New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-07-12

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what the pihoIer has 70 say Why sen.ence should no
% pronounced upon him, he submitted that the prs
ossr had The right to reply by affidavit in English.
Jedge Davies quietly remarked that the prisoner
heo not yet been srreigned.
Mr. Blapkman-Csn we not aege a diuipution Of
The record
Judge Dsvies-Not in this state.
The attorney stated that be bad two preliminary ob-
1eeops to offer: first that this Court had jursdc
tos whatever 70 amend the poses, it being q docu-
Dent from the Circuit Judge, who happened 10 De
presen merely from accident; aod second, If u had
JursdictioD, the prosecution entitled to the ser
wee OF anv papers upon which the Court csDeo upon
70 give reef together with notice Of the reief de-
1sDded. This Cour. had no right to entertain mo-
Mr. Bl.nkmsn answered the objections. He re-
Tered 10 the eighth section OF the Bill OF Rights 10
support Of the motion TO amend the po5tes by insert
ng tire s'ipulstoDs msde by counsel for the with
drswal of one Of the jurors.
The Attorney. General sad that as this Court AMI
the Circuit Court had equal powers, the former could
not compel the latter 10 amend its minutes. The
other eide had commented the course of the prose-
cutop because it simply asked for judgment upon q
man who bad been twice convicted. II would be pre-
poeierous to allow vcted feon 10 make sida-
Wit contrsdctlng the records Of the Court which
victsd bin.
Mr.. BIsnkman ssid the Bill Of Rights declared that
the record sbould SHOW the defendant was tried by
twelve Jurors.
Judge Davies told Mr.. Blank nan he must confne
himself to the preliminary objection raised By the
Attorney General.
MI Dl6Lkmhn b6l0 there was no tna IN TINS
ease; 1t was arbitration. If agreement could
be mace to try a man with eleven jurors, agree
nent ctud be entered into TO try him with five, or
only The Cons,i uton provided that every
should be tried by twelve jurors and that vsVer Of
such On the part Of defendant could be- only in civil
sAses.
Judge Davies called Mr.. Banckmsn TO order, and
ysqoetted him TO keep to the points or he must stop
kis argument.
Mr.. Blspckman--T am keeping to the points.
Judge Davits-fou mast take the jgdgmen OF tne
Court, ana not Jour judgment. The Court says that
yen not.
Mr.. BlaDkmsn-Yes Sir. This Court cannot stop
me from arguing. 1t might cay, a. 1t said to my
for arrest Of Judgment that there wa nothing
m them but ii cannot order to be silent. In COM
mon law il wss necessary that the record should snow
the prisoner to have beer tried by twelve jurors. The
ether eide talked Of cerorsri. Who could issue it
Should go out and stretch our arms aloft TO ask
heaven 10 grant it This Court could not issue IT TO
its own officer. Must wait for the Court Of Appeals
N October next when the marble avs Of the grave
would be closed over our client.
Judge Sutherland said he believed the prosecution !
were right as TO the question of power apd thai the
application should be made TO the Circuit Judge. We
was unwilling 10 let the prisoner suffer fro,n the
neglect Of hs counsel In not makog application in due
time TO that effect but would agree that the sentence
ahsuh be suspended.
The Attorney General interrupted the Judge say.
ing such an opinion in anticipation would be extra
judicial. When the question came up he would pro-
test against the suspension of the sentence for single
hsur, AND if he did not do so he would be totally
worthy of bis petition.
Judge Davies announced the decision Of the Court TO
be tina. they had no power TO amend the poetea; il
such an application to be made, it should be to
the Circuit Judge.
10 Judge Wright, and would abide by the conclusion
bic conscience would lead hin TO concerning it, Fur
theT, IL the Attorney General would make an affidavit
eestisdictIg single sentence in If, he would with
draw It.
The Attorney General replied that he would wash
ks hsnds OF any responsibility if snysfurther delay
took place. He had come here at very great incon
vepebce to himself
Mr. Bankman-You are paid for it.
The Attorney General am not psid for it.
Judge Davies 10 Mr.. BlslkmaD)-That was very
The Attorney General-There has been sufficient
delay in this case, and Judge has come great dis-
lance to pass sentence on the prisoner ana now tney
AK further delay. He spoke of the peIhdy which
had been exhibited in the case.
Mr.. A.hmesd-What does the Attorney General
mean by perfdy
The Attorney Gene,al-Does the counsel wish me
70 state what 1 mean by tnat word
Mr.. Ashme sd-Ies, sir.
The Attorney General (emphatically)-I say, Sir,
that when On officer attorney of this Court, makes
solemn stipulation to which he puts bis signature as
n attorney TO withdraw juror and that no allusion
Is TO be made Of that fact on the record, and now
brings that matter up IN violation of that stipuaton-
that is perhdy. And sooner than i would be guilty
Of such an act, i would have my right arm severed
from my body tSepssiion
Mr.. Asbmead-Wil the gentleman state who has
TIE Attorney General cannot, because 1t Is not
On the record.
Judge Davies said the gentleman must settle that
somewbere elfe, it was not before this Court.
Mr. Asbmesd said that as far "a this trial was con-
Seraed, there nothing more pertdious than the
conduct OF the prosecution from beginning to end.
Judge Davies called counsel to order, and ordered
The Court to be adjourned tall Monday moILicg at III
o'clock, which was done amid great confusion
Subsequently the parties appeared before Jucge
Wright and moved to amend the postes.
ha ~ a a amendment.
If the Judge granted II Justice would be inside lsuRh
Ing stock Of and it would be said that any could
escape the meshes Of the law by the ability OF unset
The stipulation sad that it vas entered into by coun-
sci for the benefit of the prisoner and was one OF
q oee hon rahe transactions that happened every IA"
CoLsi6e rsbe al umeut followed in which MIR. Ash
mead toSk DO part, having withdrawn shortly otter
the adjournment Of the General Term.
A. the conclusion the Judge said ne did not see how
he could amend the pos.ea. lie could return 10 the
General Term the stpulatiOns made in regard 70 the
withdrawal Of the juror, but i would form no part OF
tbe record lie ssd he would consult with the other
Judges and give his decision on Monday morning.
The Court then adjourned
DECISIONS.
During the sitting Of the Court and previous to the
In the above the following decisions were rem
The Lexington and Brig Sandy X. r. Co. sgt. Geo.
Alderman eJudsment Of Special Term reversed ADD uds-
..t ior plaintiff on demurrer with costs with liberty to defend
John Edgs,t IN AIT Henry l.. Douglass Sc.-Judg-
uept Of Special Term Aft rmed with costs
Cornelius Vanderbilt sgt. the New-York and Hsr-
im r. Co-JGdsmen for plaintiff special verdict with
Philip French, &c.. agt the Mayor, 40, of New
granted sbde the Of the suit
Fredk Berley sst. Isaac Newton.-Judgment for
Sefer dant with coats.
Elisbs w. Chester. &c, agt. John j. Speed, jr.-
ysdsment Of Speciai Term affirmed with costs.
Jss. Mofdock sgt. Philander Hau-The Judgment
the Sp ci Term must be reversed and iA ordered
O~ep Churchmsu sgt. Vim. acknowledgement of
afhr Al viii