New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-04-03
h psd pres,dins Jpdsas Of the s>il

r.e, how ar yher q tis sSd rresdus lodges Of tho sI
Court General sessions may Be or are eoned 70 the We "
ssmed vrevs and us.eiy adopted ny said Corooef
"Ss Or isIs s sa %Ia sai 1ew tn
no sehsyss) that he Interests eque that to'
Court Of General seasons the our Of Oyer and Term
foI The City and County Of New York.
The reiidue OF this petition is precisely Ike Me-
Cunninghsms. II s signed in = bold, dsshog hand
and sworn to before John II. Whtn1re, Commissioned
Of Deeds.
THE BEARING.
Henry L. Clinton, eeq, counsel for Mrs. Cunniughsn'
read her petition as above and the statutes nnaei
which the motion for removal made resting 70 tue
removal os indictments before trial. Under THESE
statues he said they Insidered the duty OF
ta no ;,on4rs.ve upless certain contingencies were
shown. SO TINT the application was not maze 10 que
s,son tha, il would cause injurious delay or IN any
xav tend TO prevent due and timely prosecution OF
the Indictment.
Mr. sedswick. Assistant District Attorney, said the
aoptcation wss made in due sess M out ne o'9ected
On other srounds-tbat il would cause injurious delay,
and nd TO prevent the due prosecution OF the indc
uett lie held that the removal Was no. imperative
mon the officer before whom the application was made'
miles, Il was sho that such removal vas exp
the question Of the expsdiency being left en,.y ~
'Ais Honore discretion The only ground OF e'pe''eDoy
Get forth in the petition WIS., that important qe'"o
Of law as well as Of fact we're to be up'n
I'm, the sa.ntes rave the Court Of Sessions Tue same
mower in Questions of Law and fact az are ny
the @, or and rerminer. AZ to injurious oeay, large
nsn.l Of jrors would have to be called and ihs case
might then have TO 90 over to the emoarras'men'o OF
other business.
The .Judoe .sd il seemed to him that the statute
vas imperative.
Judge Dean. counsel for Mr,. C. said they no.ided
tie Di trict Attorney out of cowtesy, and because
bey had had ensugh Of proceedings He argued
in favor OF the removal 90 various grounds. This
murder bad been called by Ihe London Times the
most extraordinary murder ever known, aud it was
matter Of pride with them to be tried in the court OF
highest jurisdiction in order that the lady might not
only be acquitted but triumphandy vindicated.
The Court asked what had been the usual practice
IN such applications for removal Of indictments, aod
Mr.. Ssdgwick said it was not to oppose them; they
were allowed to 90 to the Oyer and Termner as mat
Ter Of course
The Court decided in favor Of the application, and
gave an order to tha. effect as follows
ORDER.
PIs'ensThe Hon. Henry Davies one Of the Justices Of
ibs Supreme Court Of the state Of New York os FINN.
Augusta Burds indicted E@%a Aufsss Cur and
Henry Clinton CnDeIt
and John Sede wick, esq, for the people "
On OF H. L. Clinton for the pet Toner, 10 hereby or
dered and that the indictment found against the so
petitioner for the alleged murder Of Harvey 6urde In the
Court Of General Sessions 81 the Peace in and for the City aud
Ne~York the 2s day Of February LAST be and t1e
removed said Court of General Sessions OF
and for the said City and County Of New York TO
fhe Court TeImic and for the said City and
County Of ewYork Aud that the defendant In tae SAID IN
dtm.pt be tiled a. the Court Of 0Ser Teyminer 70 be
b.id In the said City and County Of New
York, Apsh 2 1857. HENRY L. DAVIES
The reading Of Eckels petition was dispensed with,
and a similar order was made in his case, without
opposition.
1t is understood that the Government will be ready
70 proceed with the trial fortnight from next Monday
Judge Davies will probably preside. The Indictment
sgaiDst Mrs. Cunningham WI be fret taken up.
Isasc II. Smith e. Al. AIT. VIM. II Cronk
Motion TO strike out answer denied without costs.
Moses Chamberlain jr, sg- Samuel P Townsend .
The bail in this case do rot comply with the prictce
Of this Court. Burr Pr 357 and ced.
JoBs cHINANAY NOT OUT OF TROUBLE YET.
Reuben s. Royce agt John Josephs-
The troubles between John ChinsnsD. h's gypsy
wife, captain Of the EscoIiazx which occ
ped much Of United States Commissioner Swes vat
lie 10 come before the ou
pgeme Cou in which two civil suits have been
one BY captain and mates and by the
FIRST Josephs The defendants in both suits were
held bail 600 escb which the officers were able TO pro-
Josephs has consequently had second taste
Of the Eddge JAN The fsss bep stated in hdsvits
20 Judge Davies to-day after argument by Mr. Nash for the
defendant and ExJudge Dean for the plaintiff the order OF
Arrest was vscsted.