The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-24
Application fbr . Writ Or Error I'm the Case
or John b. Holmes Denied.

k4O4xn00 O0OIoOs
SUPREME COURr-sPEcIAL TERM.
Before Hon. Judge Roosevelt.
Nov 23-In the Maaer Of John b. Ho,res Application
was made on behalf Of the defendant for writ Of error,
which the Judge denied The following his decision
Roosevelt, J.-Holmes, II appears was convicted and
sentenced in General Session FOR the crime Of forging his
wifes name TO deed Of real estate He applies, on
into the Supreme Court for review and in the meantime 10
stay all proceedings Writs error in dc
cared by the statute ar s. 740 be wr and to
issue OF the statute also declares that they
shall not stay or delay the execution of the u gment or
o. the sentence thereon, unless allowed by Justice OF
Effect will thus be that the prisoner has strict
rgh TO the review but the stay The stay Is matter
Of discretion TO be exercised only good cause shown OF
what avail may be said, will be review after the mpr
sonment has been suffered? On the other hand
may be asked would be criminal trials If in every case
the execution OF the sentence to be delayed ny re-
view, at the option of the crmina2 No sen
fenced either to death imprisonment would voluntarily
submit wrts oferrcr would be universal Promptitude
and certainty SO essential in the punishment of crimes
would be entirely defeated and the whole system OF cr
minal administration would become paralyzed
The objections made to the present indictment
are Of q purely technical character. They in no
degree affect the substance Of the crime charged
The prisoner executed deed Of real estate. NOT
being able to procure the genuine signature OF his wife
as TO her claim of DOVER he forged signature for
her. and superadded the crime Of personaton to impose
first upon the commission who took the sham wfes &C
acknowledgement, and then upon the purchaser, who inno
Gently accepted the sham we's deed Does such
ADDRESS Itself 10 the favorable consideration OF Judge 70
whom the law has entrusted the exercise of sound dis
creonS think not, and must therefore deny the app
cation and leave the sentence TO take its course,
We understand that Holmes transmitted to Sing
sing by this (Monday) mornings early train.
THE OLD POLICE FORCE.
In the Matter Of Several Members of the Old Police
Judge Roosevelt said motion made in the matter of
sixteen members ofthe old pece for writ Of mandamus
to compel the Police Commissioners restore the REALTORS
TO their former positions of members of the Police De-
parment The questions involved substantially the
those already pending before the General Term
and which il is understood will be decided. Hwould
therefore, for the present. be obviously injudicious
exercise of the discretion reposed by law put the
county to the further expense of issuing sixteen add
ona wrs and Of the proceedings consequent upon them
BENZ Fan Rdden dgt Erhdrd Richter and dls-Motion
for attachment and motion to dissolve the injunction both
denied
Amos c. Watson executor, and al dgt James Campbell
and dls-0rder to show cause must be discharged and
temporary injunction dissolved with $40 costs Of motion.
The motion to dismiss the appeal should be made 70 the
General Term.
7hu,ston agt. Illinois Central Railroad Compdny-Pe
ton granted to the from the State Court to
that Of the United States.
Julia F6,ole d. Wn, Il. &eiodrt-Place of trial chang
ed from New York to Putnam county, unless plaintiff
sents that defendants witnesses be examined before
commission.
Albert Plimpton and al. against Bank of Michigan
On judgment plaintiff is entitled to per centage. On
tender, therefore, the Court may refuse dsconnuance
except upon condition of paying the cenage or such
would seem TO be fair allowance Ordered accord
ingly.
In the Matter of the United States Trust Company Of Nep
YokOrder to authorize the receiver to compromise the
demand mentioned in the petition.
Before Hon. Judge Clerke.
Henry ElBaack and ais against The Ne'o Fork and Erie
Railroad Compony-Applcaton for injunction denied,
with $40 costs.