New-York daily tribune., 1857-10-02

ds5T ToSo, IRON Cct,fe effect to 0rsod stree. then
5 S IT. .'' ru.a on an :ss' s !; S.'Ss Ss .:
%. the man /. ho shot him mJ ccr throus6
st;iirs more; when The passed n. be toot the po;
om hard ine the ether and pot i In hs &e bo
q. Who the man " bo shot DO not kno~ him he
man with black "tiStns 90 got kso~ ss he had
fllL
q Have you seen the m.n since A Yer The very ..m.
dy n The Station Hou.e .bc Au sa within four t1 6ye
PAGES from my cart betwteu two and three psoes; sbout
.ey very 70 H. in ec Il was going from the Bowery
Elm street stopped cert perhaps br moment and then
wert on; - next saw the nar who shot at the
.fer plosusn took In c6~se ard brought the
offer ocock-I can't tell whenthat this took
place Andersen Centre to the angle Of Grand
the Gre but be 'hO. be turned rOuri and
saw, :sS his face M 'oirsey IsE:e % is ds' e ' ,tns nS
street toward Broadway
JrIorHave you seen The man wso sho Anderson In this
A. No, Sir.
Mr Bisnkman--Let the wtnes. stssd up and seq.
Witness standing upl-I see hIn-<be dark man
Mr. Philp p.-Pon, him out. The witness ported oa the
Witness Ire.uminal- have been serc SINCE MoIdsy was
in the rear Of the IO curing the prosrr: Of s TIN. snoae.
nobody who pointed out the prisoner :: me yeserd: :pcte
Ss S 5 s 'nS ts him a.: u the m .'e'A
After the evidence was road, Mr. Hersey said he
was satisfied that the identity Of the prisoner with the
man who shot, was sufficiently proven to satisfy him
anu On UVtlOn vi tn6 Jul UcDb tuhcE, ho CubuBcV
bis vote from rot guilty TO guilty, but Mr. Malcolm,
Of the Jurors who had previously believed in the
guilt of tie prisoner had, up further consideration
TO the conclusion that it was not fully established
They continued to di the matter until ednesday
afternoon and finding there was no possibility Of an
agreement, the subject wes, by general consent
dropped, and when they came into Court yesterday
morning, they stood as follows:
For the verdict of Guilty:
MesTs Bolton Hsigh Arthur, Hubbas, Ltt'ete'd Alden,
IT," t. % uard;ot ~ No. Cu;Itx.
One ofthe Jurors who voted Not guilty offered
facts connected with their discussions, and especially
the names and votes Of jurors on the diviHons. 1t
was not agreedtO
Judges, MITCHELL, ROOSEVELT. CLEhKE, DAVIES, and
The People e1 rel Louis NJ Bonspae Jonathan Lennon,
appellant
This case came on this morning. At the opening OF
the Court Mr.. John Jay, as anricas curie, read q
paper suggesting to the Court that they had no right
to hear the appeal it being case in which the par
ties had no interest and consequently not entertain
able under the Code His statements were as follows
though not verified by afidavits: When the slaves
were set free years ago subscription was raised
10 purchase them. Mr.. Lennon entered into con.
tract that if the judgment Of the Superior Court were
reversed and the negroes ordered back to his CUSTODY
he would sell them for the sum raised. Moreover the
slaves are now in Canada ont Of the reach of any ex
tradition process. Mr.. Jay contended that both by
the fact Of their being out OF the United States, aud
by the aforementioned contract, Mr.. Lennon, even
were this suit determined in bis favor would gain
nothing, and consequently was not party IN interest
Tie suit was in reality between the States OF New
Yok and Virginia. neither Of them having an inter
est in the of the Code but conending to estsb-
lish general principle. Such case the Court can
lot entertain under the Code. Moreover, would bs
10 DRrtiee they would be bound by
this decison and precludd from applying tor relief
upon an actual stste of facts and In the tribunal OF
their choice.
decline answering the above suggestions uoti they
were verified by OATH and an order was made by the
Court requiring him to show caute toe case should
not be dismissed. But waving this he urged that the
parties had an interest in this suit. Ar Lemmons
contract Of sale was executOry and conditional lie
had not parted with bis righ. in the negroes Even
suppose they in Canada and out OF his reach yet
iudpmt nj in his favor would establish his rght to
them ard he wgs thus inteIt od in the sut Further,
were the appeal sustained, Mt. Lennon might exc
cute the contract of sale ard obtain the price OF the
slaves II the decision was against him ne coud ie-
ceive nothing. Here was certainly a substantial in
tert 81 in the issue Of this Again. even had tho
contract of sale been executed yet Mr. Lennon VINO
made it had right according TO our Jaw 70 dispose
Of the negroes They were Mrs.. Lemmons. and are 40
still The counsel for the people had themselves al
md the right of the Court TO entertain this appeal
by takir measures in reference TO the security tor lis
prosecution. ...; Sc
Mr. jaw. The Legislature of the State of Ne York,
knowing all the facts passed resolve that is case
should be contested by the People. The Etecqave
concurred in this by taking the steps required Does
not this concurrence of the two lswmaking depart
ments of the Cove rnment amount to repeal OF the
provision of the Code relating to the interest OF paies
in this particular case, or an excepnoI Oh tnis ea
future suitors cannot be injured. For the State can
surely employ more efectual meaDs to vindcate and
establish the general principle contended for by the
People, than any private individual in any suit that
The Court decided that Mr.. I.emmons contract Of
sse being only e1ecutory be still had ar interest ana
could prosecute the appeal 1t was intlmatea thst
had the sale been absolute the decision would nave
The case then proceeded TO argument. The facts
are as follows ,r.
In November 1852, Jonathan Lennon and juliet
lis wife having been before that time resident; ana
ctizeps Of the State of Vrgnia brought eight coored
persons to this city, intending to take passage WIN
Them medistely to Texas. wit OF haoeas corpus
was sued out before Mr. Justice PAne OF 'ne ouPei,oi
Court IN behalf Of the negroes thus being an fransa.
The above facts were returned the cause OF their
deten,on-,o the sufciency Of which the People oe-
INJURED. The demurrer was sustained on argIlaeh.,
and the negroes set free. Dir. Lsumon DrouBu' 'he
procee e6iDgs into this Court by cerf'oTdr''
MIR. OConor began and finished his argument for
Mr. Lennon. He spoke about three hours MI
Evarts then spoke until o'clock, when he Court ad
iourned till tomorrow, when ne Wh Coueiuuo. MT
Blunt will follow on the same side, and MIR. y Conor
reply.
Below we give the points of the three counsel:
Mr. oCoSoRs POINTS.
First Point-The sncent general or common law Oh nu e
authorized the holding Of roes " slaves Therein Inc Ju
rv never had sy power snnr repea or set
aside this law and consequeby !s Only by force OF some
.itye enactment legislative authority that one coming
into our territory with such IN his lawful possson
coud any dminuton of his title 10 them s LIS
property. ,....L,
every and judicisl opinion relating TO the sso
admitted that Slavery existed at al early PERIOD under
IN. law and recognized statute in lis state
c o,. savs act of n v March lTfS JACK Mar H. IL