New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-03-04


nance bss 20, been repealed ri terms, nor - the AZ
rcpe aled that authorised ia passage The seesh Ne
lids have not by any Law or process become iawsut
and substitute has been provided 70 sci IN is Pss
icular sphere. IL svahd constitutiona unrcPeaaes
fb,s case should be tined IN The Special. and sst
IN The General - ssionr. Tts Court has exclusive
jurisdiction Of misdemearors. TACT Of April H. issS@
Tb psnal pre,iminaIy steIs taken. The accused
did rot esct 10 be tried the General Sessions. Ne
such record appear the psper-- The Is regu
larry before tbs Court OF Special Sessions, and here BE-
nust be tried.
The claim that the accused In giving bal virtually
M de the election il utterly grcundess The law 70
qures the magistrate 10 send the accused direct -
iis Court, and he must have power TO do So ana ~
Count must have power cal for the papers, preccsd
to the trial, and command the attendance OF the -
Cused.
The act Of April 18th was intended TO enlarge he
powers If this Court Before that law was psssed,
this Court had all the powers exercised by the Judges 81
the {, mmcn Pleas, Mayor and Recorder when sitting
such Courts No doubts the intention of this AoI
When complaint Is received by the Clerk 81 thB
Count is his duty and his custom to euter it usos
the docket of the Special Sessions, unless the papcn
are ndoTsed that the accused has elected to be tined
at the Genefal Sessions.
Ifthis reasoning Is not correct then no man can b
convicted Of nisdemesnor, unless he peases TO sub
nit himself for trial. and every person who has becs
convicted in this Court Of Special Sessions after hav
ing given bail, has been illegally convicted ana pss'
The whole purpose and intention of this ordinance 3
that II should receive a summary trial and decsos.
and ts whole spirit orbids that the two thousand cases
of ts daily violation should be added to the already
seriously saeumDered docket Of the Court OF Gcoera
Sessions
After the counsel had concluded, the Judge stated
that this was likely to prove Of very consdern-
bic in portance and that the decision Of the Court
Of Appeals on the Prohibitory law, which yoslA
doubtless be rendered in the course Of two or three
weeks, would have bearing this case, he wouia
reserve his decision till then.
SUPREME CoURT-SYscAL TERA- MAscs s-Befsss
Judge ROOSEVELT.
Hiram y. Rowell agt. Joseph Lyon, Nc.-kepou =
referee confirmed Surplus proceeds Of the mortsssed prs:
be distributed aeeodns the principles laid down ~ h
with special directions be drawn and subatsS
Geo. G. Mitchell agt. Aug. Hendricks, &c.--Motics
to get the sale under the decree Of foreclosure denied
Edward Hampstead agt. The N. Y. Central Railroad
Comrsuy-Moon to change place Of trial denied wAcsf
Patrick Rickard sgt. Richard Brown, &c.-rhsss
p'i''' ''e"' ~ 70 Before Judge DAVIES
Nelson Clements, &C., agt Henry Sheldon, Sc.--
Motion to dissolve injunction granted without costa
NETWORK COMMON PLEAs-Gener.l rsrm--Drcsaoss
OPINIONS.
IMPORTANT EnioRAsIs.
Ludwig Lenbler sgt The Commissioners OF Emigration
ISGRAHAm, +. 1.-The evidence shows that the barge
ON Which the baggage the employ Burns saA
provided by the railroad companies and not b deisndas
his mode Of eHeetins the landing Of smsrants ON devs
20 the eiqrsnt at the p the barge Of his baxsss
rssns cs GsrdS not the defendsuis but the PERSONS =
charge and his empo, e are .ele and ' = undspaed sa
employ the person IN charge and provide the barge Do
their consent but that does make them responsible for h
| acts. as the owners and employers are.
Is anything core after landing which transfers to deieoisnf
the custody Of the entrants property see no evidence
with statute requisites registration &c they prohibit ha
fom bnsRs upon their premises the very safSass tnsy s
where the liability, raised continues ssS
his proceeding noihg the finding that at any ms
| this fsgssge in defendants custody.
hi: bsgSsse onosrd he barge still such acts
defendants bsees where the custody OF the prep
FraIkn w sgt the New. Yor and Erie Railroad Company
| ISGRAHAn. +. 1.-THE main point decided in this
pS.on beyond The Place to which HE line extends aud
ers them gch ermngs 70 smother TO DC forwarded tss
occur While hey arc in he custody
ory b nit, f. p Smith q and brus sst ,he Now
twas eoniended the for til.
and are therefore rsspSpSs b.. the court
for the other lines while the charge for their freight
sepatsie and distinct from the other charges
erred rot at bergen :, directed but Jersey City, s,s
~ received rem at the latter place and PAID The edition.
destaon Nor is any special damage ,hS.n 20 h1, seosy
Michael Foley sst James Cough.
a
the law the claimed does exceed BOO.
though the between the parties exceed 800 Jads
'''' Eienne Guberon sst Lou. 0nnoehie
A note not indorsed may be proved BY the comics
thereto, who I not called or hi. absence excused.
COURT OF COMMON PLEAs-GEsERAL TERs-Marcha
Present all the JysTIcEs.
In the following causes judgment reversed will
6eite 81. Herman asncIni Tom Brown ss Tom B jonsss
Samuel Allen ss, Geo. scorj Ludwig Lember sst The Com
d sf pSn ts Ts New lo sa Ere Rs
corIany John Brace sst John Lords Oliver HibSsrd
In the following, judgment was affirmed with costs.
Michael Foley agt James Cough Bepsmin Wing ss Tbs
s ST Ta Gls Lewis Np h wssT hoSrp John " e1s.asys
hy % me sSonS GREENE Tom wso4 az
Jonas B'I n op. krsnSs ss asRy wG a The
Sew.York and Erie Railroad Company.
CLARK Williams agt Amelia Wils.-Order affirmed
Moses Y Beach ast. Julia Raymond Order affirm
Hugh Allen agt John w Bates.--AGirmed in part
Isaac r. Fitcian ugt. Benz. BterIl. Judgment
susperoed and new trial ordered
The Court stated that this disposed OF all the cases
teioe }; for eecsicn, except single motion
COURT OF GENERAL sEssIoss-MAacH a-Befo's Re
corctr SMITH.
The Court convened this morning for the March
IT,, N, Recorder smith presiding 800 ~
Grand the Tenn; but the full panel answering
further proceedings the matter were postponed until s
After BEARING various ased.s
uTon releasing them from sitting the Court proceeded 10 taks
Robert b. Holmes counsel for Michael Smith, the
Csrron the LAST Of The Court admit defendant pat
ting ssETrs ,ses tbs. %. dsssasp. desired . sS
ehgges him with having 6tled houze for the Of
e N b. esse The counsel lied n sS behalf ssrss
Elijah r. Purdy Richard y. Connolly and John Clancy:
tanned in nearly every case who're the Court having ows