The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-02-28
Supreme Court-CensraI Term.
Before Hoa Judges Sutherland, Leonard ana AIlea.

supreme Court-Gensral Term.
Before Hoa Judges Sutherland, Leonard ana Alicia.
fHH RIVAL GAS NEUTRALITY-SUSPICIOUS. CASE
eHARrxR OF THE METROPOLITAN GAS LIGHT CON
RANY.
FEE. T.--1k People ~. JONES Boven and otAua-rhh
was motion msde by the defendants 10 dismiss appea
yrom the Special to the General Term appeared from
the papers read by COUNSEL that the late Attorney Genera
Ogden Holman, Esq, gave 70 Messrs Mcneil, Willard
pnd Anderson attorneys of this city, authority 70 bring
sut in the name Of the people, for the purpose OF testing
She ooastutionaty and validity Of the charter Of the
metropolitan Gas Light Company Of which the defendants
nre the perpetrators Such suit was brought but NOTHING
Seems 70 have been done in by either party for about
was msdc 20 Attorney General Tremains 70 iscoutnue
The suit which he refused The case was tried 1t Special
Term ana decided favor OF the defendants from which
decisioa The people appealed TO General Term
The moticn TO dismiss tho appeal was founded mainly
upon consent P.spSrng 70 be sx signed By Attorney
shat s notice Of appeal from tho Judgment in this &C.
ton heretofore served on you by Me@rs. Mcneil, Willard
served without my authority and is hereby withdrawn,
md that CONSENT necessary that the said appeal be
Mr. Eysrts opposed the motion and read an affidavit Of
one Of the attorneys originally authorized by Mr.. Ho
man TO bring the suit giving history Of the case and
the Attorney General To letter from the attorneys in
forming the Attorney General Of the deeision and that
appeal would be Immediately taken. Mr. Hammond, the
Deputy Attorney General under date Of August g. 1859.
replies that the attorneys did not seem TO be aware Of the
Attorney Generals understanding the matter at the time
his consent obtained continue the suit that il the
decision al the Special Term In favor Of the defendants
he proceeding should be discontinued there being SUBJ
appeal to be withdrawn On the 18th OF August, the
Deputy Attorney General wrote Mr. Mcneil that his he
prehensou, and that he wished TO Withdraw It, and re-
guessing the letter to be returned TO him. which done
y return mail Amer The service osthe motion papers Mr.
copy OF tho consent of the 10th Of December and
planning that 1t given without informing him that such
application had been made Mr.. Tremaine replied that
Buch consent never authorized by him. was any
such psper executed by his authority consent On the
sn h
that such consent had been given until since the
pration Of his term Of office as Attorney General,
when bis late deputy informed him that during his
ksosence from the city he had given such
stipulation. PLAINTIFFS counsel contended that the Aor
consent was unavoidable, until the authority given
Attorney General the record revoked which had
not been DONE That the Code makes the "duty OF that
officer TO prosecute these suits when Unidentified against
costs and that tho consent of the late Attorney General
not having been used acted upon, during his term of
Office new consent must be obtained from the present
new incumbent. Decision reserved
MOTION FOR NEW TRIALS IN CRIMINAL CASES.
On the Bench Hon. Judges Sutherland, (P. J Leonard
I and Bonny.
Feb 27.-In the natter o. John D. Ptromer, conciced
H granddaughter in The second dgre%-Mr. Clinton moved
FOR trial the following facts-The plaintiff In
error Twas indicted in the New York General
Sessions, in April, 1859, for the manslaught or
~ ono Charles Sturgis. This Indictment was
subsequently removed into the Oyer and Termner The
case tried In that court the 26th day OF April
as59 before Judge Davies, ana resulted in verdict q
granddaughter in the second degree. The prisoner was
baker, and jointly with the witness Schwitzgeble, kept
restaurant at SO Bowery in this city Prisoners parcu
tar department was TO superntend the kitchen, and
pecy attend the bakery connected with the estab.
| hot
tweve and one O'Clock on the morning Of the 18th Of
March, 1852 Sturgis went in there about half-psst
tweve o. clock, with one Kerrgan, and was somewhat
turbulent After committing some slight acts Of depre-
dalton, such taking up sugar bowl, tossing it up,
Kitchen; the door was bolted after pulling at it for
short time and threatening to burst II open,
girl who ss the p,ons[ he
Kitchen schwitzgcble deposed that the deceased was
There five or ten minutes then defendant afterwards
called Sturgs up drink the rest OF his beer he had
finished IL; It was standing the bar; he took Off his
hat and went into the kitchen again. in his shirt
sseeves; he in the kitchen about five minutes;
heard him srnetirr lc'" to the defendant; both
IN afihg loUa, a,sri 'endant tell him TO 60 away
hero, 100 Kern an TO go in and get his friend
s-aa eva. 81 a. r ,hen and said, II am shot,
\ san bfsrsg 1f p ess for the prosecution test.
- Is'oCa p ", dg nd said would open the door,
( se 4Ae ndant); the defendsnt was
4 ":t"s a Sis's defendant Ssss told
H r se uted nothing 70 90 with MIN;
isc aoc- came back again and said,
ua- be- no baker (meaning Pfromer);
- islo, co. ed 1t and fired"
90 court below erred In refusing
- I've the violent and ru11snly
Caale1 so in refusing to allow the
RI t aii led was in the habit Of COM
gti knives and pistols upon the
L. that kept by the prisoner;
sNs b. 10 habit Of maliciously and
INK the rrc ,erty in such restaurants, and
Re m ic6 places. The court refused to
4ce Or ery psrt thereof, to be given
A,logncy c1l ended that the verdict was
evidence sli that new trial should not
M4
- ssged
6 Rebsyd BarTy-The appea! from the
4iae defendant was sentenced 10 three
'rienf Cor assault, was submitted on both
GERS. decision reserved.
z FiCgKT NDLING CASE.
Il Ess9f fTrrt bicler-The defendant was
Ia q6 and Terminer for swindling an
leara = toEu ticket. = Elk Recorder Smith
q - 5of a sfy rial on exceptions taken in
.W Decision erved.