New-York daily tribune., 1858-12-14
Lii " INTELLIGENCE
FOURTH TRIAL OF MICHAEL CANCENL
VERDICT or NANsL.UGHTER IN THE FIRST,

fOj XIII TRIAL OF MICHAEL CANCENf
VERDICT or MANsI,UGHTER IN THE FIRST,
SUPREME couRr-t'.saS1fo,e psSkEki u-s..,. ,,
The People a., NJ Lac, cancezni
y, iVi ocio>A tbs HsrIias tae Jury took their
vudie,l 'f'-
Tle For,uan-we have not coma . any cor .,s.;n,
Ititltr is il likely that All. We ask aor AZ ia
Court thst We be di,c lsrsed from iuith~r duty
] Judge Ingrshnm-t 90 not seei at liberty 10 dis
ri aree you, becau.. DO not think YOU haye ~
KEEP q sther sufficient 9Th of tiue 10 warrant n
iu capital Ii toe Court 10 tie s1rrcis Of n,
discretion should diso age You premaiurely, i, nigh.
/ lr a bar to sICt' er trial.
tor,manI ttipk, in our present state Of mind ,h.,
Il We VI re X 1t iogrt ef twelve months We .hooH
coo To 10 conclusion.
! Juds. Iuerahsm sid be had hesr,i similar s,a.s.
meuts nom JuIics that af,erwsrd sgneed
The Foreman urged iha some If them had bu.iassa
attend t. yl,ch would suffer their absence, bat
The Judge reminded him that fret duty of the ct.
/ zen Is t. tfe State.
one of lbe Jurors asked leave 10 ,enJ con,r, ,pios
iiot to his iamd,, stating that il cona ned only re
mittsnce 10 buy bread and batter.' I.eay. was
graptej.
A Juror then inquired il il would he proper 10 have
oil tue evidence on beth SIDES before them. Tue Ju re
s.pHei that il io,prcper for jury to aave any
uoes of testimony e,celt wnst they had taken thes.
selves Int il there Any dOubt about D ,rtous of
the svid,pce be would read Il to taew.
The Jurors then called for ca. reaiing of yarols
portions # tie teeiimopy. which was read from tia
Judges inutss, some parts being read tsce over
Foe coubtul pV appeared I" be AZ tn whether toe
murder occurred before "r after u O'Clock. sod a. 10
the rUub, snu description "f p.r,ons seen rlsuipx
fIorn ben. ath oamni-s awning ana acros, th street
A Juror !, quired II they cpald convict for anUalus
lss then ruId,r. Jucse lngraham sid he thought
not.
/ Mr. Ashmesd-IIow does your Honor charge VII
/ you ,Ol siitr as excepting To that
The Attorney General supposed the Jury would
have tie p,w-r 10 convict oi msDslalghter, II the
case came within aay of the Subdivisions Of the
statuie..
/ The judge ssis be bad spoken in reference 70 the
Testimony, the Jury had the power # the evidence
whrIsutcd it. H. tnvn read. statute % man.
Slaughter in It's different degce.s aud told the Jlry
that they thought the evidence warranted t. they
/ conlj c.pvict OF nauslaughter.
| The jury then retired.
AT o'cu. p. II. they retnterej the Cour. room
/ aId announced that they had agreed upon verdict
wbicu was MASsL,UChrER ~ rHE FIRST DEGREE.
Carc-n betrayed 10 emotion when tue verdict was
made known.
SUPREME COURT cH.Nssss-prc. li.-Bsf0rs Jadss
| SUTHERLAND
! 1uE INDICTMENT OF JANIS GORDON BENNETT FOR
LIBEL.
The argument on the mOtiSn 10 remove the tnA Of
Bennett for liz 10 This county hnisnet to-day.
! After hUldug the question tor Consideration . ~w
] M ufs, the JuuSt lluc IN OIuel P'e'0
of trial TO ihis county, but without designating the
/ Court iD which the defendant should be rief.
SPECIAL TERM-before Judge isGRAHAa.
, QUESTION OF PRATICE.
Robert II. Runtell sst Hermon Gnin et al.
This action war brought to recover damages for
levy ,ution on pesona property under jadg'
nent oil. ged 70 te void. On TIE tIal at Circul pans
TIT recovered verdict of xix ceCts which defendants
paid at the tlme Defendants then applied 10 tho Clerk
ON the usun uOtica ADO entered Mp meat for thef
costs (slol sG, 70 which plaintiff excepted and moved
this Court Special T-cm to set the asiie oa
tie grounds TIM, defendants not ent,lei) costs
and rregularity in the entry OF the jupgn nt Upon
the Dc cson of which motion the following opinion was
denver.
! INGRAHAM, J.-Thc plGintf recovered six cents 10
Cbaiu damages fr t-An1 p-rsonsi poprJ rhH
10 the fourth subdivision II toe ish 'econ rms ptn
tat is not eItIt.d uUc lie recover ~ audh aen n's
entitled to costs ih. 5e.bcaitl A. Ibder section pL
Where the plaintiff dict for all anoun, not sun,
cieut cary rho fmT cs suppose to De- i
viz: there be- u5zD"st ron ana hN ns
derdels BE- lbs ted u ia- Jas~sDt oi ths Ps
t bs coyry. II plsiDuh ~ uo enter up Jdssas
the O. tendsn n.ss move for leave 10 d. so 80
II Tho psnit enters up Judgment tue pTevalins pAty
(which Ia Hos 5i j. the party prev saIinf
10 csts sy, ~o days Iotce have Tia costs inserted
tie Jude-it ~ the CeA, aid, IL sH noioa w'us
I b.
10 pr. pautia entered up any ,ads
Oeut, becsuie The dausges nominal AID stated
the ssUment Il the mott bcsse they paid the time
OF ~" uis IL wouid bsve been matter o he
sound for yscatig tbe Judgment --r-d by him. becs.-
Other JudsusDt be- entered action H ~ouId
- - = " 80 'ie osp sns ~ tnr PWpsS ." So-
pehg Tie dernsab To move Tor l,aye O. he
10 enter is Inc Ia 10 better al
talpec by denying this motion
M0tnn d.ni.d without oo.ts.
;. i. ClaIb sUL Tor plaintiff; I.oder and pomeroy