The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-11-01

NOVEL Case-a Prohibition Against tAe
court or eyer and TsrnaineT In the Mat
ser OF Quimbo Appo-Indfctments for
Muwder-Mors indictments In the FuI.
Asn Bsnk Defalesaasn Osses
SUPREME OoUHT--sPrCIAL TERM.
Before Hon. Judge Ingraham. q &
o., sl-TAs People, at he Relation Of Ae DiRria A.
,rmsy, u.s. TIC Court Of Oyer and 7ssiser Of NeW Fork ard
0saimbo Appo--Ths is motion for writ OF prohibition,
and y very novel its nature. The District Attorney
moves for writ ofprohibiton 70 prevent the Court Of
over and Tcrminer from granting 70 the convict Apo Or
As counsel the power Of applying for trial under the
opinion recently delivered by Judge Roosevelt In General
Isrn. Judge ham granted the writ, which sets forth
sthat at Court Of Oyer and Terminer held at the City
Hall the first Monday OF April, 1850, the
Kon Henry E Davies presiding, you, The said
Gain 20 Apo, were duly convicted, on Indictment
OF N murder Of one Mary Fletcher and the It'll Of
May 1885, sentenced by the Oyer and Termncr 70
% executed on the I'd day Of July then nex and that the
execution having been respied by the Governor, YOU
osmbo Apo, have made motion before Judge Ronsc
welt, the Oyer and Termner, In session, for new
trial. that the said has entertained such motion
On She merits and proceeding TO grant the same IN con-
ssnp 81 10 ana against Inc Jaws, ho9 - e %
has prayed relief and writ OF prohibition on their behalf
We, therefore, being willing that the laws Of the State
should be observed end our good and faithful citizens
- In wise oppressed, do command the said Court Of
Oyer and 1ermincr, the Hon j. Roosevelt presiding,
you said Quimbo Apo desst and refrain from
further proceedings the aforesaid motion, made
he nth Of October, for trial the issue joined in
fhs Indictment for the murder Of Mary Fletcher which
you were convicted and adjudged be executed until
the next term Of the Supreme Court, to be held IN No
vembcr and then 70 show cause why the prohibition
The above was issued by Judge Ingraham and served
Apo and bis attorney while sitting In the Court Of
oyer and Terminer.
COURT OF OYER AND TERMrNER.
Before Hon. Judge Roosevelt
om al.--ln he matter Of Quinbo Appo-rhe writ Of
prohibition obtained in the Supreme Court Special Term
served the prisoner in Court and motion Of the
District Attorney he RENTED to the Tombs.
The District Attorney wishes 1t TO be understood that he
fully prepared 70 answer the question of Apo the
Aerts had such been necessary, and TO show
at substantial ground existed for granting IT, but he
objects ~ being called 10 do the ground that
sssh motion could be made by Apo, there is
Why other convict under sentence should make
similar application 1t is said that four five
already in preparation, and If the jurisdiction Of the Oyer
stances be sustained Il IS reasonable to presume that
eyeTy convict who feels aggrieyed by his conviction will
ake haste torava himself of the newly discovered RENE
~. In order 10 prevent the creation OF precedent
haugh with danger the public prosecutor had to resort
% he old common law writ Of prohibition which has
a6use.
THE POLICE PERJURY CASE.
TRe People u.s. James T.caddle.-The defendant, Police
Constable Twadde, is indicted for perjury In swearing
aAdavt motion for trial In the case OF Qunbo
Apo This morning the defendants counsel, Mr. Blank
man, put in demurrer, in which the defendant sets up
Nat the matters contained in the Indictment in
and form thc stated sufficient in law,
and the said Twaddle is not held by the law Of the
hnd TO answer, and therefore pr ays judgment
The District Attorney put In formal rejoinder and de-
Murrer and the argument will be heard Id few days.
The grand jury entered the Court Of Oyer and Terner
about half past twelve O'Clock and rendered several bills
Of indictment.
John McCue then arraigned for the murder Of
James Reeves by stabbing him with knife.
The prisoner pleaded not guilty, but said he would not
IKE to answer any questions until he had counsel.
William Jones aud Patrick Farrell were arragned for
The prisoners pleaded not guilty.
Farrell had no COUNSEL and the Court said counsel
should be assigned him. 90
Margaret Sheridan, miserable looking creature was
arragned for the murder Of Michael Cany, by sabbin
him with knife on the a0th OF September.
COUNSEL and would like lawyer Spencer to defend her
William Maynard arraigned for the manSlauRher
Of John NJ. Tiken. He pleaded not guilty
John Hayes was arraigned for the murder OF Edward
Kelly. lie pleaded not guilty, and said that he had Mr.
AshIneade council to defend him,
This prisoner is q stout low sized man. and partially
deaf.
On motion Of Mr. Doyle Assistant District Attorney the
prisoners were remanded.
THE FULTON BANK DEfAIcAnoy
The Grand Jury also presented twelve more indct-
nents against VIM Lane Jr for forgery in the third
degree
The Court said that the trials OF the parties just
rasned were not to take place Immediately, he would
consider what counsel should assign those prisoners
whs had not been able TO procure legal advice