New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-01
LAW INTELLIGENCE
SUPREME CoURT--srEcilL TERN Nov. S-Befsrs
Judge DAWES
DECISIONS.
The Park Bank agt. Robert Davis ct A.-Ofder
HE CASE OF HOLMES THE roRoER.

The Park Bank ag,. Robert Davis ct d.-Ordr
THE CASE OF HOLMES The foRoER.
Before JUDeE ROOSEVELT. =
The was an application on the part OF creditor O.
Of Homes. to "a, his debts. and for the suppcr
wife sud family The Judge ordered reference to inquir. .e
the se end reserved the appointment Of trustees until fhs
Wn. p Warmer ACT Geo. d. Richardson ct a.
Judgment changing the seferdan on the separate e'se OF ~
Eli Fay ct al. sgt. L. ClaIkscn Dys.-hotion 70
TIE President, Directors &C., of the Connectisue
Bank sat The North American Gutta Perchs Company s
P2,. The Sy Thu the
description o. the but description OF the dia
eonsu,vey th., PECK indivaue the Company
him as m T s a 10
svsi Under such circumstances there would % no s?ay
ss ss. S be s.nss.Dss S ''
Tbs Lexington and Big SANDY Railroad Go npsny
sst Henry Goodman ct aMoont TO dissolve the inisser
''' 1e''' John A. Davis sst Davis c. Newal.
The attachment in the three suits should be ots-
unless plaintiff willing to take order OF rss>
epce which that will be at his TO sves
s the S put a. .1 n. pna and o.ss
credor. in the disposition contemplated disposition q" %
Isaac NJ. Bull ct al agt. Gideon Nye, jr., OF a.
Motion to set aside proceedrss, &c srantedir part
The investigation OF M Syor Woods connection win
the alas, ballot box .wDdle POSTPONED until Dec. 10
judge refused to decide Mr. Whiinss motion fof g
refened Judge Davies before whom the msn que'Sas
GES.R.L TrsN-BefOre yads.. mrrcnElL, CLAsks snA
The doors between the Court of Sessions and the
General Term room were thrown open aud both rooms
were 10 hear sentence Of death pronounced on
Canoe MI At about II o'clock the Judges took their
seats and Mr. Hall submitting to them the record d
the proceedings In The cass moved that the Judgnsos
Of the law be passed upon the defendant.
The prisoners counsel Messrs. Ashmssd and Blank.
mad tkereupon interposed motion for arrest Of jadg-
msLt certain technical grounds, going to show thse
the Supreme Court Great In which the defendant IVES
tried had no jurisdiction In criminal matters His A.
gun ent was based on the following poiots
l. That the Circuit Court had no Jurisdiction In the sbovs
ss t before S Honor Davies. were %
That the vercct OF the Jury entered on the record dos
Of the Indictment as In record hand Of tbs
Csi Of he CouIt-resdDg simply that the Jury uad Tho
That witt CT eeora directed to the Oyer and T.s.
Ds s' mot Bee s"a Of the City sSa
Of NewYo there being such Court known 10 the laws saA
That the Cireui. Court had jurisdiction to try tho in
dcen, from the Oyer and Temner 70 th' sip,ens
should have bee made At the Special General Term Il
the Supreme Court the powers OF the latter being mp ~
That the indictment this found and filed In t
Court Of General Sessions in pursuance q the act Of so Ad
tso co~sty Of ' New York
That BY an order made the In the Supreme Court
Over end TsrnIner Of the County NewYork which
a. "a. time the trial took place before Justice Davies
Il. HALL $ REPLY.
Mr.. Hall would make no argu Dent in the csse; his
leaned END mistaken In the law a. related 10 tbs
,bje ctor which he made. lie G Intended this Court
hsc right to make anyorder it saw fit, aud did make
an order 10 remove the trial to the Circuit Court OF the
county a. to the pout that there was no such Court
as the Court Of Oyer and Terniner In and Tor me C,J
ard (oubty OF New-York the Legislature thought dif-
f.reitly when it made the Clerk Of General Ssssion
Ciek ex.oicio OF fad Court. A. ~ the jurisdiceoa
Of The Cout he presumed that the Court knew os:e
concerning ITS own urscic'ion, and ne would kAse
in the hsnds of the Court withou. further argument
After q long argument on the subject the prsooes
was req aided until Monday next, that tho mstssr
might have mature consideration.