, 1863-12-11
LAW INTELLIGENCE,
DECISION IN THE BISSELL CASE
4 PERPLE11NG QUESTION---TIIERE DtD
TIE WHEAT co TO.
HUMORS OF THE RAT

~ 1u6 WHEAT GU IDs
HUMORS OF rHE RAE
REcoRnER's CounT.-In this Court, yestera,
morning, Judge Van Baren decided the motto
madc IN the case OF "thc People Of the state
unnoas against btssel1. By counsel for defandan
mentioned In yesterday mornings TnuuEx. n
substance Of the motion was that the defender
be allowed to withdraw his exception to the ru1In
OF The Court, sustaining the demurrer to the ME
Of aHfT3ots oeqlit, originally entered bv tho II
1endanf, &nd amend the plea, the Judgment Of ~.
Fondeas oasteT not having been entered,
The Court remarked that it was absolutely ,nd3s
+ penfable 10 support Judgment against the de
fendent, that tbere should be plea on the record
As the case stood ut present there was no nea, no
even That Of not guilty But counsel for the proae
eanon 7nsisted that though the defendant mich
plead, yet he should be restricted to tho n,aa .
snot guilty" which the defence simply asked le,v
to plead generally, hut intimatine that they nm
poscdfo file special pleas.
1t had been said that in criminal cases. the ie
fepdant con1d not amend. but it is laid down !,
Chitty that party In saeh cases has r1c,t II
amend THE extract from Chitty was here ,eaf
and commented on by the Court According Il
that the Court had no doubt that he had rieht r.
allow the defendant to le special pleas, and IL as
mas peen suggested, he proposes to file an amend
eo spectal plea OF former acQuittal, he certainly
eoald nterpose no higher plea, ,or one more WORTHY
Of consideration in bar Of Indictment tban thst
ana no mere technical objections, unless absoiute,
against o,ens 1asn! to be allowed te preya
nat according to its present Impressions. without
intending, noWerel Io prejudice that point before
argument. the aequittal on the charge Of consniy
Ing to turu the bridge, could not be suecessi,,iIr
r. bur Of an Indictment for melting others to burn
So defendant was permitted to amend hi, Via.
being required however, to lie The aIaenea T nies
oy Saturday next. at4 o'clock, r. u. F&~@
UNITED STATS c1Ecu1r Counr.-Judge Drum.
in he ooWng eHs si5,ar ntae9 Soa gave decision
eehooner st. james sas loadcd with Wheat At ftis
Re11 H 1 TO &c sent to Buffalo, It was clearly proved
possibility Of doubt, thst there were mt on boaps
INC schooner At the elevators, 14,415 busheis Of
r.. n1 1ae wsigasFs ho delivery
amount With which the schooner was choreed IN On
The elevator books: At the eame time, by naina. "a
,ea ole s.a1e an, e, H., IN adi5oP he biz Of n Was
g nom On board the schooner testided that Az
Econ ae t1e schooner WIS loaded the hatchea were
% aoTn =, apd sre not removed
that when they arrived there the hold was fuii. A
s VS. When Is. hey ne In Chicago. yet when they
shgrt Of 1hs snonnt called 6r by Tie biil ofiadtne %
ard more thsn $50 bushels short Of The unsntitv,
e sss E e. r.; s Ss.ss:
m t9e f1esoon. suit Was brought By the shipper
% lTe g1de IN F. F. 9almS to recover
stolen. The testimony Of the weighers at this
ena oi no route Of the weighess at The other end
q tns @ @I9sts and Of the aeamen was equally POSI-
&c not the slightest reason TO doubt from The eyi
@ oenee. mat the LAS bushels had actually been
pni nt O. board At Chicago; that between Chicago
md that at Buffalo Il was 80 bushels
.,31 TIE cou1t II deciding the ease*e1prsssed the
lng character ofshe testimony. He eprofeseed him.
eell with The facts 1t his disposal entirely unab1e
to s be sqs whch II
D1 their eombf9ed testimony was r5dd>e that no
ErGr that The burden Of proof lay On the li5eIsnt
~ to hase established his beyond a4esson-
ion, decided TO dismiss the libel, He eridens1y
Sas tar from certain that Injustice micht nnt r.
e 1one q the decision, but il seemed the only wey
the defence. ' ''' ''0e4l1ai
HUNoRs or THE nAa.
a Dog Ccse-The attention Of Judge Van Darep
Eas occupied nearly the whole Of yesterday Ia lie
s1al q dog case. The defendan1, In : para1-
em q wrath bad rushed into the house nY fha |
aEd dragged thence dog OF tniefnite !
ixes and beaten tts brains out with q hatchet to
t nusxof q AZ me female Inmates Of the
shnrt ftnoa iofar heeEee vas TINT the dog had
pndantra 1st,a hnv Thn .ac ansct q the de-
ntly fhrnnrh scrsn how, e0es Mas u1ea peretgt-
I lie dop Rera fernrionsT ~ Gu4neet On me side
efEndani nsfhetIrsfiv oica a0 oa tae aioe ot the
reyeiIed ari the n1.gnsi H. Eot defendant
his dor mourns hre1 I'm - oF at ~ ~ loss
place his canine fayorite dozen tines. e'' 10
q. s. Cmcrrr corpr IN ,h1s .,,,,.*
attorney yeTy prominrnt nMoHo 1outs Jessetaay,
Wyete made mntfnn yrh{rh rs 1T autanait{ ! :
grant. "'oe"' 'A7 S"ose fe1used !
"A yery fmnrnner prsctira H. y | .
frAr WALL YOU |