has
without any warrant from made here this morning.
and in which he appears have turned from the pu6
lie prosecution OF the charge made against BY the
court, into private accuser on his own account
The Recorder here interrupted the gentleman, and
said he could hear remarks until the questions
answered.
Mr.. Busteed repled-vnasmuch IS am accused Of q
necessity lesssned in his social status because
prove to the satisfaction of all just men, and the entire
that am not obnox ious to the just cenaure of
liehtened and fair public
The Recorder-Its ths Court and not the public, that
Mr. Busteed-Wsll, suppose may at least ask mas.
much as am charged with offence. when am to be
tight % to Inow ask il At this stage Of the case, be-
James I. Brady, Esq, who Ia engaged in the
o. = s Ss "a 20:
bis own lawyer has a fool for client.
The Court the conclusion Of the present trial OF
MIR. Lotbrop, rsng-I wished to speak to the objec.
tons which Mr. Cole has TO being tried before your
Honor.
The Recordsr--Are you counsel in this court, sirs
The Reoordsr-rhen s,t down, sir No words sir; sit
Mr. Fairbanks rsiDg-As have the right to be heard
being tried before your Honor the ground that your
Honor has bsen the counsel for Fine ley who jointly
indicted with Kissane accompce in this forgery
The Recorder-You have gone far enough-take your
seat, sir.
The Court then adjourned to the next morning. at IL
O'Clock in order that the absent counsel for defence
might be present
THE CASE IN THE SUPREME COURT.
In the Supreme Court, before Judge Norris within
hour after the ournment OF the Court Ses
sions, Mr. Fairbanks made motion, upon aHidavits
which he read open court to the effect that in
quencs Of the relations which existed between Andrew
Findlay the States evidence, and Recorder Smith Iy
man Cole could not have q fair and imp aral trial
before the Recorder. and other matters to the
effect. That the indictment against Cole be removed
the Court of sefsions TO the Court OF Oyer and
T.rmiDer pursuance Of the provisions Of the Revised
Statutes
Judge Morris sent despatch to thu District Attorney
to ask there statute requiring that he
nf