New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-02-24

pull INT made by ths rri.oncr he uss unable DO H.
% re h,n no lesEing s hse sssinG 70 ,ns niss GO
r.. whether The prsoner before striking toe h bio
had tomed be determination to take the lte OF the De-
c~sStdl The fact, by Judgment fully sucien, to war
mt sAd conclusion be the sggressor lie used kliie
A, The blow b. gaze as beer rs,nn~d be pursued
he ihes end attempted TO Siao kby whV inter
h ed he sgsn purs"ed the deceased while runoio aud No
blow would have struck in suh place
he had detemi.ed take lite n shoTtots case the
Court OF ppcls btld under such state Of cls th
n whether the homicide jusihsbe or not c,ud
OF sr,e srd there vas 20 color even Tor 1omSS tn.
tions given TO the Jury between murder and uL-
"drsn lS sf - 1 o In he Clark "a
s which nil4r 20 this IA thsnseerei cs bstweon
be- sufficient drbeation to form design to ,ae life and 70 put
ma sryu inlo eniio oy osst nc h- J,silr
be oimed the instant OF the fatal bow OF whesnef u
Re conisu plated or mon. Il enough that The intention
pr.otos though that follows Instantly 80 also tn
the PEI pie sgi. Sullivan 70 -edou SSe 49,,
convicted Of mor3er No objection ~ss taken trial
previous heIeo, TO The fo" Of the nJom.ut motion Is
omison efae word @it6 10 the indccmoS the do
I'n Of Tie used n the 70 Ss Of
nre would be available Tie crse 10 toe Indictment rea1 AZ
Witch h.. the said Mortimer snsy in hs gq hand sud
there bad sud held him pad j. hn eay In and upon the
sice sfoetousSt did beat strike ,tsb cut wound Civ
ing unio the said John Lesy then and there win the mile
Leary ore mortal wound" &c cannot conclude that tue
on ion OF the word with" before the wores CERTAIN
Ante" IL such a defect ia sub.ts to warrant
g-ans.s this motion Tho Indictment would read so
81 srge the oaeuse those wods ineuded pren
hat the aid MoIasr Shay 1.-THE said Shay then hold
knife IL hs old stab lie and wound tue said
ts. ore.sd smorts wound Sc The o6sas- fay stated
s Ss & % h ds Elected the Sdc,nsa
sufficiently show H. not~ ihstsndips the omsos oil hs word
81 b,a 10 this case Tsy relate to csses where tho
defect charging the odense here IL merely IA relation
that sped The obection h 1eneded by
the the Indictment which chsrSs' eSpe'y th the
n fsUF
prisoner died 1t that the ohene fully charged
In the indstu ent Notwithstanding the omission oil ins WId
and besoMei srIor In matters oi ioT which Is
cured by the statute.
THE FULTON BANK CASE.
The conns ell ~ the case Of Lane not being ready TO
20 with their motion for trial the matter dosed
THE MODEL ARrisTRs.
John McCue, wbo kilej Samuel Reeves in a quarrel
rev IL out Of difficulty between their wve who model
0res and who pleaded guilty Of manssushte in the FIRST de-
Judge sid there look upon this lightly
The prisoner ves In possession OF dsns which his trade
require him The prsctee indnged in BY young
Of carrying deadly was highy rrPIehen.ole sad
sentenced State Prison for nineteen years
snd ak months
William Hutchinson, who pleaded guilty of man.
slaughter Of John Roe was brought mp for seatence
Mr.. Asbread submitted TO show iha the homicide
Of accident aud prisoner hal previously
The prisoner was sentenced to Prison Tor years
Upon taking bis seat with the Ot5sI pm bis VIE rose
from LeI seat threw neT as0uno n nee 400
who witnessed il seemed to be moved
BoT-hURDERER.
Martin Toole the boy II years of age, who pleaded
Guilty shttr in causing the death Of George W Church.
va, placed at the bar for sentence ,,,
Tie taid the ptisoner guilty heinou ofense
for bnt the majority Of cs.e that h,d come eYo5e
but pity The aied sbsr Of the pfison- probably
passed from this world before the prisoners punishment
shall have eruinstse In confederation Of his youtb other
the case the Court would shorten hat
the Enlightenment The prisoner sentenced to the
In the Of Hsry ksrpes @ the Judge decided hs! the
indictments asat,t hin should remain this Cou,t.
ExcITEnLET AMONG THE TicKET.swIsDLERs.
The Judge directed the Clerk to revoke all orders
made by detsung sentenced prsoners AZ this
meni Prank Fowler convicted Of teke* swntgg who WI"
smoug prisoners appeared be much oreen. Visions
Sing Sins Po6by appeared before hun There was, iadsed
asbi Fower counsel smith That gentle
.tsying Proceedings edy next tho case TO be argued
on MoDes, and DECIDED weenesdsy s.-,s
biz deputies squad OF the Sixth Precinct Police under
Tbepe have been Is conviction. this of the Court Of
Oyer snd eininer viz; -
Msr1snghsi let deg Eeloniooa Assault aud Bssiy
nsn'lauEbrI' I'd dss'ee'.'' rsi.e Fteen'e'
Two charged with man.ushte IN The fourth degree
bad Character and ssue,o end his do.h occ.o1ed by
jure received in falling whom knocked down By blow o.
The nat.
suPRKnE coUnr-srHoiAr TsHn-FEH. u
NOTICE.
Notes of iaue for the March Social Term Iugra-
hsn j. flied before Saturday "a ms lt must
DO stated the notes whether they axe or not deu
ouHzzIL YExN-gBB 23.-Bsfors Justices SUTHERLAND,
ALLKs and LEONARD.
CURIOUS LEGAL PROCEEDING.
Henry A. Evsr son vt al al. sg Mary Ann Given e. al
This was a motion for re-argnment OF this case,
which w.s be year There nothing Of particular inter
e.. IN the e IL worth mentioning however, that
was argued by Judge Bonuef for tbs defendants before the
udse, Of the breh q which be himself member He
nam, 10 the suit Mr. Hawley argued milton for tho
plaintiffs n, q, NJ III. p.
DECISION.
Harris Brown agt Eliza Brown.-heport confirmed,
and judsnen IN: ordered
SUPERIOR COURT SPECIAL TKRr-FEB as-Bsf0rs Jus
ticrM