New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-02-19

the sufheiency Of the indictments IN these cases.
therefore move arrest OF Judgment IN the cases. ana
VII proceed 10 argue the matter when II saaa SUI
tie co. yenence Of the trict-Attorney.
lie Cour-Can party, after having come INTO
Court, plead guiity, and move arrest OF Juig nent
hr. Sickts- { eriainly.
Tie Count think not; 10 not wish TO throw any
mpedln mt IN the way If full legal defense 81 the 8c-
cu.ed, but wish to preserve my own CONSISTENCY ,
Nj Sick'es-A motion in arrest OF judgment : based
uItn matter Of record, and It makes no dinererce
"Leil'r tie party be found guilty or plead guu'y
he toult-lf man comes IN and tOric'sr5 tLal ne
i gully the confession confession OF al THAI IS a.
legged against lin.
Mr.. sickle,-ln the record it amounts to nothing
more than verdict Of guilty. was not prepare 70
have tbs position disputed and con eQurntiy have
brought 10 authorities 10 cite to the Court. Blu, II
your Honor entertains any doubts, satisfy yO1.
The Court am clearly OF opinion that this cannot
be done. When a pleads " not guilty be for
eit no night, and if convicted move an arrest Of
judgment. Indeed, | doubt If, having once pleaded
guilty, man can withdraw thas plea, uliess IN
special Gaze.
Mr. Sckles-lt il true, your Honor suggests, that
a man cannot withdraw bis plea, nor even pai in de
murrtr, Int be can move arrest OF Juis nent. II
may be that this Ofcnse vii be made Out y INSIDE
nearor and hot felony; or-and | intend 10 rae
tat polnt-we may show that tue Court has no Jnns
diCtiCn. Tie facts auyed against the defendant may
rot constitute the crime.
Tie Cou-In all these counts it is expressly ayegrci
that the man Is a cOuLuOn gambler Il Is stated Tat
lie phStu faro, which DriSs blu uiitI tnt cth-AtSi
and II strlkcs me that, even had he pleaded Not
Guilty, and was condemned, there were tdel no
grounds 10 move for al aire-t of Judgment. Have
you any authorities on tue subject, Mr.. D-trc-At-
tOney?
Mi Hall bow respectfully to your H)nor's de-
c.sion but cainoi see when man ole.ta as ~ %
foI al air' ct Of judgment plea OF u. " ma
much "a TIE law makes 10 distinction betw al p.
Cf guilty ard q conviction
The Court ain Wiling to give t4e defendant @ ].
tie rights he j. entitled to.
Mi Soklos-We only want our legal right.
Tie Cout-Certainly. Sir; those yoI eltit I To
without gruc. or favor; but am even willing 10 5riut
YOU mort, 20 far as the law vii permit nae.
The then postponed to Wednesday, wen
Mr. Sckes Is TO produce the legal preccdta'a ,0.1s 20
chow the right OF the Court 10 sustain nlJ.lO1 g.
arrest OF judgment under the circumstance.
In the CAGES of " iliiam and Eden Nosns and WI
liam Mathews the action taken.
Tie case Of Michael Smith further po,p)lci.
An officer who had gone with warrant for sam
Suydam stated that he had found hi : SEX IN a.
In the of Blackman the People w-re uot ready
TO proceed with the trial Both cases wen, over fJr
the term.
Tie care of james Irving, on an indic.moit chang
ing Lin with assaultins Mr.. Suydan m July, 1874,
came up in order.
Gen. Nye appeared as his counsel, AM m)y,I
the case go over 10 the March Term Oh the following
grounds:
First Tbo fact was no,oaou, thai defendant .to,d
indicted with Baker IN the murder Of fO1'e, an that
would pre- Gdice the community against ulm. Ii H1d
he. II informed bJ the Distinct Attorney that he m
tended TO the entering OF n0iic prOs'Y % IA the
murGtT cGse and the counsel thought taat -ae shOu
70 forth to the world TO anti tote ~ io.-
m,nt before lie should be tried or tnir minor otrn,c
Second UnGer the supposltlon that the case wi- to
rest the defendant lad pad 10 further attention To-
De pairing def,Ire, ana Ll- wltue5.t5 w.O prs-
ent and raw tie ailray-Mr Quincy AID hr. R.lrii--
were POW absent IN OtlO. They, th-reio.c desired
them to be enabled to secure the presenc. Of t4osr
Witnesses
A0er some further lrguIuent tue Court consent ITO
low the case to 20 TO let the defendant pr.
the necessary ailIdayits.