New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-10-30
LAW LNIKLLIG FNCE.
cornr OF OYER ASD TTsNNER- Der s-Bss~s
Judse RoossyrLr
TRIAL OF JUDGE STUART.
N INDICTMENT FOR RECEIVING A RRIBK

The lev p=pel OF two bSbufeu ahd my jurors W1
calico, and about one hundred and oigh of tscn an
sweIed " The ranCs Of these q number offcred e.
cues, sDd considerable DELAY wss caused, in Goose.
quencs, in receiving and cisposiog Of them. Mr..
Cutting appeared ss c9urse Tor the prosocutJn, Vie
district a. oTnsy beng present as 8 witness; and
Mess. Stouahien ane Shsfer. aided by Messrs-
Whiting and Brady, who also COUNSEL in other OF
TIE nicotine az cssss fol desehse.
Mr. Cutting moved ON the case. Mr. S,cushton rsse
spc stated uoat the indictment found orl, three
week ago and the counsel for defense have nos hsd
tine FIR consultation Messrs. Whiting and B,sdy
have been engaged in another case from which they
were not relieved tnia Thursday evening". He NEE
Ill cd be fact 10 Mr.. Cu'ting. who hiss change Of II
on Saturday. lie moved tina, the uial be postponed
ior The term. The counsel, DC said, are aware OF the
srxioy of the accused be ele cd rom the matter.
but the counsel 90 feel At liberty for the reascos
stared 10 p oceec. H. himself HIS rot had an oppVr-
tupty to COIsult with he s,niJr couo-e till this mo-
melt IL isDta ctse 10 be pushed alO. with lode
c.rcv The refpo sbiify If the ocSejiDg if IA 50,
will res, somewhere, and lie ,lt somewhere. The hon.
orabl JUDI The benc he salo, he knew would not
be opy,eed to proper oelay. Ihs charge IS agaiost
iEb judicial officer, many cases OF ycry minor
importance to this have been postponed for mnch
longer IgGcO IN Il. Is IOy asked. II there any rea-
son for the ubprect deno1 caste 10 pees thu msf'er
or VII ch objection To il would ndi a:e they would
Ike 10 Lesr il.
Mr. eating replied that il is true he bad been ap-
Piled tn 10y tie sci on Ssurlsy TO lay tns csse
over, but BIS Gee iuel Il; th,t he hr-t saw In the
paptss tina be had assigned by the court 20 Try Il,
and hUugh he dgty was GA uul eSsaut one, be felt
il q csse which every member OF the bar should No
wiling 10 gaze III; tiGt toe proper place TO Apply
for ~ Law soud be the district afro neys office and
the ost let attorney wa wiling 90 postoo-, he should
be bSpry to co so. have, said Nr Cut log, spoken
TO Tie dsuc'stton ey 10 rea'iOn 10 the application,
al that officer stated thai pos'rshemeat would DO
extpne u furious 10 the persecution, that number
If wi have been brought from abroad, sad II 10
proper that hs should proceed Ii is proper. also,
Mr.. c. sad, romt TACT hat the accused Is a bigs
ju cis oHicer. and il not guilty Of the charge, 10
rouo b. acquitted, and II guilty IL should be known.
He occrIies a position on the bench the business OF
which suftrs by delay. The Indictment was pleaded
10 sou cay IA in the set Gown for trisL lie
could reason why TIE case should not proceed
M Whiting roee-He said thar We are sill in q
place OF nOur; ing We have ust assigned oae judge
10 Ls last ing place eartn-ond the prescott ques-
IL VIII, ber another judge shal be placed Ia nv.
il tOu.b rather han which II W. oeter ne SHOULD
Gle Will, ut tie opportunity Of time for the tiai.
There were several in lcimenis OF this kiad aoa
ole Of them LeCesss,ily cupied much atentoa, In
which poltioa CT tho preset coupsei was ehSssso'
ard had no orpOruniy 10 consult siih the ohr coun-
eel who we're occupied with their own e02agesonts.
The bu,ness Of this court was Interrupted by 'ee
melancholy event VIII on has hnpPene1, and tue cosn
knows how were cupied on Friday and y ttur-
d.y. / have Lot had time 60 consult with my client
nor 10 read ne OF the Indictment. l Is now just on
the eve OF election, the pubic are IN state OF ex-
Citemen and ii Tar better, IL hoe mast % vio-
tim, TO sel Judhe Stuart to tho State Prison without
isl than to do so by tho mere form Of a trial.
With tuco iIoceec iDgs ~ ht sc no Judge i.ssfe 10
present app caOn asking bot tGle, aud hs trusted
at the Application would be - ahtod. " Is no nsdo
on II oaIt of the accused bDt on toe part of COUNSEL
Tie die ic-aouey has resigned the position OF prose-
cuiiDg oitic. snd appears as witness. Ii Is c.e
dIi Mt ON ordinary one, and 1t - impossible TOT
Us it'll prophecy, uDprpaod as We aIo, " proceed.
lie hoped the a0J JurLncnt would % aIO fon.
The Judge then remarked that ho suolo-cd the time
had toer fixed by bVth par les; Mr.. Bray sa'd no
had not COS seD'eO; be gave that consent tnat IN IN
evts WI en- is selcUccd 10 Ole # there was not,
cobtinhec the Judge sdch Dseot he court III readily
perceive hat The e1go emets OF cout se might pr"Vn'
them from getibg ready; II ia case IL w ch proper
time should be allowed, but ne does not eoe Why it
should bo llid foo the term; case hs beoa re.
down The day rDgbt (Baier 81 and 1t would bs
desrbb Il al Ibis mater should be set down also Tor
that time.
The Judge said lie bad just received note tia. the
wife OF de-, ldaDt IL ELK aud chit dangerously sick,
if 80, should have been stated by counsel. Mc.
stOu. btot eaid there "a mistake In the note nus
mott who is dapge ousy sick. Judge STUART he. not
asb r the pos pobemeDt but IL his cou0ss thai
have. II IL q fact t'bt anO her member OF his tanuy
seick. We 30 not SnOS who wrote the letter, (rgned
by M JOIN Whteleyl but Is cOrect except hat 10
Ia bis no her -tead of his chic that il dangerously
sik Mr. Stoue htoD reeIa Oh that csu' Gel have at
baa lin. 10 consult apd a. for tim,ef be nad NJ. had
time even II read the lndi0tmt NJ
Mr. Whiting made a f-w further remarks. Ho
thought The council would DE prepared by this dag
tire weeks .
Tee judge remarked that the geceral term would
meet on Monday next. In consequence Of tho death
Of Judge Monis there will be- osarrangenent in
the holding OF tho terms The present case will be set
down for thr day two weeks
Mr. Cutting said, reply TO question, that no had
nothing 10 90 with any Other case; ana ms district
attorney said be had DO other business ready.
IT. iury yes then discharged Ill Monday fortnight
Nov. 10