The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-06-05


OIL their foctaities Gene u Concna gave grand bss
quet 10 Admiral PeDosud his suit and chief officers
the 9Th Our Spapnh admiral did thing Of same
tort yesterday, making all generously conf Itabe.
Three Capital Css<s--The Wife Poisoning
The ARA" la Ftfsy- Third street. rno Fam
street Murder.
SUPREME coURr-dEsERAL TERM.
Before Judges Roosevelt (P. Sutherland aud Lott
JUNE s-rhe three unfortunate men-stepasus, cou-
vced Of poisoning bis wife, SHEPPARD convicted Of arson
~ which bis wife burned DEATH and James Glass;
Tor the Elm street murder, and waoss case the jures
AFTER t~o trials old not sgeewere brought before the
General Term for the disposition Of their cases The mo-
tons on the part Of stephens Sheppard we're for new
trials that in the Of Glass by the District
Attorney for change Of venue to Suffolk county.
The Court 10 have met at one O'Clock but the
Judges did not take their seats upon the until half
past one.
Ia the case Of Christian Kolb, convicted stealing eight
ono hundred dollar notes Of the and MAnufac
turers RAnk Of Philadelphia, and Who undergoing
tenoe In tho State prison, exception taken BY the
prisoners counsel that there proof Of exist
ence Of any such bank and that the paper was stolen
there was no value proved in them.
The Court, AFTER reviewing the circumstances affirmed
the judgment, that tho prisoner will continue TO IN
dergo his sentence.
THE ELM STREET MURDER.
In the case Of James Glass the Court deny the motion
Of tho District Attorney change tho They
that there win DO difficulty In obtaining jury try
the again. and they therefore send prisoner back
for trial NJ the Court Of Oyer and rermner.
rBR WIFE POISONING CASE.
The Presiding Justice said that the Judgment OF the
Court Of Oyer and Termner should be affirmed for the
reason TINT would be stated BY bis associate Judge Lott
Judge Lott then read the following
LOTr, Justioe-Afser full ana careful examination OF
this case and the authorities cited by counsel aided by
EeI arguments the Court has arrived the following
FrS-N was competent for the Court OF Oyer and Ter
miner on is own authority without any consent either
Of the people the prisoner permit OF the
jury during tue progress OF the trial
secontThe OF the prisoner 10 such separation
even gwen ut the suggestion of the Court does not vi
nste or impair the order OF the Court authorizing
Third-No ground for setting aside tho for
conduct in the jury Is shown.
Fourthrhe refusal OF the Court TO issue attachment
against the witness Stephens on tue Application Of
prisoners COUNSEL after they had stated that they had
other witness, and range mens had been made by the
counsel yor the people snd the prisoner and assented
BY the Court, does not affect the verdict judgment
FhhThe presence OF the prisoner IN during the
trial Ia sufficiently shown by the record.
Sixth-Noue Of the exceptions taken In behalf OF the
prisoner to the admissbiy rejection OF evidence
available as ground Of refusal Those taken To the de
cHons made "a 10 the questions put 10 the witness
John Pullman. ana to the exclusion OF the papers
before Judge WELSH well taken at tho time they
ton OF these papers by offer OF the District At,o
pey, made while the Witness Pullman, still in court
and before the defence close their every qae
ton which had been propeunded by the defence him.
but which had been excluded by the Court might be put
TO the witness and answered by him.
SeveDtbNone OF the exceptions To the charge OF the
judge or 70 bis refusal TO charge requested well
taken,
EiehthNooe Of the reasons assigned sther for new
trial. or in arrest OF judgment, were sufficient and the
motions, therefore, were properly denied.
The result therefore, is the Judgment must he a.
armed for reasons that viii be morefu given at another
The District Attorney asked on petition for writ OF
naoeas corpus to give the prisoner ephens) into the
Judge Roosevelt said that the prisoner was already in
court
The District Attorney said the motion Was necessary
under the statute to 20 through the form.
Mr.. Ashmead remarked that 1t supremacy rdicu-
eus TO ask for writ Of habeas corpus to bring party
sit here and countenance Il.
The Court said was in pursuance Of the statute and
The Sheriff made an immediate return to the writ
The District Attorney moved for sentence on James
Mr.. Ashncad said that he was requested by the pri
eoner 70 sate to the question why Of
death shonid not DO pronounced against him. be replied
that the jury who tried him in the Oyer and Termner
p n sss
the verdict against him. and desires this reason
in arrest Of judgment may be died With the Clerk.
ton q the former scenes directed direct that tho order
Of the Court Of Oyer and Terminer be affirmed
and drectes that the sentence Of execution be carried
into fleet the I'D Of July next between the hours
nine in the forenoon AMI four in the afternoon.
The warrant then signed by the three Judges read
and handed 70 the Sheriff
THE ARSON CASE IN FIFTY-THrRD STREET.
Mr.. Sedgwick moved for writ Of habess corpus III
case Of james SHEPPARD, convicted OF arson
The Court thought the motion had better be made at
future day.
This case may be considered somewhat remarka
house situsted IN Fifty third street, Tenth
nue. On the night OF the 9th or June, 1867, the
houee was burned to the ground, destroying With
IL three. or four dwellings belonging to other
parties. In the sDou derug ruins Of sbsphard's tone
inert Fire Marshal Baker discovered the charred remains
Of Shepbards wife, The conduct Of the accused that
OCCASION seems, regarded by the Fire Marshal
very suspicious, and that officer kept pretty close
surveillance over his movements for nearly two
months and on the I'd day OF August toi-
and the magistrate committee him for trial.
In December Of that year Sheppard brought IN tr
before Recorder Smith. Mr.. Sedgwick, the Assistant
District Attorney conducted the for the
The prisoner found guilty OF the FIRST degree
and the 10Th Of that the Recorder sentenced
ary, 1858.
Counsel for tho culprt carried the matter before tho
Supreme Court, on motion for a new trial.
City Intelligence.
APPOINTMENT OF CAPTAIN PnLsBuKY SUPERINTENDENT
PoIIcE-we learn that Captain Plsbury has accepted
the Office Of General Superintendent Of Police pledges
himself 10 conduct the high functions that Office without
allowing himself TO DO influenced by political other i'm
proper motives 10 their discharge Captain Plsbury
ssts that all the powers conferred by law the office