New-York daily tribune., 1859-06-06
Id W M7ELLIGENCE.


I In.tices Rcc>ryFtr SVrNrstkNo snd Lorr
/ JANIS srTPHrSs RxsESrEscsp TO pksrH.
The People &C. FAE,is. In Errr at Jsmes s.epAess De-
/ fra1 IN Error.
The Court rende red decision on the writ Of srrs,
afruir the jusgmen, Of the Count Of Oyer and Ter
miner. The following the cooclusions arrived st,
T l. TT, Jusiice.-Aer fun and careful eysmin siioa
Il Ls Art he authorities cited By counsel sided ~ tss
he C- hs, .rrlVed So ~irs eOneloa.;
m f% =, sr ". ., s1 e. A es Of s s. .os d IT, r'sss MIA:
q iSe p'Sas Pvna separation of iAc jar, dafAx ~
Sersaa The s.ssut q The p.rsr -rsnfsn svss
sven - ne q sAs eSs, sevs nos sita,s es issrs
TAsS NJ sGud E setting ASIDE ,As verdict for zsssaass
Fos,r The rsi,.ef,se cOur, is,o. en- sas~s, ss.i.
ii. ~,n. s,ephrns on the sPPs'on q ,s- reer. eesss
u,r, Lsa e.r made ey counsel the p-pe ts. rsis-
our and by thu Court not sae, the verdict
TiA The rrree q tn. prisoner in cOo during sAs ssi =
.aNsi siertly shown ey the rs,ord.
20 h- ssissly rjeo,on cf esssene- are .,ssse :.
os.or. pa, c he wia-. John Pslu.a saelaa
oi the r-I-r bvrr Iuds- W-sh vel ssken q tee
d1eD y sss.e PAR. And Sy the ssi q ,s- rs As,s.y,
rn,de While the witns Paln.D I'll, in Court and sf,ss
Yrcpouudsd BY dn him. bi which had beea sasuasA
ty he Court might the witness aud BY A
SreaA None Il The eaeeP'ioo. the charge Of'Ae Jsas
his r,tss to charge as requested, 81. wei tskro
EisA None Of the reason. ,..'Encd either a< nes ss
ci juSsneut. sufficient, and the notions ssss-
IT, r,s ,f,t,orr /. that the jadsmen, mu., b. ssrmsx
OF rrs. n. that will b. fully given At sao,h.r time
The District Attorney asked petition tor writ e
hsbees corpus 10 give the prisoner Stephens into the
custody of the Sheriff
Judge Roosevelt said that the prisoner was aresdy
in court
The Ds,rict.Attorney said the motion was necessary
under the statute to 20 through the form.
Mr. Ashmead remarked that IL was 50 supremey n.
dicuous To ask for of habeas corpus to brios
party into who is already present that he did nsS
wish to at here and coun,euance II.
TIE Court sand IL was IN pursuance ot the StatutS,
And can do harm.
The Sheriff made an immediate return Of the writ.
TIE Distrct-AuoIney moved for sentence On Jancs
s ephens.
Mr. Ashmead said that he requested by tho pris-
oner to state to the question why sentence u
death should not be pronounced against hin he replied
that the Jury who tired him IN the Oyer AMI Irmner
were permitted separate during his trial and mngo
with their fellow citizens, which he il advised by hs
counsel a Illegal and invalid aud sufficient to set aside
the verdict sganst him; AMI he desires that this ressca
in arres, of Judgment may be filed with the Clerk.
Justice Roosevelt then briefly sentenced the prs pnef,
saving that the sentence pronounced by the Court u
over and Termiuer should be carried into execution ~
the g2d OF july next. between the hours OF nine in the
forenoon aud thTee in che afternoon The death war;
rant read by the Clerk, ami the prisoner
Quoted TO his seat.
cAsE OF JAMES GLASS.
In this case the Cont denied the motion of the Die
Attorney to change the They think tAst
there will be difficulty IN obtaining jury to try the
case agau aud they therefore send the prisoner back
for trial in the Count OF oyer and Terminer.
C,sE or JANIS SHEPPARD.
A writ of habeas corpus issued to bring the body
of James Sheppard before the Court. Sheppard was
convicted before Recorder smith, in the Court OF Gea
era Sessions for setting fire 10 his house, by which bis
wife was burned to death.
y suggestion OF Justice Roosevelt the return OF the
wrt to be allowed in this was set over TILL next
week So that the Court would be so constituted that
two Of the Judges who heard the argument in the writ
of error should be present
ROBBERY.
In the case of Christan kalb, who was convicted
of stealing eight hundred dollar notes OF the Me-
cbauics and Manufacturers Banf of Plladelpha, asd
who il serving sentence in the state Prison, exception
was taken by hi, counsel tina, there was 90 proof o.
the existence of any such bank, and thai II tho paper
WAS stolen there was no value proved IN them Au~
the csse was closed IN the Court ot General Ssssosss
the District Attorney permitted TO examine W.T.
nesses in regard to the existence Of the bank and tho
value of ts paper which was excepted To by DEFEND
ants counsel
was correct and ordered 1t to be affirmed.
DECISION.
Amasa Foster agt. ". X. Prince.-Appeal dis
missed, with $40 cost..
CH,NBrss-Beore Judge srrnEaIAso
THE rIccoLosIsi IN oorsr-vpEr savx wtruoSr
PArISo rHEiR BOARD BILL.
tlss!eA n C-se sst Wa. tsh
The plaintiff is proprietor of the Everett Houss.
where the Piccolou,ni have been staying during tho
pact four weeks The deiesdan is Mr.. Luni-
leys agent, and accompanied the Piccolomu
in their travels through the South. To-day tho
plaintiff made an affidavit that the defendant
was about 10 leave the country without settling
with him on account Of board aud lodging furnished 10
the PccOonni at the Everett lI0use, aud that he had
moneys in bis possession than sufficient 10 pay
the indeb ednoss but refused 10 do so.
IL appears tha, the whole claim amounts to about
Al OO for the board ot persons for four weeks.
Justice Sutherland granted order of arrest baiablo
in Al 500 upon ~hch the defendant was arrested and
incsicerated prsoD. On Monday, Mr. T. II. Rodmaa
will move TO discharge the order OF arrest.
DECISIONS.
Tn 70 ba EOhth Ayenua iauk. Of reference
granted ,
Whalen agt Hennessy.-Certiorar allowed.
In re petition of H. ). Deegan, for appointment of
General Guardian Report confirmed and order tor sppoiusmsst
: Harmon X. Wells ct al; ag'. ID. w. Purdy ct al
Form of judFment not spproyedo ot
Gerardus DE Forrest agt John DongaD.-M0tion
order Of granted without costs ~ either party
DIVORCES.
jonathan d. Howell agt. Maria Howell.-Report II
20 aliniouy oonGrmsd ant ordered sccordinsiy.
Jonathan Gee agf. Mary I. Gee.-Report confirmed,
SPECIAL TEaa-Befors Justice IsGsAsAs.
The Lexington and Darville Railroad Company
.s John q Br9ynJspnsnt lI tAs plaintiffs. snS ,ssnss
Of the defendant fOr the plaintiff are aepah
THEW wEsrwAsnIsGIos ntRKEr DISPUTE.
Notice was given some days since, directed 10 tho
Corporation Counsel and Attorney 0enrral rfemsio BY Taylor
BnaD, for application 70 u. supreme Court 2 dnees
Of money hs hands fr Taylor Breaan Tn. .moaat
/. between $500 and s1oooo This morning Mr. sa.,sed,
that ayT BeDan d.m-d their motion, thsir
tho Receiver holds f tho prssns TO sae fund
SUPERIOR COURT-sP,cIAL TEhS-JuH A-BsEcs
Judge BoswOsTH-DgcIsoSs
Garret 8. Mott agt. The Hudson RIVER Ralrosd 20.
Before Justice HogSs.S.
John s. Patterson agt Samuel Perry ct a--CHs
Angelina Amory agt. James Amory. -Commissionee
sTewedj stay sf gToesedior d,nled n W., n az
10