New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-17
LAW IN7ELLIGKNCE.
r,cr op uIcViHI, CANcySr

CASE OF nltHA CeNiSHt.
sryRFME COURT sFEctsL Tssh DISC. l6-BSfre
Judge EO~tETsLr.
wit of error 10 tue Court Of lppeas and s.sy Of
execution in Canoe mis- vas CREATED on Wedaes-
day.
The following opinion wa read by Jadgs Roose
welt:
ROOSEVELT, J.-Canceni, the prisoner w.s son.
Circuit. 'sntoeed not b The Circuit: but By
eral Term Of the srPT'me Court His counsel sdes. yU
o. hsm Of ssy, aud Aove character ard III.
Jug ., t. Genera dDF% Were divided In oo.ion He nov
w days and that hs ay be lowed to his to tho
Judge Of the Supreme Court and which 6e Juds. may
srAni or Withhold according 20 tiIcumstanoes.
TIE subj Ct Of the Se.h psnS hore I'D mo1b
dscesS9n Its authority vel a. Is expedsny ha1 bs-n
States had been he result 10 tits State the Lesss-
tre sdop.+d compromise They prsoaeri
cfsh d the sm . az.
the Supreme Cot aiming the General Term and from the
guard ssst the possible mistakes Of urors well judges
!hs{ 80 the APP.sss cSu' TO o.t,t ne.
onff) was against the weight OF evidence against or
sbould have been taken OF not 10 the Curt below Law.
@ rage 6s The language Of othr par Of toe oct :housa
is o ap. dsSnss &C. S b Brought bsos
"be suprem. coait and Court Of Appeals TO- By writ Il
bi. statute a. een. me no discretion /. e TO the judge
h. Is absolutely tound when spPed to BY any person con.
OF sya woul3 the writ be II the prisoner could bs
before lis appeal cod be beard To that hs shall
have appeal matter Of right aid a. the time allow
bs life TO be taken before he reach the Appellate Court
would BE- q sockery. How a IN be besrd when
dead and how mans conviction for ged ofense be
reviewed appeal without hearing Delay and uncertainty
IN the Of eat crimes donst their
pepestion On the other hand the Judicial taking Of human
e -, and ought 10 be, matter Of deep soemrity To weigh
these oppong considerations the povin Of the Lsgs
atue The lie gislatuTe have said there shall be" appeal
1t Ia not for the judge TO say there sn,l not
In the present neither the writ OF the stay
cornpanyDgi is likely to be al ended b. aoy evil Tae
ttnoe it's snot be carried ort the 18th Of Jsnusy
Appellate Court vii assem- bic ten DAYS before that time
review be had aud nsl decision obtained in
supsnon already provided tor The stay there
fore which opP,d os viii only be opersve In the event Of
unforeseen casualty 1890
Wit Of allowed with stay Of proceedings I'LL the Court
Of Appeals thall otherwise order
proper should say that this disposition Of the mstter Is
made with the full Of the presiding Justice who
heard the Arguments at the General Term.
DECISIONS.
Before Judge DAVIES.
The Penn. Coal Co agt. The Delaware and Haeson
Canal Co.-Csse and exceptions settled.
William JohnsonRgt John Newcomb and al.-Csse
settled.
John " Beecker aud al sgt. John +. White, &c -
Exceptions of defendant Carroll settled
Louis +. Glackmeyer agt Theodore Chagot and-al--
Case and exceptions settled
John C.. Bach, &C.. agt. Jane, Watson Averll.-
Robert C. SPAR agt. David A. Mitchell, &c.-Judg
melt pntf for Of the note snd interest and
protests.
Jacques Goldsmith agt. John Orser.-Judgment for
defenespt.