The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-10-13
Court or General Sessions.

Before Recorder Barnard
WILLIAM MuLLtGAa's casr REMOVED TO THE OYER
AND II aINsR.
OT. 12-Every leading The court was crowded
the morning oug before the hour OF opening the trial Of
William Muigan having been down for to-day
The clerk called William Mugan charged with assault
and battery Mr. Warner, 10 the bar; whercupon Mr.
Sckles and said -
The Of Mr.. Muligan has ust been called by the
clerk desire TO say that yesterday the clse was
called on but unavodably absent from the
ana 'rnm the city | observe by report Of what
Cured ID the public prints, aud learn that II
and seems TO have been the understanding OF the
ana te Itet Attorney that the part OF the defend
ant VIC had assened and afreea the should take
place on yesterday Il hourht that any arrange
ncn had been entered into, if had been aware Of any
such arrangement, certainly should have been present
but did lot so understand that any stipulation Of that
kind made, either verbally or in writing / did not
understand that any thing bc done yester
day than to put in plea TO the jurisdiction Of this court
plcd tic court and the District Attorney that was hs
intention to nterposc The plea OF not guilty put
informally only, expressly resefving the right u inter
pose plea the Jurisdiction pleasure did sup
pose that on yesterday that plea would be put md
! has raised difficult and new questions Of law question
that usually argued somewhat caboratey before this
tribunal and passed upon with degree Of cons
dera'on, had doubt that your Honor would think
rght nj That the public prosecutor would deem only
Just 'b az early day should DC assigned for the
icit Of That notion aud upon its disposition would
then prerare Tor fa', in case your Honor should hold
that this Court had jurisdiction Of the case which, in my
judgment, do not believe Your Honor would ever
70 any such conclusion However upon that point there
may be some difference OF opinion. hay doubt what
ever that the plea good one II seems, however,
from Hha, consideration your Honor abio 10 give t
yesterday, was IN form at all events, oyorrued But
may plcasc the Court, have to say, ani 1t my duty
to say, IN unpleasant ono, but duty lawyer bound
TO do my duty 10 my client must fulhl | rise 10 say
that my client, Mr.. Mullgan, does feel and docs
not believe that u this court he that fair and
impartial trial which the constitution aud the laws of the
land secure TO every citizen lie has therefore nsrnc;
me- as his counsel, 10 apply 10 the Supreme Cour for
orucr removing this case from the Court Of General s-
no
instructors. have made such appl CATION which has
been graui.d by that court have now 10 a. with the
Clerk the order the affidavit upon which granted
and the recognzancc requiring Mr. Mngan to appear
the neAI term of the Oyer and Termincr.
Sicklesg
Sir. sickics-Judge Sutherland.
The R'cordcr-1bare is not particle of truth in the
whole Of il 70 far NJ / am concerned.
The Assistant District Attorney-It i only necessary to
say that required great speed 10 10 this and that
reason no notice was gwen ~
Dr. scklesL1he statute does not rcqiiro any notice %
counsel did al The Law required and as law abiding
citizen he viii do all The law requires.
Mr. Blunt, the District Attorney, said that he would
inform the counsel for the defendant that tho
proceedings found I" be regular his client viii be tried
IL the oyer and Ierminer next Monday.
Mr. Sicklcs rcjainrd, with smile, that tho made
by Judge Sutherland had reference to the Oyer and
Terminer and not to next Monday, which ad-
journed Oyer and Termin.r Mr.. Sckes said that be
would bc ready to Try tho indictment whenever II was
called on for trial.
Mr.. Magsn counsel and number OF friends then left
the court and the other were taken up.
The following the assigned by VIM Mulligan
for the removal of the trial TO the Court &C Oyer
miner
Your appican, verify and con-centon-y believes
ssm mas prs;scd his and eassed and
and impartial trial before sd Recorder FOR the following
fr-Iecan.e o. personal difficulty and as,gr.em-n y.
se Of csa Ina and mSfS % Tsr @ & @
sased The mind and feelings q, ~a Recorder which bias
and @ =. SGr .rpsrsS s has been Informed
se % was
Judge Of On he s as Of n n IN s
,resdsd audi. esry-d ,h- rppenn with having
lore derna Of mo- ~n and your sppsnt sSa h. sh
sfimsps + rs5 ,sso,c ,,
a...,.s the .s. ,l,a o.,err ana
dc. ri. par, wSth fiy convinced your appnssn.
sI fs soss sns o.Se s MOI :. him
nr I ysas apn.ss BY sa Re
ofsrceta,ors who Mere present
sr As yg"T w. spphnn, n,iasr shows and states s not his
,i,, arp.ie.a' m.ds cor the DELAY ~,
'''' - : wiIiins MN srIiiGIS III fSs,
Adelaide Stewart, a fash,onabiy dressed lady, was
charged with stealing $40 worth OF apparel the property
OF Nrs i1nncy who boarded in West washinstn place.
stolen ,ha; found IN tho possession Of the accused
was two napkins worth nity cents which reduced the
crime 10 ett Larceny and the complainant only .n-
thed tlem By the the Jury acquitted the prisoner
shc was remanced as there other charges pending
On motion of the Assistant D,strr, Attorney James
Isyis-jontly indicted with Charles IIawkIas Who uas
convicted ~ grand l1rccnywas discharged evidence
against him being very slight
Cornelius ouin placed trial for assautng Henry
iin1sn nn the iGIh e August with knife, Intending
Nil him. seemed from the evidence, which very
conflicting, ,ha, family -ud existed for be
fore the occurrence the father az a.. prisoner having
Killed hs tte oompianan,s) father that meeting,
Linden and Irin collision which resulted in
GUN stabhnr lna.n In the face The witnesses for the
Trofccufon testified that the prisoner threatened Linden
nri, while the testimony Tor the defence " show
that the prosecutor mad. passcs him, and had pre-
v.oGs,y threatened 10 assault him.
The Recorder charged the length ~. several
ycrdcts which the Jury could render stating that n. Law
ard the evidence prccudeG them finding verdict for
assault IN intent 70 Nil Atcr being absent two hours
tho jury wcte discharged, failing o. agree verdict
" wss understood that sx in favor Of acqitting and
six IN favor az conviotng The prisoner.
Tho .rand Jury presented another batch OF indict.
nsns, and uen retired to resume their duties The pri
soncrs were arraigncd and pleaded not guilty.
Patrick Fryer wss acgui,tcd II charge Of assault and
battery preferred BY Patrick Lsaghey.
John Henry ard Charles Very charged with high
way robbery, N having the n,et of the .h ~ August
assaulted John W swift o. the of Sclluik ani
DIVISION streets. While he leaving his store party
surrounded him AMI vcle his sud watch and go IN
ney Henry ~ The prisoners had bold of hun. but
Very did 10 ythHg. eNeaTtns that h. of
The PARTY, and looked around the corner two minutes
uficCr Williams having been called, but answering,
The frit on IN 10 morrow wednesday, morn
ibg, al ten O'clock.
strREAE COURT SPECIAL rEna.
II,ciore Ilsn. JUDGE sutherland
CeT r2-nrfls-. E-iitcrr cyts ne Pruple le--Corneel
for Muiigan appiied arsayt far al or.r refovs
the trial q The Indictment charging him (MuiganD with
assault battery from tho = sslous Caurt of
Over aud Tcffnscr. order granted rctnrnabc al the
net uyss and T.tmnr'
Thanksgiving Day.
rRceLsaarios sY Jons !. King. GOVERNOR or rnE
tfk ca Nfx