The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-12-09
THE CANCEMI MURDER TRIAL.
The Fourth Trial or Michael Cancemi for the
Murder or Policeman Anderson-Great Ex-
element I'm COurt-The Jurors to be Kept
I'm Close Confinement until the Termination
of the Trial.
SUPREME COURT-CIRCUIT.
Before Hon. Judge Invraham-

SUPREME CoURT-CIRcUTT.
Before Hon. Judge Ingraham
DEC. s.-The People u.s. Michael Cancemi THE court
this morning densely crowded Zone Thousand
jurors being in attendance) tha access obtained
under very great difficulties The calling of the names
commenced by Mr. Snin, the Clerk who, at the
quest Of the District Attorney, assisted by Mr. Van
dervoor the experienced Clerk of the Oyer and Termner
and Sessions. The officers at the doors repeated the
Of the jurors with stentoran lungs throughout the
corridors and several minutes elapsed before each juror
could make his way to the stand.
Tue Attorney General Oyman Tremalne) District
Attorney Blunt and Mr. John McKeon appeared for the
prosecution, and the Messrs. Blankman and Ashmead
for the prisoner.
Previous to the calling OF the jury the defendants
counsel submitted the following
The defendant, Michael Cancemi, present in court
and being called on for trial 10 the aforesaid Indictment
charging him with the murder of one Eugene Anderson
offers to the sad indictment four pleas in bar as fol
lows which the defendant asks TO have received and filed
in the said cause and which pleas he is ready to main
tain and verify, TO wit
Plea No. plea OF autrefos convict, upon the
indictment which he is now arragncd for trial, he
being the identical person who is charged in this indict
ment, and which he convicted at former term Of
this said Circuit Court
No q Plea under article ls 9th of the State of
New York that he in jeopardy OF life on the said
Indictment and for the same offence and cannot second
time be placed in jeopardy for the same offence.
-
section 18TH that he was once IN jeopardy OF life on the
said indictment and for the offence, and cannot Sc
cond time be placed in jeopardy for the same offence
No A. Upon article 9Th Of Amendments OF Constitution
Of United States that he in jeopardy Of life on the
said indictment, and cannot second time be placed in
jeopardy for the same offence.
Motion denied
Prisoner excepted
Attorney General TREMAyg said If the Court please
Monday the counsel for the prisoner asked the Court
matter of indulgence, postpone the trial OF this
until Wednesday. That request was granted 1t
accompanied by the positive assurance the part Of
the counsel who made the that Wednesday the
prisoner would be ready proceed TO trial Wednesday
comes We are now met by another application TO the
Court to receive four pleas the effect OF which application
granted, will again postpone the trial. which, on Mon
day the counsel assured the prisoner would be ready
upon DAY To say, sir that am surprised by
the offer this plea would be say what not the
truth for with the past experience that have had in this
am not surprised al anything which Is designed
and calculated to produce delay and embarrassment or TO
hinder and obsruct defeat the of public justice
On the part OF the prosecution entertaining the views
entertain relation 10 these pretend pleas, or papers
shall protest and object TO their reception by the Court
Enter tanning the views entertain, which we are pre-
pared to orthy need be- by authorities, we shall insist
that this plea should be rejected instanter. Entertaining
the views we entertain in relation to the attitude OF
this case, the character of this paper which they nave
called plea, the circumstances and nature of that
plea, we shall ask that the Court do compel the
prosecution either to nterposc replication or demurrer
10 this paper. As understand this is purely Circuit
Court The issue in this has previously been formed
That issue has been sent down by the General Term to this
court for trial The record under which your Honor is
holding this hold hand, also the record
OF pleading and remtttur containing the mandate of the
highest court Of the State also hold in my hand Ger
titled copy Of the order of the last General Term in such
form TO make it the duty of this Court 10 recog
Mise -made in the presence OF the prisoner and his
counsel, without objection as airmatively appears
the face Of the order directing that the then
sng should be down this Circuit Court for trial
Upon that record and upon that order shall take occa
sion to show presently that the matters set up in these al
legged pretended pleas entirely unimportant
relates TO the rights Of the prisoner and essentially IN
conflict with what is the only legal evidence that can be
received on this trial that the Court ~ the exercise Of
the discretion with which IL is invested ought not To
ceiyc this plea.
The Attorney General was proceeding, when Mr.. Ash
mead said that If the Court disposed TO decide upon
receiving or rejecting the pleas, he would waive an argu
mont.
The Attorney General put in the following his
The counsel for the people object the reception OF the
plea offered at the Circuit aud insist that the same
should be rejected for the reasons herein stated.
First Because appears that the matter Of such plea
before the last term of the Supreme Court, and
therefore its reception cannot be demanded as matter OF
right.
second. Because the last General Term, by order
made In the presence OF the prisoner and his counsel
ordered that the issue then existing IN the should be
down 10 the present Circuit tor trial, objection
then being made TO such order appears by the order
itself and plea OF matter arising since the plea Of
rot guilty was nerp<ed having been offered TO the Court
at that time
trial at tie present Circuit, In compliance with the order
o the General Term great expense and thousand
extra jurors have been ordered and summoned and are in
the plea will result in throwing the over the
present Circuit, thereby producing great delay and dan
ger 70 the cause Of public justice that the delays pro
duced already have resulted the loss Of several wit
ncsses who formerly examined on the part OF the
prosecution that the prisoner, having been already con
ycted before juries the vigilance
sary his part In order 10 avoid any further delay.
Fourth. That the matter OF the plea should be veri
fed by the production OF record 70 sustain H. aud In the
absence OF such voucher the prosecution ought not % be
required 10 plead or demur 10 H.
fifth That the prosecution produce and show to the
Circuit Court the record with the rcmtnr from the Court
of Appeals conradcing directly the matter set up such
Plea; and such record Is conclusive.
sixth That the prosecution produce the said record and
remtur showing that conviction based UPON the trial
referred 10 in the plea reversed upon writ OF error
sued out on the part 81 the prisoner and showing also that
by the mandate Of the Court Of Appeals trial
ordered from which record and proceedings follows
necessary legal inference from matters not capable %
being conroycrcd that The plea can BE- II no avail 10 The
prisoner
seventh That the plea offered Il received would be
waiver Of al former pleas, and IS reception would pro
duco great injustice to the people by the delay that fo
lows u, while could not benefit, but might greatly pre-
JUDGE the rights OF the prisoner
The Court denei the motion, on tho ground that the
Court al Circuit bad no authority 70 decide on the pleas
and n The second place. the pleas not ~ proper form
70 warrant him IA receiving them 4 he had authority
COunsc for prisoner then filed the pleas with the clerk
and made a motion that the peopc be required by the
Court plead 70 the pleas lcd this day, either by taking
issue thereon Or demurring thereto.
Tie Attorney General objected ON the ground that they
bal no knowledge Of any fling, under the order OF the
Court aud objected e. any delay.
The Court denied the motion Defendants counsel took
exception.
Mr.. Ashmcad moved tina, those pleas being alci and
tie Attorney General refusing TO reply thereto, the pr
sonsr he discharged.
Motion denied exception taken.
Tic Attorney General then moved the trial " chael
Canoe mi on the issue Of not guilty.
The jurors were then called, hut large number had
read OF the and formed opinion.
Mathew McIougal, being Intercepted by the prisoners
counsel answered that he could give verde, according
10 the evidence The challenge was then withdrawn.
Mr.. McKeon asked the Juror be had any conscientious
scruIs against the punishment q deatn 70 which he
Piled that he opposed 70 capital punishment Triers
then about 20 be decide upon the jurors
competency when the counsel for the prosecution decided
upon challenging the juror peremptory.
Michael flannelly, beng asked Il he had formed or
expressed opinion ~ The guilt innocence Of the
accused answcred"All the opinion formed Is that be
innocent he should be acquitted, and Il guilty he
should get the benefit q the law Qaughter) Mr. Plan
nelly accepted BY counsel on both sides.
John Pope. being nerrogated said that he thought
the being convicted three times evidence Of his
rult and hts services dispensed with
Robert q. Neis on being Intercepted, said that he
had formed opinion, bot he had expressed