The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-15
LAW IsTELLIGESeR.
suprrme Court-Gcneras TERM.


0OUr D'ETAT.
Yszt H-Is,ng before hour Of business ths Court
Sson crowded to excess. Ex. judges, lawyers OF
s.nsnce, lawyers Of every degree were In attendance
anious witness the result OF the disputed judgeshp
A about twenty minutes before eleven O'Clock (the
As~ Of epsning), Mr. T. +. Davies, who sat upon the
1nsh the previous day, entered by the side door ana
tssk hts seat . member of the Judiciary. ny de-
0sas TIE room became and more crowded, until
- Isngth others could be admitted Judge
lnvies occupied himself reading the HERALD, and
~ spectators-vho had now thronged numerousy
= On any of the recent trials against city OIL
S>1x ar even at that of Baker for the stanwix HAn
Asnicide-becApe uneasy, anxious, noisy; din Of
vssss wss heard throughout the ROOM which rsssmssd
1850 the impaence of audience at the Broadway or
nuons theatre before the raising Of the curtain an
- interior Of court Of justice. Some aid that the
sart OF Geasral Term would be opened in another roo
- others positively asserted that the deputy sheriff had
warrant In his pocket for the of Mr. Davies and
- the question Of right to the disputed uSgsship
- thought up hAbeas corpus.
A. about 10 minutes after IL O'clock Judge Davies still
sss.s,) the Whispering magni6ed Int applause snd
stamping Of feat The officers In attendance cried
sss silence" but the authority UNDECIDED and the
.s1aauss vas renewed with greater vgor.
Judge Davies addressing the oficera) "3fcsrs win
hssp silence"
Mr. HARRY BnsTHor, crer Of the court bat iacetiousy
sAeA the 'Chef Justice, in and cried out with
asassran voice, Gentlemen must keep silence Ia the
court ROOM daughter and cries Of shear and well
Asse, Harry.'O
In few minutes afterwards the sade door again
spmed, and amid solemn silence Judges Roosevelt,
DsAe and Peabody entered, and assembled the bench
without taking any notice of Jadge Davies
TAs Pre- siding Justice Rooseyel directed the crier to
ssa the Court which accordingly done in due FORM
Jssg. Roosevelt then said-Crier adjourn the Court
sn1A this cay week.
Harry Bartholf-Hear vel Hear ye! al of per-
sons attending this General Term of the suprsme Court
- city and county OF New YorS, you may depart for
NJ court stands adjourned till tins day week tIa.-
laughter, shouts OF derson, of triumph and
tsnpt mingled with applause, followed this announce
nssnt)
harry he indonitab,e crsr still cried s.GentIe-
TO order" Bat the Judges had left the
bench and there being no Court to commsu1 dscoru
. 70 restrain the ebutios OF feeling, it got free vent
- laughter and applause.
Jusge Roosevelt went down stairs and tack his
~ shanbers. Judge Davies, nothing daunted by the
sp d'eat cccapied the bench in the other chambers
- ssk In attendance record the proceedings and no
s46eer present TO wait upon the court.
We understand that the sheriff under advice Of conn
ri, VII issue all processes, warrants and orders for
ssst made BY Judge Davies.
Tie following is the judgment Of the Court Of Appeals
nc People If he STATE Of yav Fork on The rsgaion Of
Ss0sndans -Judsmsnt-Fabruary IL, Is5s.-rhis cause
having brought into the Court OF Appeals
= he list day Of December, A. 1856 in fsvo- Of the
aAs1 plaintiffs upon his in this action and upon
tbs further judgment that the sad defendant haa not
htxuded ped the Office OF Justice of tho Su
psse Court that under and BY virtue OF the pint
nent IN the complaint mentioned, entitled to hold
sash Office and perform the dues thereof until the 3lst
day Of December 1857, unless the vacancy sheua be
supplied by election to be held according
Nv and the appeal having beea heard and by the said
Csart OF Appeals duty Considered, il was by the said
CS~rt a6judeed that the judgment aforesaid be all
hngs reversed snnued and altogether held FOX n1thog
nd further orcored and adjudged that Judgment
the demurrer joined in this action in the said Supreme
Quar- be, and thereby rendered ia favor OF said
cisco of Justice IF the Supreme Court, mentioned in the
ssDpaint in this action and also ordered and ad
and he was thereby declared 70 be entitled to the
I'D Office by virtue OF the election ia said complaint
nsntioned: the said Judgment above mentioned follow
cne absolute only the said defendant should omit to
1vaA hineelf Of the leave to amend Hereinafter
= amend on payment Of the costs Of the demurrer In
Supreme Court by putting in au answer 20 the action
Within twenty days after fling the ren!ttitur IN tbs
1cTney Of said defendant.
And thereupon the judgment roll and proceedings
ssurt mt,ei into the said supreme Court, according to
~ statute in such made and provided and
lam OF record theren. NOW, reAdng and ming ALL
aavt OF the filing of the said reInsttur in the said So
YseDe Court the odd day Of January 1856 and otne
service on that day on the attorneys Of the sAa de-
- 20 day Of January, in said supreme Court and
ming the AFFIDAVIT Of Stephen B. Cushing Attorney Gene
za beariog February II 1885, stating that said de-
fssant had within the twenty days specified in said
j1gment of the said Court Of Appeals availed himself Of
- leave thereby given to amend and had not pal he
ucsts Of the demurrer In the Supreme Court aud ha
put in 10 the said action within twenty days.
It'll ordered and adudged that Judgment upon the de-
b. and it is hereby, ordered in favor Of said plaintiff,
I'D that the said defendant be busted from the office Of
Jusce Of the supreme Court mentioned in the complaint
In this action And it is also ordered and aoudsed that
Henry Davies, named in this complaint Is, AMI he il
Azeby declared 10 be entitled to the said office by virtue
q he election in said compliant mentioned
"a COPY h. b. CONNOLLY, Clerk
MORE LETTERS RELATIVE no THE DISPUTED JUDGE
SHIP.
JEyuARY 81 1856.
DEAR sr-fn the case Of the People the relation OF
Henry l. Davies against Edward p Cowes, the Court O.
Appeals has de ded that any vacancy existing in the Of
Zee Justice Of the Supreme Court the election day.
should hen be flied by the people without reference
~ question whether any formal notice was OF coud
The attention OF the Court was called 70 the kno
ASnot stated in the pleadngs there we're two W.
eaneies and that according to oher statements the
reeOrd the ballots Of the four candidates. Davies
HAton, Leonard and Peabody were by an inevitable
oessity wei by the express provision OF the
SECULAR vacancy which the electors intended to ILL
Leave 10 WltndrhW kne ueHEITet hn0 70 hurNer was
granted my motion in despite OF strenuous oprou-
tom by MIR. Hill, the counsel for Mr.. Davies 1t
suy for the purpose OF bringing this vic Of tue
before the court that asked leave TO answsr and cor
fainy myimoton ought not to have becn granted the
Court had not deemed my position sound.
fuller investigation has ecited the tact that Mr.
Davies complaint also in its statements
- 70 the form of the ballots. Those given for himself
Mr. Hilton and Mr. Leonard void those given for you
with perfect precision designated the vacancy intsnded
10 be filed.
Under these circumstances is clear ia my mind that
nuOht to eluir fla rd1e nd tn al hAsr
means which circumstances place IN your power 10
procure conducive Judicial determination upon il
without delay.
This could be done with the greatest prompt
sudo, II Mr.. Cowlcs would avail himself a the liberty
given, and put in answer.
II Ia probable that his Will not be done. Mr. Davies
claims that by implied contract existing between
himself and Mr. Cowles that gentle cannot without
violation Of honor do any act n disturb the judgment
yhieh been rronounoe1 and In .his hr. Coaaa