New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-15
LA w INTELLIGENCE
COURT OF OYER AND rERMINER.

'or some tine yesterday mMung ard various Jurors
'sa been called and hned, Judge Roosevelt ordered
iee out OF Oyer and Terminer which had been a.
JVu'teo 70 yesterday, to be opened This being done.
| inc Ds'Ict'Attorney, A. Oakley Hall, esq.,, stsssd
,oss "'s' Before toe Court the iodics-
ment sasin', Michael c.nceui. for enc alleged mur'
uei eugene Anderson, which had been removes. -
"s ,ou'' fOn' the Court OF General Sessions for trial
de 70 move 10Y panel Of $50 jurors, rc,urus.
be on Nendsy next. lie moved for 50 large q psass
because the case had attracted good deal Of cuIl;e
attention, and under the existing law rel..iv, ).
challenging jurors it might be difficult to get jury
from smaller panel. He suggested the return of ths
| pane, On Monday because that was the day arranged
for the trial between himself and the counsel for the
prisoner.
Mr.. John W. Ashmesd the counsel assigned by he
Count for the defense Of Cancem arose and said that
be had heard Of 70 arrangements by which the tyial
was to begin on Monday. Indeed he was not ready.
and bis desire was 10 have the trial postponed until IL
October tenn of the Court The intensity Of publis
feeling upon this subject, be thought justified post
ponemert, II his client was to have fair trial.
Mr.. Hall said that when the case was removed from
the Sessions to the Oyer and Terniper III. Ashnssls
| associate counsel NJ Blsnkman, as he (Mr. H. hsd
understood it, agreed with him that the ease should
come on this day.
Mr. BaDkman said that there had been something
said of that nature, but subsequent consideration hsd
led them to conclude that would better sxbserve the
ends Of justice to postpone the Trial to the next term.
With the view of seeurDg this postpouement he mr..
b. had called at the Office of the District Attorney
on Saturday to their WISH but had failed -
see him to make that explanation.
ExJudge Philips, who was associated with Mr..
Hail. stated that there were three witnesses In the
imprisoned in the Tombs awaiting the trial 10 b
released and that, he thought, was Q reason to b
weighed in considering the question Of the postpoes-
ment.
Mr. Hall thought that II for the counsel for tho
defense to show for postponement, rstheeS
than for the prosecution to show why the trial shouA
come on in regular course.
Judge Roosevelt said that the only reason which
had been assigned on either side the fact Of tho
imprisonment of the three witnesses, and this wss 3D.
verted to as reason why the case shoad bs pro-
eeded with at earl day as possible. This was
matter of some importance to the Witnesses; buf,
aside from that consideration, the indictment had been
pending for some time. In bis view, It was greas
fault of criminal justice in this country that there were
so frequent delays in bringing to trial. If the
prisoner was innocent, he was entitled to be scquit-
ted he was gailty, public justice demanded thai be
be convicted and punished speedily was consist
emit with general equity and the prisoners rights And
as no reason had been assigned why the case should
not come except that referring to public opinion 81
which he could know nothing, he shonld sustain the
motion for the panel returnable on Monday next.
The Cork then entered the order in accordance with
the motion.
Mr.. Ashmead said that there was another matter
which he desired to bring before the attention Of the
Court. The prisoner, Csncemi was kept in irons IN
the City Prison. was not allowed to his friends whs
called upon him. and was not allowed any Interpreter
to assist his counsel except the sworn interpreter o.
the Court Of Sessions. He would ask the interference
of the Court to mitigate this rigor in Cancemi's con-
fnement which he considered entirely unnecessary.
and slso that they might be allowed any nterprstsr
they chose to select.
Mr.. Hall replied that by the general provisions Of
the Revised Statutes in the management Of county
prisons the prisoners detained in custody undr
certain rules; but aside from that there was special
statute applicable to this city giving to the Board Of
Ten Governors of the Aims House the management
of the prisops of New.Yerk City, which Board was
invested with judicial well ministerial functions.
They had laid down certain rules relating TO the cen
fin en- ent Of prisoners and If the counsel (Mr. Ash
mead had any grievances to complain OF, he should
20 TO the Aims. House Governors who had jurisdi0-
ton in the matter.
MRS. cUsSISGHAM
came into Court during the pending Of the proceedings
and took seat within the railing Of The recess at the
right of the Bench. She was dressed in deep black
and was closey vailed. When the proceedings had
been concluded in the of Csncemi, Mr.. Han
stated that the next matter that Of tho indictment
of Mrs. Cunningham.
Mrs. Cunningham stepped forward ID the Clerks
desk and the Clerk was about 10 proceed with the
reading Of the indictment when Mr. Stafford, Mn.
Cunninehams counsel, said he would waive the read
ing. The Clerk then propounded the usual question
Are you guilty or not guilty.
- Mrs. Cunningham responded in low tones:
Not guilty.
The Clerk recorded the plea.
Mr. Stafford ssked when the District Attorney
would uove the case for trial.
Mr. Hall said that be should move the trial on, -
Monday week.
Mr. Stafford hoped not. Az yet, no counsel had
been employed to be associated with him In the d.
fense. The indictment, too, was q long and elSbo-
rately prepared document, and he had not had tims
yet even to read H. but beside that, eertorari wss
now pending and he thought it desirable to have tss
question of lay settled by the General Term bsforo
the trial be commenced
Mr. Hall said that the only question brought up b
the certorari the custody of the prisoner and
did not involve the merits Of the case.
Judge Roosevelt see no reason why ths cass
should be put of any longer than two weeks. If jss-
tice IL 10 be administered in this city, il must be N
more prompt manner The idea Of trials going Over
from term to term wrong, and is highly sssenti.
in ny judgment, that it should be stopped. 1t dee
10 good to the innocent party, and of no ue TO The
guilty. If this cause is TO be decided against tho prs