The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-08-03
The Cane emil Case.
MOTIONS FOB WRIT OF ERkOH AID STAY or PRO
CEEDINGS GRANTED.
Before Hon. Juoge lpSrsnam.


Before Hon. Juoge loSranaa.
AuGusrS-7he People Us. Micha>I Carcsmi -ISGRAHAMJ
Application 10 for a stay Of proceedings upon
the writ OF In this CASE rhe exceptions taken upon
the trial were considered by the General Term not well
taken, ano overruled. II the application rested
solely upon these exceptions should hesitate before
There 10, however, in this case the question which
ises as 10 the mode Of trial By eleven jursrs II s true
that the twelfth juror dscha a. The request OF the
prisoner and unoef spuaiiors watch 10 other than
capital the Court might feel liberty to enforce be-
tween the parties presents question novel
In is character AND which nave been abe
to examine books without precedent IN case {,
Oh The lie of the preouer NJ stake sumo o the
which refer ~ toe question woeo has arisen upoa zoe
mere consent Of the prisoner speak VI such
upon the trial fatal iTor ~he others admit that ths
prisoner might waive yns right 70 un jury DO not
feel r. liberty 10 that the prpner should not be per
mied TO submit TO the appellate Court IL nss
been urged agar application thst The record shows
the trial to have been by the IN" jury aud that TINS was
IL accordance with the agreement Of The stipulation o.
the prisoner caDnot for mon1e1t entertain the idea
bat cour, justice having the life Of tao prisoner as
their oieposs should ON such ground deny the prisoner
the right Of appeal
II lac the 20 to waive juror then Ia, Court,
appeal, viii sustain tho uogmen. IL he mad DO sisn
power his to The trial by eleven jurors jass
hes neither CONT nor officer In taking bis me should
be unwilling In any way 70 deprive the prisoner OF
having this qpestt q submitted 10 toe speculate Court
The CT neral Term drecti this TO be Inserted Of
the grounos which the prronsr moved 10 arrest OF
Judgment std the order OF Judge ea.heren, 70 smesn
the record tor the purroee ~ more distinctly
presenting this question 10 the Court upon the writ Of
error.
USder these circumstances OF the opinion that the
application 10 stay the proceedings upon the udgueot
shouid be granted.
The People Us. MichaS t'ancemi-IscRasAx, 1.-The
amendmtn which the uo9rct Attorney asks 10 have
nsde b. the record Is objected 10 by the prisoners
COUNSEL consistent with The fact aot sss rendered oe
cesssTy by the amendment proposed the part OF toe
me trst amendr ent is TO insert previous 20
the statement OF the application ~ the Attorney Gensrd
to Iudee Wright " amend the pos;ea the folio
counsel for tho prisoner moved the General Term 70
amend the poatea, which motion denied oy toe
General Term, and the coun sell directe1 make
Auch motion 70 the Justice before whom the
tried The Ia to insert in the fourth
line OF the sts;emen OF tue application TO Justice Wrxbt
for amendment OF the postss after the words
OF judgment the WORDS and before pro
nouuced upon the prisoner and before the ssnug OF
judgment record by the JUDGES a. General Term "
The motion 10 amend is granted and such ancodme I
oroered TO be made BY anneNpg copy Of this order
therefore TO the record.