The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-07-25
@ Case OF Canoe ms--aa Motion 20 Amend
Record.
srPRgwE CoURr-srECIAL TERM.
pcfara ~ m Indve 2ntherlana

SUPREME CoURr-srECIAL TERM.
Before Hon. Judge Sutherland.
Jury 4--7ae People rs. Miehad eaacsmi--In this
sne prisoners counsel served notice Of motion 10 b
made Ibis day for the production Of all papers and othor
matters connected with tbs record OF the trial and
yicsion Of Michael Cxncemi
Mr. NcKesn asked for . postponemens Of The motion
until Tuesday when he expected 10 receive from the Az
ssrncy General copy Of a decision in Q similar
The Judge thought hey bad betacr 80 with the mo-
Non now reservng To the District Attorney the right
pu. 70 the paper when he received H. lie also SAID he
would not decide tn matter without consulting Judge In.
graham and the osher judges.
Mr. B,ankman was then proceeding TO read his nouce
Of motion, when
Judge Sutherland suggested that would be better 10
have The prisoner court during The proceedings Can.
ccmi then sent for and arrived after He looks
pacd - ususi;hut sucs his sentence 70 death,
70 have become much more pale.
hr. Btankman then made his motion, the object of
which 70 have The fact appear record The
sweve ~ directed By The laws Of The STATE He desired
20 have incorporated In the record the stipulation with
regard 70 the Withdrawal Of Mr. Muller from the jury 70
four presented BY counsel Of Judgment
the decision Overriding these reasons, Aad their cxcep
tion The reasons for new trial, and the decision
ruling tbe toe Subsequent amendment OF the pon.
was in court during the whole Of he trial, Csncems
speech In which he the ah for the arrest Of
y
the common Law, namely by eleven jurors, and the
remarks Of the Court In repy 70 him None OF theee sp
pear she record.
The Judge saii he had understood tia, the bill Of
exceptions the pocd and the other Matters would be
tsched 20 the record Judge Ingnham so stated 70 him
al the time.
Mr.. Rlsnkmsn ssd agreement va. male on The trial
at Circuit between the couusel, IL which Juror was
Withdrawn, and the cause prccef 10 trial with eleven
jurors the very heading Of th,i sreemenl showed that
the intention on all aides then that the Agreement
shoud become part OF the record n was entitled can
agreement handed 70 the court" me closing words
(which ordered on le, and The said Frederick Muller
~ permiued 70 be withdrawn from the ury box were
added by Mr.. McKcon hnselE
Judge sutherland said hsviewwas that the prisoner
had right 10 get The fact on the record somehow Ne
would Ike hear what the District Attorney prop,ref
Mr. McKeon sald the fact tina, the maa had been con
vicsi and under sentence Of DEATH imposed heavy
responsibility both upon the prosecution and the cour
they were not 70 be Influenced by motives OF humanity OF
mercy such ccuslderatonsshoud he addressed only
the Executive. Tbs application vas "a amend record
Special Term hadsny power 70 amend the record OF u
court
Judge Sutherland said be was scusisi by no feeling
of mercy the dead those who 70 die, but Tor
The living. 10 desired 70 regularity in the sfmnis
trstou Of justice He repeated bst the defendant had
right irrespective Of HE COUNSEL 10 bring before the Court
OF Appeals the question OF tho regularity OF bis trial
wss only . question how that was 10 be done. He sup
posed All these proceedings would have been attached !,
Mr. Keen cited authorities 10 show tina, man on trial
FOR felony could surrender certain legal rights By agree
ment, snd1v~ bound by the agreement He vent on 10
argue tna tne spuon could mot form part Of the re
Term 70 form fth point arest OF Judgment AMI 70 bs
considered everruled BY the court Arrest OF udemeB,
the record none appeared on The record IN the nres
instance, and the motion denied Hence there was
Of hrirs the stipulation before the Court OF Ar
peas, under this decision Of the General Term.
Mr. IAspkman having consulted with W Ashncsdc
replied at some lengh snd the decieicu in he mater
reserved.