New-York daily tribune., 1858-08-03
La W LNI,ELLIGEINCE.
CASE OF MICHAEL CANCENI

SUPREME COURT-CHsMBERs-Aug 2.-Before Judge
NGRAHAM
The People ssL Michael Csncemi
This morning Judge IDgraham delivered the follow
irg opinion, allowing writ Of error and stay of pro
ceedpgs and further amending the record. The case
will be taken to the Court Of Appeals in October next;
IsGRaHAM, J.-Applicaton is made to me for stay
OF proceedings upon the writ OF error in this case.
The exceptions taken upon the trial were considered
by the General Term not well taken and were over
rued II the apple ,tion rested solely upon the ex-
ceptons should hesitate befors grantius t,s motion
There is, however, in this case the question which
arises to the mode of trial by eleven Juror. 1t is
true that the twelfth Juror was discharged at the re-
quest Of the pris9rer and under spulations which,
on any other than cspha case the Court in.ht teei
liberty to enforce between the paties. Ii presents,
however question, and one which, 80 far as i have
been able 10 examine the books, is without precedent
in ia which the life Of the prisoner 10 az stake
Some of the Cases which refer to the question when
has arisen upon the mere consent OF tae prisoner
speak Of such an occurrence on the trial a. fttal
error While others admit that the prisoner might wa7e
tie II. bit to full Juy. do not feel at liberty to say
that the prisoner should not be permitted 10 submit
Lis case to the appellate Court. II has been urged
against this application that the record shows the
tra to have been by the fu Jury, aud that tns "ss
in accordance with the agreement and stipulation W
the prisoner. cannot for moment entenaa tns .
dea that court Of Justice having the life OF the
prisoner at their disposal should on sucn
ground deny the prisoner the nsh. oi appeA.
II he had the power to waive juror, tDeh tue o9o'e
such power, his agreement to the trial by eleven ia
rors iu stiles neither Court nor oticer IN taxing MS
life. should be unwilling in any way to deprive the
pisoner of having this question submitted TO the ap-
peIlats Court. Tne General Term directed this TO be
Inserted as of the grounds in arrest OF Judgment,
and the order Of Judge Sutherland to amend the re-
cord was made for the purpose OF more distinctly pre-
sentpg this question to the Court upon tue writ Oh
error.
Under these circumstances am Of the opinion that
the application TO stay the proceedings upon the udg-
nent should be granted.
MOTION TO aMEsp THE RECORD GRANTED.
The People sr- Michs.l CsncemL
INGRAHAN J-Ine rend nent which the Distrlct.
Attorney asks TO be made to the record not objected
TO by the prisoner counsel is consistent wit the fact
ard was ell dered necessary by the amendment pro-
posed the part of the prisoner. The nrst amend
ment s to insert previous TO the apple oy the
Attorney General TO Judge Wright to nendthe postes
tie folowipg The counsel tor the prisoner moved
"ite General Term 10 an end the postea when mouon
was denied by the General Term, and the counsel
"were directed to make such MOTION to tae justice
before whom the cause was tried"
The second amendment is to inert IN the fourth ns
Of the statement Of the application to justice Mtsas
FOR sn amendment of the postes, after the words ~
arrest judgment the words, and before sentence
"was prone unced upon the prisoner aud before 'ne
"sigrir of the judgment record by the Judse O.
"GeIe!al Term.
Tie mo,ien TO nuerd is granted, and such amend
mert is ordered to be made by anrexng copy Oh Iue
order therefor to the record.
DECISIONS. r
Harriet Z. Loud aet. Warren Loud -Repof' VI
F.isee confirmed AID order iof payment Of couh'e' zee
aim ua-ged.
In tie natter of the appeal Of Michael Pncs Moo,e
iIor tie tr q order Of surrosse II the matter OF tn vr
IL o' sad Moore Louis Moore cecease
sIsn.eG payment of forrasr motion .nd o' ,
iioE and pon condition that the painful poceean9' 'A ~
be ,ayse, q hi. nzht' Affected on such sPp-s u,io,
Daniel l.. Harris sst. Elisha L. Ltchheio'-no'''A
srsr,sG With &o . -,
ASoIHER STIR AGAINST THE EDITOR OF The WAY "
lrsr and
John C. Hal ard G.cr,e B. Maigre axt Georfe r. E's '
Wn HeIes
Tbs sut is brought agsinst the defendants y NJ NJ
priIteis CT TIE Udv OF Life. The affifAYit Oh NJ.
Hall states that Mr. Edgar induced him 10 pm
psrer, srd TO puichase come new foots oi EpJ, ~
repre- se Liirg 10 him that he was aoundanuy oo.o
n eet sIy and a.. Of the obgatiors ne shou.a
from saId IIay Of Lft, and ths: ne oy sun - :,
wrcpgfu.!y and haudulently incurred dev, vss
deporert. of about 81 800; that from the Psi'ra
tors made to him by Mr. Edgar ne was lsa 20 e.1 IL
that the latter vss doing AZ least ssVv OK 81 =.
the drug business that EdgE also told mi =, IT.
be wss able 10 carry on the bu.inese OF
W0y Of Life from his own means tass Al nc IA
zen atioLs made by hun as to ms dius ,d Ssc.n
his mesrs ard property were wholly AZ eI T,,sr
tive; that all the mears or value thai ~ . -,
oeved from ts drug business and wnea NC pS,,a %
tte finn Of EDGAR i Herries - espltai-eceoi. :.
his owr staieneLt-of The Way Of LI2 - "a.s'
or fcrr rotes, amounting TO about = ransS
we're msce by q young man named WsAe'' oues.u
TO be urpossesseo Of spy property vnAle 80
vhcm Edgar q, ID cut his said crug ousinses sa:s
Walker atou. the -. Cf last Uooatn, 81 noens VI
k,a -t.o..,ra If tea dsfacdanf, NV "