New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-12-03
COURT OF OYER AND TERMINER-Dec. l.-BetOrs Js..
tiee Gown.

THE CASE OF BILLY aULLIGAn.
There was an unusual crowd of spectators in the
Court this morning In anticipation that Wm. Muigan,
convicted upon Police officer Oliver with intent to
kill would be sentenced Mugan occupied his usual sea. be
side counsel Me.. Brady, Bu'teed and Phillips aud he
appeared his customary geneel apparel not excepting his
sTproschsble black kid gloves
The pistrct.Atorney moved for sentence the prisoner
Mr. Brady said this proceeding had been carried to point
where anything that should be said for stay the judgment
should be said He Understood that Mr. Phillips had called
Judge Gould residence at Troy with drst of bill Of
cepons the Judge had refused grant stay proceed
Consequently under authority OF the statute similar
application had made before Judge Of this district. who
refused ground that had been received by tho jus
ce. requesting them not to interfere in this until alter tbs
arrival Of Judge Gould " Troy
Judge Gould said that he had made such request
Re then Judge Sutherland. explaining the mistake
and applied for stay Of proceedings.
Mr. Brady sssin addressed the Court askngs poponement
Of this until the meeting Of the General Term Of
tie Supreme Court the groundshrt that matters pending
Court Oyer and Tsrmner could be taken and acted
upon another Of the Courts and second that the
prisoner had convicted charge which nobody pretended
hs bad committed There dstnc. variance between the
and the proof An Of this kind ought
sustained II would seem that consequence whether
TIE defendant legally convicted not provided public opn
.gspst him 1t the sacrifice that seemed to be
CURED The defendant ready make affidavit the fact
tina. he impOrsn, witness in expected
in short time for a in another ststes involving large
aud in which the testimony Of the defendant of the
utmost importance. All that Muisan did resist
attempt him. when he believed other
under the circumstance that he had perfect right stay
there, and that the interference uncaled for.
Mr. Anthem said hs this not proper occasion to argue
the merits Of conviction At thi, District
before smother Judge Of this Court opposing application
for Of proceedings and In bis absence be oppose the
motion here There obstacle to the granting Of Of
proceedings after sener c should be pronounced
The District Attorney and Mr. Bus,esd returned to the
and minated tina, Justice Sutherland bad refused interfere ia
the
M Brady said that Mr. Musn and himself thought that tn.
ends of jusos would be fully satisfied by imposing brief
Of Implement possible he supposed thi. would
isfy the District Attorney who desired to have record of the
judgment The Of simple assault and he did
have he slightest intention Of firing of the pistol.
The Judge ad he had conducted the trial Of this ali
fairness lis part. His power merely ministerial one
He had discretion and it lsf him only pas the
sentence which the law imposed without allowing
aids Of the have anything to do with it. The intention Of
the law that IT should extend all the community
Duing the Judges remarks he interrupted Mr. Brady
Who ssd ,hs, Mr. Mussn desired to male statement, in tho
Bunssn then stated that there conspiracy against him
BY parties no had sending him to the State Prison
prevent the exposure Of felony the facts Of which
lneun him Maissnl 1t IN reference to the win Of
Frederick OF California who was killed H dnel II he
WIS sntenced his oath would avail nothing In exposing the
forgery The will which had been admitted probate and
rertis sd the crime II these parties who
send him tho State Prisoa He had found
out hi. counsel eIJudss Phillip working Dst hin
The Jude interrupted lin by saying that Mr. Philip
of,L. Court entitled to he protssca The Court
would no, allow such language
to be excused aud asked to have the setsDes
DELAYED until lie could expose thu forgery
The Judge said that matter outside OF this and aer
w remarks upon the crime Of which the desnf
ant lad been convicted he sentenced him to the state Prison for
four Yeas and six months
lie piopsr snsr bidding Of h. iends farewell
reno, ed 10 the TonbI
A CARD FROM Nh. PHILIIPa
To As ESi,oy of Then y. Tribune
SIR; On Saturday last, while his Honor Jndge
Goud proaounens sentence upon William Aulgan whom
lad ssied defend upon than occasion, undsr
ukieh renders bis sopdust dosbly THAI
the Judge IN k sentence proossed for the
uIp.se Of Sdng justice by the revelation OF felony bat
RELY sppears TO charge upon WHOM he named
others lie did not connection with crime Lest
interfere with the desorum Of Court Of Jaee
pied With advice of professional feBds who surrounded
should be Uninterrupted and silence taken for
dt duty to myself AID TO those whose good opinion il 10
de.sls to tBJoy, that wicked eaumny
LtesHes and more angT,sul return for services whsb
have freely rendered nom the
IL misconduct does ao stain the OF uh.hankuns
lee 3, ltts kesIeeisly yours, A. A. PHILLIPS.
Tu.k. M. 4 Il.