New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-11-26
Ia " INI'ELLITE'VCE.

COURT OF OYER AND TERMINER-Nov. z4-Betore Jus.
tee GouLD.
THE o'RouRKE HOMICIDE SENTENCE OP THE
PRISONER.
John McGough was arraigned under a conviction Of
in The third degree causing the death of Patrick
ORourke reply the usual inquiry the prisoner said that
he had rven blow in self defense The deceased had been
tue sggre.sor the choking him when he
the fai al stab to protect himself from harm.
The Judge said very possible that the prisoners
meu might true but the Court had other Of
tanning the facts than the evidence taken the .ra
the misfortune the prisoner he could make these facts
appear by testimony. Under the circumssnces the Court
would sentence him to the discretion namely
years In the State Prison.
THE SENTENCE OF NULLIGAs POSTPONED.
The District-Attomey moved for sentence VIM.
Muigsn convicted s,erp, shoe, Police ocer Oliver
Muiga .itired in fashionable style aud when be took the
oath regarding his knowledge Of any mechanical trade there
visible change his He replied the inquiry Of
the Cek that he cooper by trade but that he had no.
worked At Il for some time
Mr. Brady addressed the saying that Mr. Busted the
counsel for the prisoner engaged IN the trial Of
Brooklyn and Mr. Phillips sso absent As the Court
aware he Dir Brady had taken part In the but he
confident that conviction illegal and could DO
tanned The indictment shooting Mr. Oliver With in
tent to ALL The indictment charged that the pistol dis
charged and verdict for that ofense certainly would
strike every who heard the trial and who knew the OF
the that the anybody else did pretend 10
say that pistol discharged II the jury had convicted OF
an intent attempt would have another thing
n the indictment tina; ofens The Indictment stated
explicitly that the pistol had been discharged and under such cir
cunnces the indictment. surely could no. be sustained He
would oak the COur for stay Of proceedings In order 10
for trial
The Judge said by the decision the Court OF Appeals the
Court OF Oyer and Termner could grant trial
discussion took place upon this point and the OF pro
,edns Finally Judge Gould aid that the law had nothing
yindtyeners about no haste The very fact that the
supreme power with which there contention the
pant the citizen the very why should BE- careful
70 do nothing wrong The law knew nothing Of prsudices
sgainst any individual matter what the community might
think The law convicted him and sentenced him ster rs
by his general character The Court would therefore
s iSHi ,St '''''' ~ ~
An application was made 70 admi, te prisoner ball
Judge did think the Court had tina, power ar che
party had been convicted
The application withdrawn and the matter sijocrued ~
next Saturday. buliysn rmanded 10 the Tonlbs
THE INDICTED HARBoR-sAsTERs.
IL the case of the people agt John y. Armille In
de,ed for taking illegal fees the Court rantod motion 70 ssh
the indictment The Court then adjourned
SUPREME COURT-CnaxpsRs-Nov. A-Bs;sr- Js~ios
IsGRAHAs
DECISIONS.
Uenrv G. Bowen ct al aat Daniel Marion ID. ct al.
Wilson q sgt the Motion granted on gaymest Of
co which noticed and oas btu Of costs
b SSSs SD- TT Ss sa Ssad without
| Before Justice MULLEN.
denied costs = TO- 20 he paid out Of the estate
Ffsaeis b. Baldwin sat Chstie" frAneia-Jadsueut Tor
96t IS
John ILL., Adams ast James w. smh--Judgmsat usQy pas
for the plaintiff Upon the delivery OF the assigned pobAy
the receiver proceedings the Judgment be stayed the
defendant 10 have leave TO demur 20 the complaint specifying
therein specific ground Of demurrer When such demurrer
heard proceepf. the judgment 70 b. stayed until the far
| Their order of the court, &c.
Alexander Douglas c, al sg Thomas EAsey-Relesrod 10
A. Ford eco
| Crxcv1r.-Bsfore Justice Aulxx
| CLAIe ron SALARY AID COMMISSION.
DeuaIest ast Timp.on
This action 10 recover u balance u salary