New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-01-11
Ia " LNIELLIGENCE.
SUPREME COURT-CHANBERs-JM 9.-Beorc Judge IL
THE CASE OF ROGFRs-wRIT OF ERROR ALLOWED
AND STAY OF PROCEEDINGS GRANTED.


GRAHAM.
THE CASE OF RoGrRs-wRIr OF ERROR ALLOWED
AND STAY OF PROCEEDINGS GRANTED.
The People agt. James Rogers.
ISCRAUtM, J.-The writ of error IN this case -
submitted 10 me for allowance, and stay of proceed
ngs asked fr upon the bill Of exceptions Sc led by
the Judge before whom the prisoner was tired. Inc
CITY Judge ceItfiCs that, in his opinion, there IL no
for staying judgment except so tdrastAe statute
of 1870 may render il obligatory.
have not .oked into the exceptions taken on the
trial because the act of 1870 leaves to this Court or
Judge of it discretion in granting the stay of pro-
ceeGngs The third section of the act 10 enlarge TIE
jurisdiction of the Court of Sessions in New. ok pro-
vidcs " that every conviction for capital oiense
" shall be brought before the Supreme Court &c
" from the General Sessions, &C., by writ of error
with stay of proceedings az mater OF right; and
4" the appellate Court may order ne trla!, whether
"any exception shall have been taken or not IN the
" Court below" (Session Laws 1880, p. 6l3.) The
writ of and -ay Of proceedings thereon are ny
til. statute, given every conviction for a capital
offense a. matter of right, and the discretion here
tofOre allowed 10 the Justices OF the Supreme Court IN
cranir the stay of proceedings is taken away.
The writ of error must be allowed and the stay of
proceedings granted.
RRnoR, or PRACTICE N the MARINE COURT TO DE-
CORRECTED ~ rHE COURT OF COMMON PLEAS.
The Peor'e "a rel. Il. q. Flames G.t The Marine Court
In this application IL made tor writ OF pro-
hb against the Marine Court dGns them to refrain from iron,
QUALITIES III the practice there in The commencement
Tfe l. no doubt but that the Marine Court has jurisdiction,
the ,ecl mser Of the action and Of The pcrson Of the
defendant aud the posiuce Of tl- Court TO Interfere by
iii, wit IN correcting Of practice in that Court II any
.h crror hss been committed the proper tribunal 70 correct
.ch the Common Pleas, TO which Court only an appeal
II only wien that Court undertake.. TO proceed i, mater
vL within M J,i ton that an applcati0n i"r WIN
O, prohibition can BE- otts'n,d.
The motion l. dcu,d.
Before Judge DAVIES. a.. u -.
John S.izrr IT, agt Ippoytc Mali ard OTIS 7. Jerctt
The complaint in this action acts forth that IN me
y-r 1850 cmtay established by the Assembly, ofthe state
VI
Conpany That the defendants herein e-pect' ely President
sIa Te'ia ..d q IN, s aoat q so II alleged
that in April sud MAY the yesr 80 said defendant. MY
realized the ann Of Isoo 1t alleged ,bat st that n. N"
whole nunlG d .h,rcs oowsd BY the s st psa 'e'
Tho plaintiff IN this sol, bought 5000 shares OF IN. Soc nD
which he paid la2 In June lSji the fraudulent oNei'
becarrc known and the Of stock Of course was sli
worthless. and the legitimate issue became Of only nom,na
extent Of -Ig go or which sum BE- d. mans yerdbt
The up saturday on demurrer u 'l' c"hP
TIN p ncip. points Of which were: It.
Fr Thai the remedy Of the p nta s against TIE parties
from whom he bought the stock and not aghn tue d'n'AH
SccoaS Mjonde Of causes Of action, the defendants being
sued for dsnsees cor injuries caused BY them officer. Of ne
Corporation to the plaintiff ockhoider and likewise ses ~
fraudulent and Illegal acion a, 10 ne h ,,Se parry
Mes 8 W. and r. 3. Roosevelt for PaH''n "'e'''
AZ Csdy for defendants. .,,,o
Before Jodse DAVE. .. ct.. Dsvl.
The Mayor, &C. 81 A. C. g.. Es sS:, o. u '''''''
Tie order TO show cause why tne q, ~
the o Copoysr and hi cleTi' og! ng 70 SOW ~sS
rryiI ri. naming sir. Busted bes " w Ccn P,,
ruad de- mater ntil Thrsdsy M on
!. iLe latest one aud which enJ'H' '"'
their salaries.
s,-,,r,,,, cor-pT G.yEsAL TysN-Jaa. 9-Boloso Jus.
'' 'HA''A dee. MfrcnELL ROSWELL and DAVIS.
,,.,I, or Tgy LATE DoNIsIcK LYNcH
~ =, a, at frederick De Psyster Louisa Lynch.
OPINION.
D.v,ys IA perusal of this will must carry with
the conviction that the fst object Of the testators
n"yt for fe without the possibility Of accident,
vaa his chief concern. II is apparent we think, that
he regarded bis children, in comparison with what he
deemed due TO bis wife, as secondary objects OF his
consideration. 1t would appear from his viii that hs
had already made some provision for them, and that
be gave to his children Loniss and Edwsra s sa
.yotA ,h edaesion md support Prom ,hi. nfh. b. IN
d that tho others hsd q, iar received N eQrA amoan
Keeping view therefore, whs think l. sppa:ns Gsn sAe
ho Of this VIII the anxiety Of tbs estat< eecnse sa
seausts sl comtsabs support fs bis v during Nc NE fe
spevs any sppossd Of his chndrsn ~ psys tsss
IL ID hfs Of bis sanuisy eAoo ~
secu,, tss ~Ac.sot psc4sa k s@ss' M !" n ssA-sss