New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-12-14

ons no such reservation be allowed and counsel therein
1 o ss prepared for the argument when the case '''"'a
In sy action on contract where is to believe
defense inerpOsed for delay sndt the t' VII not
occupy than one hour the PLANT may upon noce
Special for short and which will be made Up io
The notice must be accompanied by the aduv Of any) upon
which the motion will be founded . a.. a.. ~, ,,,
with be delivered to the CLERK with written notice 'peouyns
ths number Of the cause on the General Caienae b s
pended in the Judge holding the Court and the
win beeuPon be placed At the foot Of the Oene OAe
orSs, oStbs Court EAfHANiEL JARVIS, JR Clerk
SUPREME coURT-GEyERAt rHKx.-Dec. Is;-BsiOre Jus
tioes ROOSEVELT STRONG, SUTHERLAND and lNoRAHAk
THE cAsg or JAMES sTEPHESs-AOTloS FOR NEW
TRIAL-BIs SENTENCE.
The Courtroom was nearly filled with spectators
this morning in anticipation of the resentence of james
Stephens who was convicted of poisoning his wife,
Sophia Stephens. The prisoner was in Court lie
presented about the same appearance as when the
appeal argued, although he had been III since the
argument in the Court Of Appeals.
After the announcement Of decisions by the Court,
the Distrct-AOney read the petition for the writ OF
habeas corpus to bring up the prisoner for sentence
He then moved that sentence be pronounced
Mr.. Ashmead, counsel for Stephens, said the first
motion that is ordinarily made was that the Judgment
of the Upper Court be made the judgment OF this
Court Ii that had been done, he was ready to pro-
coed with another matter.
The remittnr was then filed by the Dsrict-A Attorney.
Mr. Ashmead desired that the matter should be re-
mtted to the Oyer and Terminer, az was important
20 the rights of this prisoner that such course should
be taken. He wanted it RENTED to there, as that
Court had the right TO hear motion for new trial.
and as be had discovered some new evidence OF ma
teria character which would go far TO show that the
prisoner was innocent Of the charge against him. Mr.
Ashmead read an affidavit made by Stephens, which
set forth the facts stated by MIR. AshmeRd.
An affidavit by Thomas V. Patterson was read
allowing that he was the antor of the college where
the ANALYSIS of the body Of Mrs Stephens was MADE
AZ the time there were some twenty boys IN tne cor
-. bara In a VyOr
knev ANYTHING of the New-York College was aware
that il was saturated with arsenic from top TO bottom.
The deponent took down the names OF sixteen persons
who had right TO enter the place where the Analysis
took place, and who were permitted TO be present;
The animals belonging 70 deIOnent were daily poisoned
by the sops thrown from the rooms OF the college
Mr. Ashmead claimed new trial under the ruling IN
ahe case Of Cal ceui which It was held by the Court
al Appeals that they could not hear the motion for
new trial ON the ground that 1t was an original one;
He contended that this ruling by implication would
allow the question 10 be presented 10 INC OVui' Vi
Judge Roosevelt said that in the Of the China
man. Appo the Court held that motion Tor new
trial could not be made in Court OF Oyer and Ter
miner subsequent to the one at which the tral TOOK
place.
Mr. Ashmead said that the question in Appo's CO 70
was now pending in the Court of Appeals, and II
would be a most unjust act 10 launch tins prisoner
into eternity when there possibility that the
ruling in the case of Apo should be reversed IN the
higher Court.
lowed by law would be granted to the prisoner.
The Dislrct-AttOrney said he would Ike TO have the
original adays II tins motion were 10 be considered
Judge Sutherland remarked that he regarded the
motion of Mr.. Ashmead addressed TO tins Court,
and not to the Court of Oyer and Terminer. He was
of the opinion that 1t was TO this Court motion for a
now trial should be made. Tue Court bad listened
with deepest feeling 10 the appeals Of the counsel ana
were inclined TO mete out strcest justice. This eyl-
dence spoken of by the defendants counsel the Court
regarded impeaehng evidence, and not newly dis
covered.
After some further discussion the Court concluded
10 pass sentence. Stephens stood up, and the presiding
Justice poke as follows:
JANIS srEPHENs Il again becomes painful duty for the
thri time pass the which the law pre-
sebes Tor the crime (which you were some months since
ny administering to her under color Of food medicine
deadly poison found in her remains when dsn'erred year
labodous and minute scientific analysis, all tending IN
sssS S Ss ind Of the chemists who cOadac,sG
the experiment, or In the minds o. TIE Jury wao
che effect Of arsenic Aer trial OF 1eary three weeks daa
on yoV und suiy Of having deliberately saals.esa
ths Copr Of Oyer and TeTaner for new s Failing IA mat
the teur aud ssan with like result om the Supreme
Court to The Court Of APPes Your original sentence DAVIS
force whatever doubts have been suggested by you
sos SS Others II y Ss9s % s 30 ss IS sP ss Which
abe Court in the Presen, stage Of The preeeeans Pemse
resns 20 u but inevitable duty Of appointing day
f0I purpose and Of ssuins the fatal warrant which makes
The warrant was then signed and read to the prison
err directing that he be executed the Sd day Of Feb
ruary next
The prisoner heard the sentence and the reading Of
the death warrant, and showed but few signs Of emo
ton.
DECISIONS.
The presiding Justice said there were several cases
that had argued IA which the Court not
hs upon oonclnons but written opinions bad
not been prepared In consequence OF want OF time ne tneh AZ
nogreed The following DECISIONS r,,,. Oh
Toe People &C. The Rector, &c. OF Trinity Oharch-
judgment nou-sut affirmed IN both with costs
Alexander duncan ag StantonIud reversed
and new Ua ordered costs 70 abide the event
Before Justices ROOSEVELT, CLNNNk, and 81
John ID. Van Buren agt John h. Dash.-AIi tne
pats Of the Judgment which aPPeaed hon FeVeE'ed inc
judgment in other Iespests modified
Before Justices ROOSEVELT, SUTHERLAND and iSSHAhAN
samuel q. Ogden agt. George III. EIery.--Judg-
msni for plaiptd.
John p. Treadwell AIT. Myndert Van Schsick.-
Judenent dolving the injunction aud dismng the com
p.alnt, All med with costs
III. LYMAN Powers AT. VIM. p. Earle.-The iniunc-
ton IN this being merely provisional and the question hav
ing been already twice passed uponcnes By the Jadge who
entered g. Ad then fall hesTBg OF both sides by another
Jadr whe continued shOuid be len to stand I'LL the hnA de-
cree.
Charles Brody sgt. Edward Beknap.-order APP
pealed nom modified
John Cailry agt. David Ryan; George Ryan sgt.
David Ryea0odgDents vacated snd orders appealed to
TesssS.