New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-03-19

Z
prisoner.
On Tuesday Mr.. Lott the NRr.hals Clerk, who is
DOW in Railway, viii make statement 10 the Court
Of the manner in which the order was obtained from
him by Callsghan.
SUPREME COuRT-GESTn,I fsRS-Msrch ia.-Bs.ors
Jus!ces CLEREk, SUTHERLAND, and lSGRaHAs
CASE on BILLY HULLIGAs DECIDED-A INV TRIAL
ORDERED.
The COurt NE. pursuant 10 adjournment, and rem
dered dccisions The fret case decided was that Of
the People agi Wm Nulligan, argued before Justices
Clerke Sutherland aud Ingraham. The Court ordered
the judgment Of the Oyer and Teminer to be reversed
aud granted "a lew trial. The Disrict-AttOrney will
carry the case up to the Court Of Appeals. In tho
meantime Mulligan will be liberated and an arplica-
don made to admi. him to bail The following is the
oIiniOn in tie case
e,r le.dsd Pistol olive with !o,en 20 l him
sSS , s .or 70 ~. 30 sosss @ Court
Severn question, sri,e exception 70 he iun ard dees.
VII y, !. lscc..sry ooa.asi brethren With
me- spSs iss @'. a.,s R,S,sSss ,sp s o. which
koy o.. p.ssy .ts S:hI s. Iop,d 90. e. M s sda,.
By nory Not ls.yins ggsasa9s Of The Tsaos.s MoIpsy
p.esr,d The s,.snd.9es Of Oliver gho w hs rels.
S S, he s S IL. ss nd
advanced ,n tooi nom ii, poeis loaded pistol and a,ed
3 G.'s 1 ~. sr ps b. fsSd 90 him .1.seSd
'Ord s III: p;0 -i ~, no; 70, S r. ..Ia.
the Law and ret liable 70 siIs BY he on 's ,sd there
NOV, he pii.on.l io tie bOue Oliver lot Ia the as Of
hi duty member Of the poioe Tbs house was public
.gr.d Tor play aide the license implied from the cha.
the house the .sEai permission before gv,o 70 the
preu him 10 Il any sd al times until the
hoess. .Loud he rTeisd He vas not therefore,
guilty breach By entering the house Al the tine Of tee a.
legged .aa Bat tho oeuss rsvocabe a. the pieonrs Of
III. propeto and when sveied be could neither July e.
ter remain upon the preubss -
hot~IIh.9ins the nlsg and oHrhhys et.i,'isr Of tbs
10 had ks right ntru3c hem sgsn,t the whes
The business Of u. house vel the house itself Under the
pfo,,cOn Of the law ard the proprietor, emitted TO The na Of
s il.a q .agIre...as T. Ard a. .ase'us; p;.ys.,,s
t.e.ts o. H. pe.es and vi,,,ion o. tss I'D
:sisa TAS1, AID .ais u; order. Of b;
Captain Daks hs would have isp within the exact Hue 81 his
B,seb, Of the p.scs resulted smo.. seoe.sy rom The
character Of those who drawn 10y the attraction 81
the place .d The bushes. q The hoa. s nS.ry n's on.
e.s bat for eys yice .ng cs tLa ine ne Sn,
70 erf,Ie vito thoge guilty VI any ofenss and
p wss wa The i.epe q the hoa.s .y
70 He va. ersny usss bis oice asa shield iot pup
YOU that this l. gambn houyou bad oesiei attend 70
IBIS .G 20 Me-, me- 's so' .ss md s s sfs. aS Sss
duty oerns, would have been committed BY the prisoner
and e.: soei lon .:es not have been had III.
gaming houses but they not bound to their iesns
S i ~. San a Ss s os
saoh hss 40 authority to win % nos: 'ns
tie suhoy had . the servant q horh,s-y the pro
pdc,o of u. hca, ,geh b. could d0ns At b: reaas
tie trfa's OF the prisoner TO leave the upon pc.ng
faessd so 70 DO he could have removed him using Jus, ns
The prisoner could not bsye b,en indicted io Iesns
eee vent beyond 81. d.ty q. such In attempting to !.
ih. prisoner. and not, theeiois within the r't- on
But servant Of Morr.ssy and aching him he had
sht to ney. 's pr.Sps .d ., 40 question s.Is %
sie Ion to the degree q 0ree uIed by the on
Ger n TIE expulsion Of the Pt'oner The p9ciP. sgG Oby
Which the p convicted and that question was directly
,senisd ~ request u ha piso9sr' g bs Court 70
sr.os wa. no; an 10 d.csr which
5 1 b 20 a.. .1S a lHs The Evidence Whether s sct
s o. T not 81 ssp to as Contested declare
that every person who shall be convicted OF shooting st
Ni t he n t y Iii mann 20 Ss .hs be punished
;, 20 bee s and tls question presented rhethers con
iae usl indicted proceeded father toward scuAl
discharge shooting and point ,b. pistol uncoehed
cock ,ks pi,io OF 10 PIN ~ iir and the jury would sve
be.n warranted " hBds thu, the prisoner merely raised the
before stated Tho inuchn was properly astrd of upon
tie yGsLoe Tho threat constituted pat OF tbe stten 70
disehre tie p'to andwS' only evidence OF the intention Oh
tb. prisoner.
ito quoted does not deolr. that every who
shA ssmp 70 shoot At al OTHER punished upon
conviction b.r,in prescribed but that every person who
be punsksd kc evidently indicating Tia, The attempt tho
preparatory = the YIePl act prohibited mus! be po.iIAie
The sGn Or Oflsi eGm. be statute .im.d
ID. ssS sSnyi..n o[ a. s ~s IN he !.
hand and jet male attempt to discharge H. and would not DO