The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-03


The church has been advised by the highest legal
counsel that they can dispose of their property to much
better advantage than by uniting with the Corporation
the terms proposed; yet understand that they are
willing to adhere to their original proposition. They
cannot however, be reasonably expected to wait much
longer for the action of the civil authorities and it to
be hoped that the Board of Councimen will take mp the
subject at the earliest moment.
The March Term of the Law Courts.
great number of have been disposed Of during
the past month, though not many of public Importance
The Judges now sit until O'Clock, and the calendars
down with rapdity, yet there sti remain vast
amount of to be disposed Of The trial Of the
gro scuttling the Eudora Inogene-fom which the
captain and mysterously disappeared, and not
vestige Of whom has since been foundw in all probe.
bty commenced this term in tho United States Cir.
cult Court. In the State Courts, the the
usual description of civil actions damages breach
of contract for debt and for injuries to property and
person.
The unsettled state the constitution of the Supreme
Court Bench in consequence of the proracted dispute
between Judges Davies and Peabody for the seat, IS
matter Of grave complaint amongst the lawyers and li
gants Several important cases have been postponed
the suitors object TO go before court which legally
composed Of three judges only but where four persist in
sitting and they deem it prudent to
bide their time" than to the risk of being obliged
to argue their again de before perfectly
stuted tribunal Thus the matter Of the reservoir
he long pending Carroll will case and others Of i'm
portance have gone from the February term be-
of the doubtful authority the Judges OF the
curt Of General Term then presiding not for the sake
large number Of suitors who suffer from pecuniary
embarrassment until their heard and adjuo
Gated upon hope that for the honor of the Judiciary
this disputed Judgeship may be fairly tested and legally
adjusted without further delay.
The case of PEOPLE at the relation Of Chas j. War
against Coleman Stetson arising out Of the Pro-
hibtery Liquor law, submitted to the general
without argument The points OF Judge Capron for tho
respondents the people, set forth that the Court erred
in admitting the of the witness Cowen to the
question, where the best brandies madef"
The Court erred deciding that make the offence
the complain ant must prove sfmsvey that he sale
s Prohoory law ns
laws and treaties the United States not embraced he
prehinieSn but may be sold By any citizen in any quantity
be exception ne hrst section aAa1 be interpreted .
sssa sos. ss ss RssSa pb
q &c
sdtutional.
On the part of Messrs Coleman stetson, Mr. John f.
Deven submitted points, ngst which were that the
incompetency Of the witness testify where the
best baudies made could have been shown
examination The seventeenth section of the Prohibtoy
law provides that proof of the sale Of liquor shall be
sufficient to sustain unlawful SALE" But this evil
IDENTIFY refers to the sale Of liquor prohibited to be sold
by the act. They contend
That the law unconstitutional and Aa the Legislature
hat What has Away: been Known DTopsr .ns
which PROF er has heretofore been 1t hs proDey
~ such ana ana ann may BE- ad =. has
e % 81 as d S s ss% ssss Of this State
The Court will not act upon this until the question
before the Court of Appeals is adjudicatsd.
In the case Of Deputy Sheriff Csrn, convicted at the
sessions for malieAanee Mr.. Clinton submitted on the
part of the accused, moving for trial. that
The ndcmen, must charge the crime with certainty and
and Circumstances as will constitute the crime; statement Of
livery circumstance stated in an indictment must
Be- laid dS that is The mus. .rm
such and such crcnmstances
RS sss Sy IN s
ne sSss MY ,ssn ss r.
in the Indictment the defendant Deputy Sher Sheriff.
g IL s $ ay
S Ssns s ssh 4 n %
acts Of the Deputy. f~'' '''''
We hope the decisions of the General Term viii not DO
affected by the doubtful constitution Of the Court.
The March term Of the Court of Sessions opens to-day
Judge Capron will continue preside over tins court
until the LIST Of April District Attorney Hall looks hale
and hearty and having just returned from the Pttburg
Convention he well posted up and prepared to prose-
cute roguery in ali its forms.
The bail will be tried frst and at the head Of
hese stands the Indictment for bribery against Joseph
Eblng, the Commissioner Of Streets and lamps. This
sse having been tried at the January term its percu
fresh in the minds Of ALL The jury failed 10
agree at that trial. having reported stood six for
conviction and six for acquital The other bail cases
likely to be tried this term those OF Alderman Heay
also for brberyand Of James Irving for assault and
battery upon Samuel Suydam. The gamblers are not
kelly exercise the scrupes Of Judge Capron or make
their appearance in the court during the term We
informed that arrests have been made upon the
bench warrants issued against Pa Hearne and Others
The prison cases. called present calendar of eighty
six Names which is much smaller than usual.
The following list of the crimes now represented At
the Tombs, for which indebted to Mr. whtteman.
the Clerk Of the Prison -
RurOl