New-York daily tribune., 1858-10-13

S",y ~ ssy-an unpleasant one but ouiy' 'ss' ~
lawyer bound 10 do my duty to my ,,,,l.n does not
II r-e to cay that my chent, vi, - 90, he can re-
Seal--does not heheye-that ID t"n ~ 90, c.ns,;,u-
60 tbat air and impartial trial wnloD '", -. n
t,on and laws Of the land secure W = anrly ,o ~.
therefore instructed me, n ts o~"u, ~ I fr,,,
ss.n,e,n, Court for order TeinoNEe ,..o .a r.
Sepi.n.. r. c,,eral Sessions into the eye ana Ter
;,sr -. Acting under bis instrn'bons' hsye ".tos
a., .nnlication, which has been tIau,eu py ~"
80, 7 have now 20 hie with the Ct7k tne ores',
SouiLa a,5 81, upon which il was granted, and she
eosnizapce requiring Mr.. Mulhgan to appear al the
re,s ,crn of the Oyer and Termuer.'
Recorder-Wbat Jndge granted the order, Ny
Mr.. sckles-.Judge Sutherland.
Mr.. Sedgewick-Itis il only necessary TO say fhat II
yeqUired great speed to do this, ana that Is NJ resoh
NO notice was gwen 10 us. 49,.
Mr.. Sickles-Tbe statute does not require any notice
IN be piyen to the Dstrict-A Attorney. MI hnhig"h
and HI, counsel did oil the law reqrired ano rs u a"
abiding citizen, he Will do all the law requires.
Tne District Attouey Mr. Blunt, then rose ana
.oid. | will inform the counsel who represents M
Mulhgan that, all these proceedings are rgulaf, u,
chent will be tred in the Oyer and Iermnef' next
H. SckIes replied that Mr.. Sntherands order re-
tsrred to the next Oyer and Tel inner, and not 10
Mondays sitting which was an adjourned oyer anu
Teruirer However he would be ready on that hay
n called upon. -. , ~,
Mr.. Muliean, his counsel, ard aost of friends then
left the Court. -, Nu
nsmove the indictment into the Court Of Oyer ahd
Terminer: ., Ill.
Your applicant verify and conscieniously DeieEfs
tba. the sa5d Recorder has p,cudyed his case anu II
biased and prejudced against nim, ana that ne ,'-
pot and viii not have fair and impartial tral before
said Recorder for the following reasons;
First: Because OF personal uo'y .;l ypcn,r %,o ySl
mept between your applicant aud said recorder "l'l
.ha yyeye citizens Of the State of California, ana
which has preiudced and biased the mind ana feelings
of said Recorder and which bias your applicant has
no doubt still exists.
Second, Because that, as your applicant has been
informed and scriously believes, sald Recorder ha,
repeatedly stated that he would send your applicant
" the PeD,cItiary II he was ever brought Dclofe
him. said Recorder.
Tbnd, Because said Recorder. hs bench, as
presiding Judge Of SAID Court on the ilth ddy q"
October inst, in the presence OF the Jurors sumope1
to attend said Court and crowded AUDIENCE charged
thie apulicant with having committed number OF
oenscs within the last year. and was, therefore, de
serving If 10 enty; aud your applicant AYERS that
such statement is utterly untrue.
Fourth: Because the whole demean0r ana language
OF said Recorder on the said llth day OF octo-
Der instant, toward and against THIS applicant
eyiDced great OF feeling and prejudice on M
part, which has fully Convinced your applicant that
fair ana impartial justce will not be administered To
him if he should be tried in said Court before said
Recorder, and that the course pursued toward youi
applicant by said Recorder was the subject OF com
ncnt and censure by number OF spectators VINO
were present. ~,
II is not bis desire intention 10 avoid trial on SAID
Indictment, is this application made for tue pur-
pose Of delay, but with the fun conviction and Ger,
tainy that great injustice viii be done him unless said
indie tment will be removed from said Court.
tssned) WILLIAM MULLIGAN.
COURT OF COMMON PLEAS-Beore Judge BRADY.
pEyLIs's JOB OF EXTENDING TnE BowERY-suITs
AGAINST TuE CITY.
Israel C. Lawrence agt The Mayor, &c, Of New York.
This is one of twenty brought by property
the New Bowery and sdscent streets against the
BOWefy II all street
Plaintiff IN lessee rd occupat OF No tS Pearl
said street by defendants his building rendered unt''
ahtabe long time and that he Tas pat 10 sres ~
rebuilding aud repairing the lie claims ~" Gansses
In the other damages claimed fixed various
amounts This IS tss suit ,he b g., SeI ers I'm DcVint.
set up general denial Mcneil Willard for plaintiff; H. Bus
WIN ~ Before Judge HrLrOs
ALLEGED ASSAULT, Win INTEsL TO coAHiI RA'h'
Harriet Webb sgt Oliver Mildebergey. -
This is All action TO recover damages for alleged
assault and battery the Of the plaintiff an unmarried
on the 9Th Of January plaintiff into 4eindaut' so,e
No Msm s;Ies S. SSS hui a,sSed her end endesyorcd 70
violate person. that she resisted cree out ana hns .
bruises she received by the assault upon her sn' o'1l
damages in tbs sum of $1,000 , OIL s g. ,,.;r.
ta Charles Ma;ihcws for defendant The COS" is still OIL
HYPERION CoURT-sP.cI.L TrRx-Before Judge Bos-
WoKTH.-DECIsioNs.
Hicks agt. Payson.-MotiOn that plsintih hle secu-
Cook agt. Litchfed.- Statement under section ;s'3
cr he Code as amended in 1891, settled
Williams ACT. Burton.-MOon to veoate the order
Of june H. 1855 drssne plaintiffs motion for iew trial
desiod with ~ coss
COURT OF SPECIAL SESSIONS ocT. ls-BefoFe Justices
OsBoRN KELLY aud BRrNN,N.
Francis Hyand stealing bank bills, &c; House OF
Refuge Patrick Lynch stealing shawl Penifersry sik
months Elizabeth Welsh stealing drcss; Penlentisy sly
nontls Ezab,h Freeman, stealing bank bills feiitctisry
six months Charles Donohre and stephen CapnI stealing
t"r, lined $40 Bridget Dr.eon assault aud battery fined
so Lovett, malicious mis-, hiei tned TO- NHhsH
Roll stealing yar of shoe renAndcd john meC,rIy seal
ins psutaloons Penisuary months. tBnnah hSrsrd
ssairs shirts Pcn,ntay three months Mary burns steal
ing kettle Pcueu,iay two mona ha"1I1 rselau s
ssut Penifentiary months Johu Irving si"s
ing shawl Penitentiary three months John Mitchell ssss
and battery Penteutiary months Joseph W. Rcddiug
ST alns bank bills Renanded
CouRr OF APPEALS, Ocr. Il, lsS.-No. Il, West
APT r., Tso%p:GP & p N Is assca s ,S S Be- b.Iy Ey I9
sppt argued. Nj. Trecy for apPi Nj YOUNG for Nspt ~,
IS, Winfield, app sgt, Vincent, respt, argued Nj A. J.
Irsp az TX Tr second Aycnac Railroad COMPANY appt
sued by MI J. H. Reynolds ioI apt KesPondcI' pslA
Rsdsed apr argued. MI L. Tremsn oI alrt Nj + Jei.
aims ioI resI't Nos. IS, 81, of.
Calendar ior Oct i3-Nos 10 H. 70 Is H. rs u - 9 g. 81
COURT CALENDAR-THis Day.
SUPREME CouRT-CIRCUIT-P,R P,RT Mos. lSp1
ISs 1915 lis 4i5 l4 lti9 l4sl llti lij 4l iieS c
I5 ISIS 1895 l57, i59 l5 1918 1919 10. l55 l5 l5sl
1872 1881. PAEr Il.Nos ~ 80 $40, Sti SlA 80 l2,i
TS mi l7So ls2 l7S 1875 1853 l7io l7' 7i l76 l7is
i75o I752 l758 1869 762 1906 h76S l772 1884 PART Ill
Nos lso !s l az i3 ISL ;S ;Ss 100 l1S ~ 70 @ 559 5
1904 1860 i@S lSO Sl2 1874 1915, SN lb. W., 1917 itO<
1854, ltS6, lSSS, l24o lS4!
SUPRENE COURT-SPrcIAI TrRM-NOs. 63 o.
6 6s 70 IL IS IS 81 % L. ~ s g. - H. 7i ~
sUrkmoR CoURT.-Nos. lsi, lS5, -, 2Sl, 23!, y
80 1i as 70 "a, rs 20 25 ~, ss5 - 20 20 30
IL l.