New-York daily tribune., 1858-12-09
LAW WT'ELLIGEN
FOURTH TRIAL or MICHAEL CANCENI
sUFREMZ CoURr-cfacuiT.-Dee. '-B.foFs jus;e
lsSk.Has.
NorIos FOR HIS DISCHARGE.



ftndant submitted four pleas on beaalf 0; the prisoner
against tie proceedings. Thee lea, were exceedingly
legal in their construction and briefly stated amount
ed to the folosing. The pri-ocer protests IN due
form Of law, that tie plaintiff. the psope ought no,
farther pfo-ecuie hD, because heretOiors hs va
found guilty OF the felony Of murder. with which be
was charged in the indictment. By the Constitution
Of the United States aud # the State Of kew-io6k
and the Bill ct Rights, it IS provided t1at prisoner
-hu not twice be put in jeopardy Of his he for tie
same oiet-e Tie prisoner prays judgment whether
Tie plaintiff, ought further tO prosecute hin 90 8c
count Of the charges IL the ndlctmeLt anc that he
"msy be dismissed tbs Court and go without delay.
Mr. Treneiue, the Attorney y-6ienersl s,i; If the
Court p ~, Oh Mordsy tue cVu1se. Tor the prisoner
asked the Court matter If lniulyeuc., To post
pone the trial Of this case utii " Wednesday which
was grant d. II wds accompanied by the assertion
that on Wednssday the Prisoner would be resfy b
proceed 10 the trial Of tbs case. 1rcr request ike
every other r.que-t coming from the PRISON, Sa-
granted Wodre sGay coInes; We are Low met oy
another appl cation - the Court to receive plea
Mr.. Blansman-four pleas.
Mr.. .Iremsine-tOur plsosthe effect OF which ap-
pcation, il rr,ned by the Coirt vii sgan postpone
the is Of tbe ease. Tie counsel for tho prsOasr as
sUred that the defendant voul be reaoy 70 enter
upon the trial. 10 say Sir that sn surprised al the
off of th.s plea, Oui be 10 sag that which i not
true; for with the past expnetoe have had ~ THIS
case should not Ice slfpnset at anything ~1lch Is
C6sign, or lifeIl ltp - VI
course Of public justice. On The part Of the prosecu,
tiOn, enteItaning the views that We do, shall
protest snd object 10 lie rec piDn W tie CO1r,-
entertaining these vlew-, Nhcn "o arc piepaIed
TO iu.tify by y rCile sri authority, We iu'
sist that TIN. plea sloGld be rejected iustanter.
The character o this paper wlich l. called plea, i
is such that il sequence oi rs nature we shal AK
thathe Cont do not compel tac prJ;ecuton " lh.er-
pore replication or demurrer - II. As we IN ir-
stand tins case, tbisls Circuit Court, the Issue has
been formed, that issue has been selt dosn by tho
General I, rm for tral With the record under which
sour II, nor Is now holding this Court. l hold 10 my
haud Sr cord OF the proceedpg IN this ease, with
the rtmifitur col ainlg tie mrndae of the highest
Cour. IN lds State; also the crief oi the last
General Term. made IN the presence Of no prisoner
end If bis counsel without objection, as aiInatSey
appear on tie fscc of the order, direccg that the
issue then existing should e sent down 10 tils Crcu,t
Court for tr1al. Upon that record and orner snail
take occasion to show prescny that the matters st
MP i'll these alleged pretended pleas are go entirely
unnpotant u relates to the rights OF the pIrcnc'
that the CouIt ought rot 70 receive the plea los
case should not be allowed % be thrown over 10y ms
artihce. and give the pTisOner d'iy III the feb-
ruary Term In ADDITION 10 that and hy wsy % sL)1-
irg he great injustice that would Result It the Court
-lould ,Ittrtsin or receive this plea, We have the
AZ iavit OF Mr. NJ kcon, prese ting such iacs u the
Court 10 enable to exercise the discretion when may
be ssary, showing the entire and gross iiJust;e
that would result should the Court allow this apphca-
, tOp.
Mr. Tremane was about TO read the sftidavit, when
he wac Interrupted by objection Non Mr. Black
nan.
Mr. Blsrkman said tie samo rules applicable to
civil were applicable here. lie objected to the
reading Of any affidavit enanating .romJohn Mcheon
the feed private counsel Ia this case, or from the
Magnus Apollo cf the bar, the Attorney General him
self and, 10 al eloquent aud iayof,e expression
OF the latter, he would sby, 4" protest
Mr. Ashmcad said they did not desire 20 consume
the time OF the Court. Ii the pleas were dened-wel
they could take an exception.
Judge Irgrahem said the party bad no n5nt to put
=, Inf fsk.
as il was n u'itttd t. this Court
The Clerk OF the Court.
Judge Incraham saii the cOu6sel coui fle any pa
per they close with tho C,rk. The Court had 10
autho to receive tue pleas they We're not 10 proor
form, even il re rad power to receive them Mr.
BlaI kman filed the pleas VITA the Court, the uud,r.
standing being that he did of his own motion, and
rot hy aDy OueCtOl OF the judge.
NJ Tremainc then read the following points in OBJ
. itefOn to the reception Of the pleas:
The coui sci for the people object to the reception
Of the plea now ofrrc0 at the Circuit and insist tnat
the should be rejected Tor the reasons herein
stated:
Fn. Because spPesr that the matter Of such plea ,ro'
before the spems Court, aud heIfoEe IL re-
ceItou osrnot Be deusadeds' mater Of nih1
second Because the la Genera Term By order nade 10
the presence OF tie prisoner AID his counsel ordered taa' tho
then existing IN tie ase should be sent down 10 zoe ps
Circuit Iis ton t1en being made - such one
srprn By the orde itself ana plea Of matter Arising
he p!,s Of Lot gully was heIPc'cG ha'hs oteA Ve1
7drd People have prepared the c.a.s iot tA
e. i'm a. great expense 100 extra jaror, haso oeea
od aud ,smmonrd and aendance oI tts Purpo'.o o
M tt the reception tie plea vii f.sut 10 throwing he
sse the Trr.en, Circuit h.roy prod iciE srea aey
d.. n say LSe resulted in i4y several
who formerly Examined on ne part OF ne prosclAn
that The prsolef hay. ared convicted boTe two Jn
re the utmos; vigilance Necessary On his part n ordef 20
Ior,fS That the Matter Of the plea should be verified
by 'h. production record sustain IT, tnf m The absence OF
sch yo-cAe the ought no 70 B. required 20 sh
FVh rLs tie prosecution podaee and show to the Circuit
cot'radtns directly the matters set rP IL 'Ih prs aud 'leh
record g, conc,si'e
y,m,tfa, snowius tnst he conviction upon tr
in pea reversed upon m OF error ,aed ous
The psIt Of tie prisoner suG no"n iso tat o thr man
dat. OF thu Court of APPs,, ;riaI ordered from
which record VI procceaits ,e.afy esA nI-r
s.rnti Thst the pr oarr,d Il received would b. waiver
Of would ldrce great il
people BY tho order si fol ow H. "- It could not
benefit; bit ush; greatly prejudice, lie sL'i oi toe pE'oe'
After the fiirg Of the pleas, Mr. Ashmead asked the
Judge that tue prosecution be compelled to reply or
cemW 10 the pless.
The Jo &c denied the motion, and an exception was
taken.
Mr. AshI-esd-Now, # your Honor please, the
Couii uss cvrIuled sLe otioa ~ compel The counsel
TIE prosecution 10 put 10 replication or demufrer
to the leas filed with tae Clerk Of the Court by the
prisoners counsel, ! move that the prisoner bc ds-
charged.
Thc Judge slso denied this motion, and sad that the
prisoner must 60 % trial the issue ordered 10y the
General Ierai-the plea oi uot guilty.
Messrs Ashnesd Il Blaokman excepted to the
ruirs, AID the nqanneEng oi the Jury was then com
me1ced.
After fcur hours labor aud the swearing Of several
hunor,d jurors, the following gentlemen expressed
themselves net having ioTmei nor expressed an
oIiui, to the guilt or innOceIce OF tho prisoner,
aid sworn To- Try tie is<ue:
Geo. J. P,aehMd. Mana, vAnnsJy.
Samuel VI. James, s.ephsa . ses'e>