New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-10-26

Ns net sj.ys In he Fl he TAXING the b, T.
cover ihs s1d and be called special n,ion Of the of I'd
The Grand Jsry then retired for eonsiershon.
SUPREME CoURT-cmerir.P.Rr -oer 5'.-Befo'e
THE PARKER vEIy ovLmssrE OF STOCK.
sbo.wpIl ast Mali and Jewet ,
This il an action 10 recover amounts paid for certain
certificates Of stock Of tbs PsrieI Vein Cos. company wn1n
par. Of the s1aule9t oys'1s Of that scs y se y, o.
p s.sa M ,ss PSs iSa the c~psay his
:h,, h: in.w Of the Sv,hs Of a 600 hs.
alleging that the Company being In ysDt o. ands zoe ~ %
issued to him and pledged for osns ioi the use Oh VI"
B ses hs. the 8 ss S9sn w .:
hssy ot hing and p.',22elog' Of .bs Company
Mor. b. Brsmba testified ths early in 1853 Mali urged hun
20 purchase ,one the stock Representing to be IN
mt s ,d s ssP0s an TIA. he new
the bgnpue ha the first was Of two thonssna ma go
sy tSsi s ssp w ssd iesP
Theodore Mead testified ha. both Mall and set ss' bss
nied to him the whole OF the overissue and ts' 'ney ~
brown it from the besinning. ....,s.,, 10 ,bs
issuing Of the in suit and to the oyer'ue OF stock
commencing in July, 1889 - ,,t.- ,hs
roeI in Sne.ion was spurious For plaintiffs M..r, Bdwe
and Dc nnick for defendants Messr OC0nor and Van Colt
SUPREME COURT-CHAnBBRs-Oct S.-Befofe JuFtice
LEONARD
DECIsIop.
Asa Gardner ct al aet. Henry +. VaGderhovs -
Motion denied 40 costs Of opposing to be costs IN 'ne ~
COURT OF OYER AND TERMINER-Oct. 25.-B,fore
Justice GOULD.
THE CASE OF gyRIGHT-ExPLANATIoS OF HIS COUNSEL.
A. the opening of the Court ex-Recorder Smi'h pro-
posed TO explain TO the Court the apparent dcrepy In thu
care Yesterday He stated tina. The dponent made msase-
that he say that the absent witness bad gone 10 %
naugt instead Of going in the steamer as the
stated Further that the person named John Welsh who was
said 10 be at the the referred to In
the affidavit but be mr. Smith understood that he had been at
the Asto House eleven instead three weeks as "a
wires sailed for New Orleans he had only to remark that
i the multitude Of statements made BY csp 70 WI"
Mr. Smith expressed bis willingness 10 amend the ah1sYl
sub,eeuentiy M Watebnry the Distrc Attorney appeared
and observed that when the motion wa made ne aa
mon when the ye ssd lie had some reading
in the papers of the burning Of the oo wne e' Id
had no knowledge inform him to the necessary a,y OF
the xb he Rsd ne d and he e
ago As that period In accordance with MS 1ptssl2n
Il e ne ss Should pp% be allied for trial
D Attorney the s s Sy Is..Sn the ,
additional sfh5avits were Necessary n.o.be
was the best evidence that unlntentonal mistake
The Judge that Mr. Smith should have until Fridy
morning 10 produce the sdayts to sustain the siivt OF az
cused snd so ordered.
THE HEssEssY ARSON CAsE-sEvERE coNNESTARY or
THE Jury SYSTEM.
The Jury in the case Of Pat;k Benpessy tried yes
te1day into court la might Tith verdict o.
EQUITY of Arson in the Third Degree h9ns the ldctnsnt
ned that the crime should be brought in arson In tho second
Iii. morning the Jury being I'll in court, his Honor
spoke TO them snd Of their verdict a. follows:
The Iu ss sfs to d
law the facts yssS sD5 ~ live to- T rsyJ Ps ysa
N iii. case The qy wsIs s, t ,c as p b n" pe
e set the ere 1t ALL the crime arson il The 'e;oni dgee
and they find BY heir fndicg him gut o. any crime
they did necessarily find that he set the FREE but h used ther
physical power decide mster OF law and override the Court
The duty of the Jury it' ke the lsw io The Co1T and
"Bo" gives them hht to ta1send the tirec1ns CIV
VT Do s and 80 far 5ey Travelled beyona the
stricton CT the Court and presumed Themselves to cohee we
law they that extent y0ed their oihs TO give verdict
MURDER IN THE sEcosD DECREE.
Edwin lIodgdon was then aced at The bar, indtsd
under or murder IN the second degree murder IN
the second being the killing without mtee
death Of the 18th of May last by st.bbg
him in the chest with kse
Hodsaon CUNT CHAM and Others ia friendly
parry tOgb when the prisoner and dGcsa1ed Of 70
grew be personal and ended the prisoner a9ens th' de
ceased from the wound caused y which a. dtad ,aet,
Ing that the dece.,ed met bis death by Sne in nis
p ie attorney Waterbury summed up for the PsoPls f..
nnse tic knife Of deceased found inmed aey
fen tske his knife out Of his pocket before he stab ani to
have the X lie in his ksnd after the stab "a. given
In charging Jury the Court maze some noticeable sug
Q, ton he said the lid c, upon the Jury TO decide
pf hat are its rules the that the Court ia Organized as
E and made the duty Of the jude 70 lay down the law
is sufficient TO how Jurys duty extends and
the arrow limit OF Jury duty compared with that OF the
Court the Judge makes mistake there are tribunals to cor
rect errors but the interests Of the People and the prisoner
may be very seriously pudced by mistake OF jury for
from decision the law there is appeal Jurors
sLcud therefor be careful doing that which they could
not undo proceed carefully possible under the in
,tuton Of Count The other points related to the conuc
ten of the relate to the oense charged on the account
The Jury then retired. , ., Fl,
verdict gter in the second degree sentence was
Al