The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-19

fault in the civil case and the consent to verdict
Of guilty In The criminal CASE meant NO more in eOnten
piAton Of law than plea OF guilty and, therefore, the
The COurt-when : man plsads sailty, nothing re:
the Court BE has 40 right to appeal or 70 bring writ
OF error or to move ojadgmsnt to AXE any
other step in the case. This Is my firm behx.
that after plea guilty party cannot plead in abate
mont, or move to quash dsmur 70 the Indictment
e1po1 appearing On the record, and may b
made at any time before Husl judgment
no q the case or that the counts in the in
diclrent do not Sufficiently charge offence that
the alleged acs do not amount TO crime at common lAw
by statute then case IL presen ed In which motion
in Of judgment not only proper, In accordance
with the practice Ia criminal cases, but It L. the only
mode by shich these objsctens be brought to the
notice Of the Court These some of the objections
which int I'd to raise in these Surely urt
ssncs over which Il had no jurisdst san less
would your Rnuor desire TO sentence Q party for
a supposed crime, should 1t appear from the record
pies Of guilty. confesses that the party has done the
cha ged in the indictmsnt Taese acts however,
party has not confessed himself guilty Of crime This
ard analogous questions may BIO raised on motion In
s1est might multiply tssss ss%
with the discussicn til informed whether my learn
ed friend the District Attorney disputes the proposition
for which CONTEND and am con6dens he will not do
So rs the course propose to pursue - in uoson with
the practice of this and the other courts of the state
The District At.crney-N Is quite true the learusd
counsel has stated that the motion 10 ares. OF jadg
ment Is bssac matters ap -eang on the rec ord.
have always supposed that it CO nps for party
avail himself OF any valid cbjscti appearing the
record after vei diet. and am unable to perceive
any distinction between the right Of the party TO raise
sch questions after conviction snd his right to do
after plea Of guilty. know of no In which any
such disnc is recognized, and principle sea no
the question ard is satisfied that the defenaans have
DO ,ight 10 neke this motion am disposed to yield
with difference to its determination
Mr. Sicklss-It / was correct in assuming
that learned FRIEND the District Attorney would not
venture re dispute the proposition Which in am and
which 10 entirely in accordance with the l'form
practice Of The courts submit therefore 10 yor nor,
view Ct the fact that he question: TO the
in iyastions which fallen from Court, Is novel to
your Honor whe- her 1t Is not best to hear preliminary
srgumens the right of The defendants TO move IN ar
rest OF Judgment spch be the pleasure of tue Court
will attend Wednesday morning, for that PURPOSE II
that time will suit the convenience OF tue District
Tire Court desire these defendants to have al the
rights they are entitled to:
Mr.. sickleE-we ask nothing on this motion but our
legal rights; snc these, sure the Court VIII rather
accord han abYidRe
The Cour,-Yes am disposed to do all that l. can,
and Lat these stand ever till Wecnsa
day mos ming, at which time l will hear a'gument
the whether the defendants 10 arrest
ct judgment, after the lea.
WILLIAM MATTHEW'S
Mr. Busted asked il VIM Matthews cass would take
the eaDe course.
adopted.
Mr. Bustesd-l have, perhaps, different views from
those u Mr. sicsles watch shall present ut the proper
time. Postponed accordingly.
WILLIAM AND EDEN NORRIS
Mr. Brewar-In t e case Of Wm. and Eden Norris |
will apply for ostponeuent to the same Day
The District Attorney thought the ought to 6,
tc-dsy.
TIE cate were postponed eventually TO Tuesday, to
enable aficsvits to be put In.
MICHAEL. SMITH
In the SC Of Michael smith, Mr.. Holmes put in
aidavt for pc Up Jneneut the ground OF the alb
Ct an imp rtan, witness
The Dis Attorney supposed it perfect answer
that The witness (John Morlis) under iadc mea.
court this DAY His opinion was, t1at gAne
coloipg back In hurry, and he could
Therefore or iorf ituic Of pail AID he kn,w mis-
Horror would grsDt f)s,tnre Of bail In breath,
and in The same breath postp ne case in watch the
man who forfeited his bail principal witness.
Mr. Holmes said bis client had ist received no ice
that Morley his way, and was detained At Ch,-
csgo 1t would be cruel to press on the case, and ma
te,ial witness absent
The Curt sgieed that II would not be prope, to force
this to trial if necessary diligence had been usei
to bin che Witnesses there He sgyeed 70 postpone lbs
case.
H. LYING.
ExJutse Beete appeared for Mr.. Lying, and sail he
would put in Q demurrer in this From Tnat no
knew Of the he thought this would 70 his
course. He asked that the might g over to le
rext tern.
4he District Atorre y thought it would be difcus to
get jury tTtm the present panel who had not made
ber minds He not feel tire readiness to press
these TRIAL that he did before the
o. the term for he felt pretty well assured tlai gam
bl ia the CT pretty effect aaliy broken up.
The was then put over till the next term.
cAsR OF ABRAHAM BLAcxMAN.
Mr. Hus ed asked that Lhia be pa. over Tor thu
terr, which request grau'ei by the Court. rhi3
eueed the gambling csses fer the day.