New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-10-10

=, ~. of;oe the authorities are all American, but he
does not know that there was any controversy a. 70
lated to them. He finds however IN an Eogu',u "a he
isiop that such an issue be tsd by eJuy 70 oe
summoped instsMter. He would Therefore s''er 'ne
Plea TO be tried by the country, and the pies ""S ~
Uttered. -. ,ho ;D,o..
The disirict-attorney proposed TO nave tue u'eou-
rsiiop proceed tomorrow. ,
Mr. I,rsdv said they woud not be ready 10 morrow
The,e IL no such bury for sacrince; ihey "sn 70
seOd to Flushing and be prepared Tor toe laqny'
Ty,a attorney in answer 10 smother ques-
a. es % rben he would be ready said he would be
40 on Friday, unless they consider that an unireky
day. A.. -, - oo,be,
dilatoIy plea.
The District attorney remarked that a Gaze for muir
der had been set down for 10 morrow.
Tie iuoge remarked that two circuits had been eet
down 20 be held by this court ibis monh out are ii
terfa,ed with by the criminal business He would ask
If II ia necessary 10 have the capital casee ted mere
The district.s,torney replied that IL is as parties
choose. There ia one CASE nave Sent W. 49, 49,
Stuart word that shall try his case next "oiyt t
which will have 10 be tried IN tbs court the c' ~,
will not he called upon 10 try criminal casee again '
November -. .ho d.,-;.
.,,ney reolied that The court Goes not wasn't him to
90 ont and convict homlcices TO be brought IN aua
tried. .
b tbis court the power TO remit capital cases TO the
Sections. -,
The district attorney remarked that Judge Smith
having resumed tbs TO preside AT toe Couct OF
Sessions he has ordered back TO that court some OF
the muroer cases which he had purposed 20 uy mere
He did Lot order them before for reasons winch nave
developed themselves within the last two or three Gays
The district attorney said these cises, as to the
aldermen must be tried here, and TIE Judge agreed
tba. they sheuld be so-also that of Judge Stuart
Mr. Brady said he was ready 10 procee1 with the
trial Of Ale. Drake.
Mr. Busted asked that the trial Of Aid. MOser be
proceeded with il stsnter The dis 'rictatOn ey could
not assign any particular day. He said that there
was certain counsel in relation 10 such matters which
the dissric' attorney should keep TO himself. The
Judge remarked that perfectly proper; the dis
frct attorney has right 10 bis own counsel and pro-
coed at bis discretion
Mr.. Brady replied that toe dstrict-attorney not
only keeps bis own counsel but keeps the counsel OF
prisoners waiting here too.
The trial Of the plea ia abatement as 10 AID. Her.
mex was set down for Monday Dext
The court then adjourned TO Wednesday.
SUPREME COURT Der. ESPECIAL TsRn-DEoIsIoSs.
INCOMPETENCE OF JUDGE FROM AFFINITY.
Bsvsn abroad Co. Robert Schuyler aud Others
Judge Clerke in this case, at an early stage OF Tue
gsuted preliminary injunction against all the de-
kndsnta Motion made 10 dissolve tn" ground prnei.
III. fret cousin Of yse CleTe and that
que Of affinity, could no. SIT IN
injunction. Judge Cowes sustained the
notion and the INDUCTION was dissolved. -
Thomas Losee sgt. William III. COfiin.-Judgment
for defer dant, with costs.
Eugepe Tborne ngt Louis A. Depau.-Judgment
for plaintiff with liberty to defendant to answer.
RssolveD, Stephens agt james j. Der inc and Others.
Judgment for defendant with costsplainta amend
Ei,ha N Welsh agt. William Ogilvie.-Demurrer
ovenuled, with costs.
Lucieb ID. Conan sgt. jeremiah j. Baxter.-Deci-
ion same, with liberty 10 answer.