New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-02-25
SUPREME COURT-CBAxBERs-F 2.-before |asaos
LEONARD.
THE wALTog-MATTHEws MURDER.
In the Matter Of the Habes. Corpus the Discharge Of Charles
Iah.


THE wALToS-aATTHEws MURDER.
In the Matter Of the HsOe;; cGIgu. sOr the Discharge Of 0n's
The application of Charles Jeferds for release from
Sesn pabshed The following Is the opinion Of Judge
bras his view, on the meis Of the application: o, ooo
on he wss Of the Coroner CHARGED on the finding Of the
Corone Jury with having caused the death Of John Walton
An Indictment against Jeaers wa. found the Oyer
miner BY the Grand Jury October 49, 1860 for the murder Of
The has been confined in close custody since his
commitment by and other for that pur
Two regular terms Of the Oyer and Tener have been held
t county since the Term at which the Indictment vas
found and Term addition by special o. the
the trial % b., mot I ss.
urge it on at every term of the Court =, -. ux.,,
delay which has occurred nearly eighth months since his
Imprisonment commenced. CT. ,o.,,,v.I
il Is PROVIDED BY the r. g. part chap title a. that
.ons which may be tried in of Oyer and Tefniner
and committed to prison whose L shall not have been post
the ard Temner which shall be held the county
be entitled to be The oaense for
The case of ee s appears be clearly within the ermoi
this section lie prisons bss not applied for aposponenent
of b. trial and regular Of the Court have been held
In the county since the Indictment was found:
The cos the People reply that is the Oyer and Ter
miner only that eau 10 that cGs 'hS last and 6
duplication there denied that the Supreme Court 81 Special
Term where the 70 ne PeDs and by
the denial Of The application in December Last Should oe
deemed by the Special Term addto even this o0u pos
viii be observed that the section Of the statute referred to
whatever grant their discharge The provision Is that the
prisoner shall be entitled to be di,chTged" r, i,
sues Kim speedy trial ia conformity with the nigh. sasran
teed BY the nptiOn Of the United States &, D, ,ro,.+
One Of the objects Of the writ OF habeas corpus 20 pr9e
every person In the enjoyment Of hi. liberty nne NJ
fully resane3 Of IT, The granting that writ enoined upon
NJ
When writ .snted and the prisoner Ia. been orops
before him there exception BY lay a, the power o. the
Justice to set prisoner at liberty it appear that he I'M
The NEXT section 4, also explanatory the Court which
secion thirty two pr6viie as follows "If .st,cory
application ,ha be made under the las. section r OBTAINING
such prisoner IN custody or upon O until sS is Se e
prisoner or shall hold him 10 may require
1 sseS Court. ceP s sSs' Oyer S
reference would not be inside In the law 10 any
Il DE rsht Of the prisoner demand and have 'pe,dy
tia, Il is bis fight to have hi. Trial the next term o. the
~ b a'i H. pa hen breush to dial he L entitled dis
charged unless the District Attorney show asctoy cause i0l
OBTAINING him until the next string Of the Court. -;
The decision Of the Judge sh9 hra ,ne $40 no, bnas
the accused that but answer foT not
having brought him to trial at the term winch was neo " 1D
be pobe th. denial Of an application to BE- . Or,
had hen occurred than statute permits will bar an spheA
the ground amer another TERM subsequently Tue
former application, has espsd
sb. fore hold that there 10 legal reason e1iungwhy
The application should not be entertained or why
should not granted far authority or nTisceuo
hs, questioned Justice Of the Supreme Court sitting
Special Term. -, -----,.- T.. -.
OBTAINING the phi. except that special Term OF Tue 't
the Governor 2h OF February instant a. which Term
the tra Of the prisoner will he alleges De brought on
The short tin which will eapse before tat Court VII e
Organized the nifty # the otense win "hlc the pms
oer stands indicted induce me 10 regard the eeuse ased IS
detzin 'e poer IN custody Until the sitting o. sara
Special Term Of the Court Of OjeT and !ernmef'
b b.n en.wed n the accused should bAye been brought TO
trial. ---,
A Daley Hall for motion: n. J. Waterbury opposed
Feb Z3-BefoTe Justice LEONAKD.
DECISIONS.
The People ex rel. Joseph III. West agt. GustavGs
W. Smith, Gc.-Motion denied ~
Tn. People eI Town'ead sg Samuel JeekSon-Dchsse