New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-05-09
the City Prison until the bin of az .


business " this Court should not be competei.
Pironer then called up and stated that he killed
the in self defense and that the man came iate
the kitchen Ia lick him.
The Judge-The Court Is disposed 10 listen 10 the
Recommendation Of mercy bu, while the Law viii be al
niinistered with mercy, justice must b. done. The
sentence is that you BE- confined the State Prison sl
hard labor for -four years
10 CoBURN SENT TO STATE PIIsoN-A SCENE IN
COURT.
Joseph Coburn. who pleaded guilty to assault o.
Officer Davidson with intent to do bodily harm. made
the following reply to the Clerks question:
IAN cot to say is that was drunk when the
currence took place the officer first commenced the
assault
The Juigs-You were indicted BY the Grand Jury
for assault with intent 10 si Samuel Davidson, an
officer Of the Metropolitan Police. on the 18th Ut De
Cenber last Since your plea other persons have oeen
tried Tor that oense aud the Court would have becs
glad If the evidence had shown that You were As gai
less as they. This officer did moro than his duty
in requesting you to keep the peace. A legal sathe
thonty has said, - In these cases it is very high
contempt Of the laws for person TO execute his re-
venee sgainst those who have in no way offended
him. but by doing their duty, and be cannot come on
nv alleging that what he did IN sudden ARRAY.
For the sake those who bound to You by sacred
ties the Court would be glad TO impose lighter sen
teEce bu. you must be imprisoned at hard labor IN the
State Prison for three years.
A shrll scream from the voice Of woman startled
all in the Court room the last words OF the sentence
spoken. IL came from woman-s reistiye %
the prisoner who sat with another woman and little
boy near the Clerks desk. Roth Of the women weps
audiby, AMI the scene was Of the most painful de-
scripton.
The prisoners were removed by the Sheriff, and ~
the crowd poured out of the Count the Judge
nourced that in the case Of Wood. Eddy & Co, in
cted for violations Of the lottery laws. he would make
an order sending the indictment back 10 the Sessions
for trial
CASE OF JAMES GLASS.
A. A N tha Ipty seDt fpT 10 Juyy
had been celebrating twenty-five hours, and the FORE
stated that the Jury had not yet been able TO
agree.
Jury further instructions il needed them; but mono
of the jurors asked any, and the Court ordered themS
refine again
was sill drliberating without any sign of coming to an
agreement Il is rumored that they stand eleven II
favor of conviction and one opposed.
THE CITY INSPECTORSHiP.
SUPREME CoURr-SPEeIAL TEsn-m.r Before Jsdss
The People rel Geo W. Morton, ss Daniel + TiemanA
The writ of alternative mandamus to compel the
Mayor to countersgu the warrants for the payment %
Mortons salary City Inspector during the mouths
OF January and February, 1852 came up for hearing
to-day.
Ex,Judge Ednonds appeared for Mr. Morton, and
the Hon. John Mckeon for the Mayor.
After the argument, tho case submitted to the
Judge, who reserved his decision
behalf Of the plaintiff
l. The re.tor is City Inspector de yac,o and holds s
'0I sue d ar. ss m. pr provision. Of the Revised Statutes
There vacancy The Constitution tart TO- 80 gives
lsure has declared omns expiration Of term s. ".
ESQ ~ It refused to include expiration ReN'er' Note 4
The Of the City, not repealed to the 'sns
4 The Charter Of 1857 continue. him in Office
The constituted authorities Of the city have declared him N
Necessity de ands that he should hold The Office has
depy aud bad he could set ony IN case Of 'scanJ 80
: The rule Of common law tina, suOh the party msst
hold -. II.
The presentation Of the vouchers ia merely to show shs
= That is directory merely
s. The ordnsnro cannot o.errule the statute - . . -
1.-THE Mayo, has Judicial power 80 has the Clerk the Cham
The power u sdudgns siveu the Departments
slore There i, appeal from that to the Mayor For A"
Mayor 10 Judge 10 usurpatlon
Csste cases are the Clerks keeping tho seal and signing
searchs
III The question OF the title to Ofhee osnncs be det.s
mined in this irregular manner
~ Msndau the remedy aud Is no objection tAas
Mspdanu.. the pnpe remedy to compel oorporstisa -
2 S. 10 compel performance OF. men. ministerial ."t
j. 40, 10 compel oorporaton To poIform itsdnJ
So 10 compel the payment OF money even though the PsnI
hiss another remedy.
The following are Mr.. McKeon's points:
l. The granting Of writ Of mandamns Is MISTER OF dssv-
on with the Court sud ought not be- exercised excep. In scesr
H. The present application indirect mode of tying .h.
lille OF the rvaor the Office Of City Inspector and the VIA
will never b. issned try the title 70 an office.
n. Writ s, Of I S. Iss saS 20 Toe oo % s
City Inspector ne has his remedy BY action ssa9.t the City u
New York his salary payable out OF the City Treasury
act within the ordinary functions OF his ONCE, ans
one in'olyins the eSe 81 judgment Cas IN ne~.a
Ths People Fngg 6 Barb $50 was that Of an officer .hS
had discretion exercise In the paroo nanasr on whoa
be called upon to act. aud the mandann was therefore
i''ved H. ,.,o, Morton mot Civ ,o,osc,o, and Ia, no claim
conpen."on since D.o.%per 81 s5s when his term ofosos
expired lie elected 1oder the ehar.r EXISTING psyoas V
,cd officer specified which When |, expired;
officers aud elected officers sud this distinction recognized IN
the Government the Uu-d STATES aud Of TIL. state An sp
Tr,sd cer hold until another shall take his place but an
officer holds only until the expiration Of his term Once
Ihr 2s section Of the charter Of 1851 in-nded - covs
persons appointed Office under that chaef-to heads
oDepsr,. Thereafter To be- appointed for two years Too
tutu Of the Legislature to abolish tue elective character
bent 70 hold until the end Of his term
TIE only argument 10 favor u the ator Ia that unless be
l. weight in such the present When Pr.e,o.els
sSSs n Rs s aS Jaass
John Fogle sgt. Wilnelnina Fogle.-Judgneat d
divorce Usuted
Robert McButt ct al aRt. Gordon {. Cort.-Motioa
granted with so cost. - abide ey-nt
SUPERIOR CoURr-oEsrs.L Trsx-M.v I-Bsfsrs .
Full BENcB.-DgcIsiOss
Henry Srnons agt Reuben DE Barre; jas. Mons
Mutual Benef, Insurance Company Orders affirmed
Joseph II. We-eott sgt. Walter Keeler.-Aew ui1
Dane Thsyer, Jr., ast- Henry c. Irvine-Order ~
frmed with costs
COURT OF GENERAL sEssIoNs-MAr 7-BSfrs Judss
RUssELL
There were no Jury trials to-day. James H. Maggie
who yesterday pleaded guilty n an attempt 70 commit ns
se ys Zoe e, r ...a .sa T as
The appeared s.nos .aa .-.s.a-d f''s'
Burton h endIiok 70 the State Prison foI Two years
The Court asl5urDsd ti II O. IN on mpnhay