New-York daily tribune., 1857-10-01


before Recorder Smith, to set aside the late order OF
Judge Russell in sending the papers in the criminal
suit back to the Police Justice.
THE CANCEMI CASE.
NO VERDICT RENDERED-TIiE JURY STILL OUT.
At 10 O'Clock yesterday morning the Court room OF
the Oyer and Termner was crowded in ell its parts,
in anticipation Of the rendering Of the verdict of the
Jury in the case of Michael Csncemi. The audience,
however were doomed to disappointment. Soon after
Judge Roosevelt took his seat, the Sheriffs officer
handed him the following communication:
"The Jury, wishing to review the evidence OF the
rag picker request that they may be allowed to ex-
anime such report az Is pronounced correct by the
attorneys each side, aud also his evidence al the
Coroners inquest"
Judge Roosevelt remarked that it was for tho cOun
eel decide what should be taken in cfercnce
TO complying with the requeft Of the Jury.
Mr.. Asbmead said that he should interpose no OBJ
jerron whatever in the matter ard he was perfectly
lir to allow the report Of LOuths evidence pub
lished in THE NEw-YoRR TRIBUNE, which was by far
the fullest and most reliable of any which had been
pubshed in the daily papers, to be taken before the
Jury.
Mr. Hall said that he should have made that sug.
geson himself It not for the fact that it would
be inappropriate coming from the prosecution but,
inasmuth as the cOnunsel for the defense made the
proposition, he would cheerfuily accede to THE TRIB-
rsE's report being laid before the Jury.
In accordance with the agreement OF counsel, Judge
Roosevelt gave to the officer The TRIBuSE's report
Of Lauths evidence, and the evidence OF the same
witness taken before the Coroner.
At IL o'clock the Court tock a recess until ]. the
audience continuing to remain present: Csncemi
kept his seat the reporters table, and continued
ouet and reserved in his demeanor.
At Il O'Clock Judge Roosevelt resumed hs sest,
and he announced the reception Of the following
communication frOm the Jurors:
May Please you Honor the jury Ia tie case OF CsTce
mi having given nfirins s.ttoa and made the u'u t eors
ei.ey The sae as We were A. The ofo
and there Is not the remote probability OF our being able
charsed. W BAILEY LANG Foreman.
Judge Roosevelt remarked that considering the in
convenience and expense attending crmcai Trials, 70
say nothing Of that Of the second trial OF the same case
be deemt il his duty not TO discharge the Jury until
further effort had been made to come to An agree
nent. The proceedings Of the Court and Counsel 10
the ,e trials were usually published in the newspaper
and a. the trials advanced, nearly everybody became
more less familiar with the facts involved, aud the
re.ut was that the difficulty which attended the first
trial in inpanDeling jury, was greatly augmented IN
.ions at oil events 60 nearly approaching opinions
that with the rule in reference to the impsnneDg oil
Jures standing as i. now was the obtaining OF jury
on the second tIial was almost impractlcable. lie
thought therefore, that he ehOuld best consult the In
teress Of the public and Of all parties by keeping this
Jury out stl longer and let them make further EFFORT
10 come TO an agreement particularly asthe counsel Tor
the people deemed il proper to give bis consent TO dts
was acting, under his oath of office, the representa-
tive q the people; ard the Court bound to GER
tain extent 10 regard his objection one that ought
to have il. weight. lie therefore should direct the
officer 10 return 10 the Jury and state that the Court
wcud not allow them 10 be discharged for the present.
Judge Roosevelt announced his intention to leave,
and dire cted the officer in case the jury Should como
10 agreement befote O'Clock, to send ior nin 70
his house.
At eleven O'Clock the Jury had not announced to the
w. M
Ctmt Room during the day was that they had stood
from the time they retired nine for conviction and
three for acquttA
Tie Couit will meet at 10 o'clock this morning.
SUPREME COrRT-sPEcIAL TEaM-SEPr. So-Befors
Judge PEABODY
The bearing in the matter Of the WOOD aad DIns-
more andsua, va, continued .Lls norninG Dir Fe con,
GUIDED hi, sgunept for the competing ndds; saa o., &
sny the ,sns .. ,so.. rased by tie Counsel
.de who opered the that Wood and we're ,
Der,sp sI erceped from The rule Of our law which requires
the words Co to apply to Terson' having an
ter form substance the Otec. Of tho vericaHa
determine that the parties ains the Bio arc Ss
pose made any with the fae. and 4 Is 40.
d .ss i s :. 5 n: bs % vS nss b
70 by saJ one u tee psst.e- cSnant OF the ise'''
The intermirab,s Street Commissioners case was
next taken .P and Mr. ConoyeI. I9tiGn for 80 ~ LA
exanst ths Mayor argued by Mr. Brady Ano o..
NoTIoR.-Es parte Chamber bufiness WIN DC aon1 ,v
L-,~eeu and 10 oolCck Oct anl 10: after 10 "e''cN 1
tftT Spa.
DECISIONS.
Joseph N Oettinger, &C., agt. Louis hefsc an
Milton for stay Of poce.dz q. isd AID motion 10 d~s
sl.selIGsut sdouTred 10 Nt ndsy lext. -, T.
Lydia NJ Lis, &c, agt. Wa. 1 NILS, imP'es soeu' W.
-OfccI settled M
Evelna NJ. Benjamin sgt. Oscar f. Benjamin d.
vorc- sIAItsd
Before Jss.e p.v!,S W., and NswH.yen
Railroad Company. ..-.,,i,,
Dissolution Of the temporary injunction Tsu caTr
tS. Directors q the N-wYofk and New isvsn in
paIy from paying tie d.yilends on the!r ''eA
febrrs-y ls5i. 81, - IA. main
DAVIS, 1.-THE complaint IN th. csg.e hse oy on ~ and
Ias s gir. n =. stockhodeIs IN the
IL is tied well their behalf OF a. othei s, 20
VITO desire 20 sva them selves thereof and Sno
eonrue 10 the eIpeu.c Of the seton. The con M
tasi ty Il the hsud. Of the Ts0se, As,Ii o a.,
f,on larger amount of stock therein 1As nh .os Ia
suthory.t BY the az. Of roofpofston ibla to
nin zed ih the onas. and u;ne ths' u af
ei-.ilkish the ore G tie ether and tia: 70 cl
the Of the Director. snd the oher stoe ~
r.e The said stok large claims hsve been ,h, sins an.
Corpors,tou IN oopseqreuce tbersot thst onsi
also ane hich the plaintiffs bc,ieve %
viii Re essbiisaei sssiast sne % 70 i.eise
the Directors hsv- emitted. for seyern aivtand
s1y dvdenJs but tha. they have ~ - 81 ,hs
on tie ls.h OF PtbriGy 1857 The psntin ,t
l. 70 b. psid withont a. recognition oi w. a =. -
claiming 70 be eocShode I virtue OF th epinss
transfer sssn thst the couPssy nav a. ,.,nen, 0uId BE-
from which psy the and tns' ~ H. a..
iDjcrieuI 20 ths 1edt Of tie Company tpon sns .St
in The piaIt rporuy inlnnr:oa - ~ 49, - $3.50 -
tae De- cot o ssi dlyJs nd fss dskcdsaD ac