The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-01

TIE CASE OF CANCEM1.
Postponement or Sentence OF Death MI
chael Cancemi, for the Murder or Police
man Anderson
SUPREME COURT-GENERAt TERM.
Before Judges Davies, Mitchell and Clerke.
Nov. 3O-Immediatey after the conviction Of Michael
Cancemi the Italian for the murder of Eugene Anderson
and on the day appointed for his sentence which was the
the goth of November doubts presented themselves as to
whether the Circuit Court which merely branch Of
the Supreme Court had the power to pass sentence of
death upon criminal, and accordingly Judge Davies
postponed sentencing Cancem until to-day Although
the hour when the proceedings would be commenced
not named the of the Supreme Court beseged
as early as O'Clock and every leading to it
blocked up by citizens who DESTROYS of witnessing
one of the closing scenes this melancholy tragedy The
crowd was so great that the officers compelled TO
throw open the doors Of the General Sessions in order TO
accommodate the hundreds who remained outside This
room was soon filed to its utmost capacity, and even
then those who were anxious obtain admission could
not do so.
At a quarter to II O'Clock Canceni brought into
Court by officer Buchanan, who has had him in charge
since the indictment against him has been removed from
the General Sessions The prisoner dressed in the
same apparel he during his trials and although
his expression composed II was pending his
trial his appearance did not indicate that he suffered
SO much mental suffering it would supposed that
person placed his awful position would undergo Messrs
Asbmead and Bankman, the assigned counsel OF the
prisoner were present. as were number OIL the irenos oil
the convict and the deceased officer.
When the Court was opened by Mr.. Bertholf, District
Attorney Hall and said became his duty TO bring TO
the notice Court record Of the proceedings relative
to the indictment and trial OF Michael Cancem for the muir
der OF Eugene Anderson, upon which he would base
motion After reading various formal legal records which
devoid Of he moved for the judgment
of the Court upon verdict Of guilty. rendered by the jury
who tried Cancem for the assassination OF policeman
Anderson IN Centre street.
Edmon Bankman, ESQ., one of the counsel for Can
cem addressed the Court nj considerable LENGTH pointing
out as he maintained defects in the record In
support OF motion Of arrest of judgment he Submitted
the following points, and occupied two hours IN ampying
them
J. That the Circuit Court had no jurisdiction the above
case all the proceedings which took place at the
Circuit Court before his Honor Justice Davies, were coram
non JUDGE.
does not find the defendant guilty of the offence in aar
ner and form, as he stood indicted.
g. the cerorar dir tel TO the Court of Oyer aud
Termuer for the count ~ Ne1 York to send NJ We in
dctment pending therein the OF the People aust
Michael Caaccmi, has properly returned, lat
the iudl r.ent Gent up rad comes ircm rae ~. ad
Termner tor the city apd 'euty 81 New Yer. NOR &c
ing no srcL court hn1Wn tae laws aud o"ns uf1e OF
this Stat.
L. If the court had jurisdiction 10 try the ndct'aer
moved from Oyer and Termner to the supreme Court the
order directing what circuit it should be tried should
have been speca and not at the general term
the Supreme Courthe the general term Oh
the Supreme Court being simply OF an appellate character
s. That the indictment in this cause found and filed
in the Court of General Sessions of the peace for the city
and county Of New York. in OF the act OF $780,
and never was an Indictment Of the Court Of Oyer and
Terminer Of tho county Of Eew York
8. That by order of the Supreme Court, made the
18th day August 1857 the said indictment ordered
be tried IN the Court of Oyer and Termirer OF the
county of New York which order never has been
versed vacated by the Court and that the sad order
directing the trial Of said indictment IA be had in said
Court OF Oyer and Termnsr was in full force aud effect at
the time when said trial had IN the Circuit Couft De-
That prior TO the act of 1856 the Court Of General
Sessions had no urirdct'on ia caiai cases and there
fore the act OF 3 being passed prior TO the act OF 1885,
could be construed 20 give the Circuit Court ur
dcton in pending or originating in the Court Of
General Sessions otherwise the section of the of 1885,
which gives the party defendant stay Of Judgment
matter right would have mentioned the Circuit Court
well as oyer and Termner and General Sessions.
The statute Of jcofas, amendments do not extend TO
criminal proceedings and therefore essential defects arc
not, IN civil cases aided by verdict Il Chit Or COL
Barb Or. law, 372.
Nor is the ground Of arrestng the Judgment confined
Indictment alone. II may be found in any part OF
the record Chit, Or l." c9i, Barb CT; law p; STD
rendered by the supreme Court and there be con
vction, seems that the circumstances in evidence must
be laid before the by case or In some other way IN
enable them tn estimate the proper measure OF punish
mcnt u Cowen, 1os-l33, 145. Barb. 3sG)
Where an Indictment has been found at the General
Sessions for rablc IN that Court and the
subsequently removed into the oyer and Terminer by
judges order the oyer and Ternner has power TO d
al, &c sc. (iarb &. L. 2'T.)
The power the Supreme Court to send the cause out
Of the county for trial. claws lsi7, p 1873, Az Barb
The statute provides FOR the removal OF the indictment
the General sessions No record Is 10 be transmit
ted
IT. then the prisoner not arragned At the Circuit,
there " no evidence that he has been arraigncd.
Aga,he order requires the trial 10 be had at the Cir
cult aud the plea IL necessary part Of the trial OF an IN
dictment.
The District Attorney replied by saying that he had
argument offer in opposition TO motion OF arrest Of
Judgment and briefly reviewed the leg, objections pre-
scented by Mr.. BlaDkman. He (Nr. Isl) would not die
the Court 10 their power taking for granted
that they knew what jurisdiction they had before passing
upon the previous motions in this case.
As soon Mr.. Blankman had concluded his speech,
the senior counsel,
Mr. Ashmcad desired to call the attention &C the
Court that tho whole record Of the proceedings
had been presented TO the counsel which should have
been done. n the Court sentenced Cnccmi on that occa
sion, Mr. A. affirmed that they would do 50 on paper
made OF recollection and contradictory TO the record
lie also maintained that tho general term had no power 10
the prisoner. He said that Canccni wefa sen
fenced now he would discuss other important points,
growing Of portions Of Judge Davies charge to the
Jury, especially h.s ruling the evidence Of the good
character of the accused.
Judge Mitchell said that the motion for arrest OF
Judgment was presented IN such manner TO make II
cxpedont the Court should take time ~ look into the
subject and the decision should be the result of deli
bcrae examination Of the Code. The Court then ordered
the prisoner be remandcd to prison and 10 appear
Monday next, when the decision would be rendered
Canccm was Immediately removed, and the regular
business before the Court was commenced.
A Contract with the City Declared Illegal.
SUPERIOR CouRT--GENEnAL TERM.
Before full Bench.