New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-05-29
LAW INTELLIGENCE
UNITED STATES CIRCUIT CoURT-sar a'.-Bsfore
Judges HELsoy and sKALLEY.
THE CASE OF ALBERT W. HicKs-APPLIcArioN Ioh
POsTPONEMENT.


Judges SELsoy and sEALLET.
THE CASE OF ALBERT w. HIcKs--APPLIcATIoS FOR
PosTPosEYEsT.
Tbis morning Mr.. Sayles in behalf Of Albert W.
Hicks the convicted pirate applied for pospouenent til to-
Of argument the motion arrest OF Judgment
the ground that MI Graves the senior eounse Of the p
oner out Of town
Judge Nelson said he could not hear the motion at all "ne"
brought today he had other engagements for the re-
msinder Of the week
Judge snsey said he desired TO have Judge Nelson with him
to hear the argument sud he sitting clone he would not
feel inclined b. grant further delay. He had previously "co
accommodated the psoners counsel and he thought
uroper 10 deny this appica;on.
Judge proposed to up motion In another case
which would occupy hour two which the motion in
this case mus. heard This adopted During TIE
uroceedngs the prisoner In His conduct was the
same previous occasions He manifested the utost In
difference The deseiy crowded with specta
tors making Il very uncomfortable
Mr. sayes In the absence Of his colleague
gued the motion Ia behalf Of the prisoner ErJudse Roose-
welt the Di;rictAoney replied for the Goyernmsn' and
the Court reserved It's decision.
srrpRFmF coURT-GEsrEsL TxKx-ALBAsY.-Before
Justices wnsHT, HoeEsooM and GOULD,
IMPORTANT Observation-Disclosures LIABILITY OF
PRESIDENTS AND CASHIERS OF BANKS FOR FALSE
PUBLISHED STATEMENT or THEIR Condition.
Morse sgt Msxon aud Fritz 80
This was an acton brought ~ P.e.SsSt and cssT q
the Mohawk Bank Of Schenectady indiydosiy ,sxo A. A.
Th.
PENDANTS a. and Cashier made and Published verified
staten ent re9fied by law 70 D. done the county
liabilities that day stating asa part Of the former Due
The ustT furhr siesed that .. was false item and
kuOwnso the defendants be s that o'tesd o. there beng
due from other bsnhs tis Ss ~ there wa. IN ae o.
Bsnk due from the Mohawk Bank he plaintiff clsimed that
all who and who become purchaser. Of the stock
That had the been tue The stock OF the Bank would
have been worth par but berg false was IN fact worth
the dollar Lst being deceived By the state
third person and claimed audgment against the dsndants M
dyiduay by OF the false report for the difference be-
the par value Of the stock and its value at the rate OF
To the conpnt the defendants demurred grounds.
secondly that did the. bank necessary party de-
PENDANT On the argument Of the demurrer Judge Ro.etns
ant. being with official duty BY statute BOT
EsS S @ eaSf u tss and the duty Of The a.
officers bank pubh the statement for the infor
From this The Pnt appealed the General Term
where in December last the appeal was argued before
York and exJudse Wright Of Schenectady for plaintiff and
William A. Beach Troy and Judge Mitchell Schenectady
The General Term has JUS, decided appeal reversing The
Eoans the liable S tie transcript
Before Justices ISsRAaAs, MuILIs, and LEONARD
At the opening Of the Court, Judge lng aham stated
that further in any cause would be hear tai. tenn,
Inc presiding 1oes "a u aq se = aosebr so re
DELINQUENT ATTORNEY.
Mr. Henry A. Mott addressed the Court observing
that be desired proceed with order TO show why
Stephen Maroon should rot be stricken from tue roll Of ator-
ney this The papers and order in the ned been
Mr. Msrcon and he Mott ready to proceed
Mr.. Ieix Hart appeared counsel for Dir. Marcou lie
the moon the bad been
served at late hour Friday and they had not had
opportunity the charges presented BY the adsv on
the other side. -
The Court per Justice Ipgrshsm granted adjournment till
Thursday next. at the opening Of the Court.
The Court then adjourned til Thursday, at 10 m.
CHaxBERs-MAY 2c--Before Justice LEONARD.
DECISIONS.
Major Thompson at. Ro ,ert Sherrard.-The order
improperly II merely renders effective the
prior appointing Receiver which obtained notice.
The acted thin the his authority proceed
ing compel the Notice OF the application
unnecessary. Motion denied.
The Same agt. The Same.-NcCOy must attorn TO
the Receiver win then be condition 10 tn him out for
non payment Attachment issue osilabe In szO
Same agt. Same.-Auachment To issue, bailabie IN
5000 refusing attor and for violence used the Re