New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-05-08

DEATH OF EX-JUDGE BEABDsLEf.
This afternoon, Mr.. Boardman announced 10 the
Court the death the Hon. Samuel Besrdy late Chief Justs
OF the supreme motion of Mr. Bosrdan the Court
adjourned till this morning.
The General Tenn also udourrrd
CnANBKRs--Nlay 7.-Betore Justice BoSsEE.
THE ATKINSON HABTAs CORPUS.
In re. hePetition of Fanny Atkinson.
To-day the time appointed by the Judge for his
decision in this All the parties except Capt Miller lbo
unwoD being in Court the Judge delivered written opn
but child well taken There eyd-noe
that the child restrained Of hi. liberty From oil the fact
Capt. Miller till he IVES of age to decide for himself
Mr. Mott for rrlstor; T.. b. Shaier for respondent.
Before Justice MULLIN.
THE WATROUs TEXAS LAND fRACDS.
Simon Jacob Mussina Charles Stilmsn ct sl
This came up again Last Friday, on the applica-
ton of defendants to postpone or modify an order
curing the examination of Mr. Ans Of the defendants 90
Behalf of the plaintiffs.
1t seems the plaintiffs rely upon the testimony OF the de-
enda prove the conspiracy alleged in this ease and that
appear snd be examined and that in November last be
procured order from Judge Davies permitting him togo 70
appear the 5h OF March last which he did not
90 and S Sans ,e SOe Te.Sro New
Orleans GENE TO his city for me purpose OF goas TO France on
saturday last shere h family have removed to by the steamer
Vanderbilt, and summoned TO appear and answer IN lieu o.
On Friday Mr. 10, G. Clark r defendant applied to Judge
Mun to niodfy the order requi. Mr. Angs examination 80
to permit him 10 start for Europe on SATURDAY A., ,r1
The Judge said he he'd just extended the time for the
ant Stlman examination on account OF the urgency OF nS
asked 10 grant similar favor 20 Mr.
tjIng smother deendst lie oug!t that the anxiety Of theses
avoid their examination sd become pecuhsf
He would give counsel for plaintiff, Mr. Gardner tiro
this application made without due notice TO prepare shda
Wits whether the modification asked would interfere
It'll the rights OF the plaintiffs. Subsequently, the argument
brought again. d Nh Clark for defendant cited some
authority to show that discretionary with TIE t0uIt 70
this apple and that s ion TO take Dit Anss
testimony N Europe eb be- liked which would answer all the
purpose of examination required by the order He said
that the defendant anxious TO Join hi family IN France and
in i'll health and ought not 20 De aueSted in this summary
t4I lefl ~ "A lis
Mir H. C. Gardner plaintiffs, insisted that plaintiffs wes
entitled to the examination Of Ans matter OF ryt con-
ered both by the and the code aud that the entering
order permitting defendant depart from the urisdieion
the Count would deprive the plaintiffs Of this right an9eeeL
This charge OF conspiracy and must be proved ~ Iac~
and circumstances End would be impossible TO ne
aoTies ia commission with such ingenuity a. 20 prove
circumstances, and even thar could be DONE wn.' $50
the plaintiffs compel The defendants 10
The object of the defendant delay, aud II gne tefe
remedy the witnesses' testimony was ~
his co-defenant The statute itself pointed our ~ y
upon which the summons could be- set aside ana ss decnasna
did no, intend 20 leave the State. Ills hne tlr' was
strong why the examination SHOULD P' "''ee' an"
therefore ought proceed iniiedaeiy. An, ,;o, =, a..
Tn, Judge said that paffns "shfu 'u' vi 'os
witness o, only against himself but against hls codeiendan
Tiot he was i feeble health and he went iOroad hr mighe
meyer rt1 and then there would be no remedy even M
W 1917 tricten out he being beyond tie jurisdiction o
tbs % Besides the tstute the night 10 the ehanlni
lion NOT only against the Pirty hn b"t hectng other
,iit ~ az from, the patifs The defendants application
denied b, order modified 90 have the examinations
commence this morning instead of the lisl int
Before Justice LEONARD.
THE CosGRuNg MuRDER.
Ex-Jndge Phillips, counsel tor Barney Cole indicted
with others lo the murder Of Pat Cosgoyr made
lion morning have hi, client admitted bail The que~
ion submitted To the Court sthout argument either
tide.
A. A. Phillips the motion; H. ". Allen tor the District
ittonsyl opposed