New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-29

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Nv Of b au'y .nt If is rIondbhie- 'H't Inc
@ no. even cr be- thu; ~ ihus pr'Judsne cAse
shout 10 tried before him. and, s no'e ia SEEKING 10 per
=, the ~ "a i9rcl lie uis h1srsht OUTRAGE "ha
security hs s,gte asaial the repeated and rou"uo's
us'es-ane To- ce 81 nch uasi'taie b. h'' There -
rc,nedy indeed, by impeachment; but DO" long must we
wait COR Il
Ia.orooatoy Sece,di not id yoa ~1..e in manuscript
,hiyd-If not did you the samc IN manu-
s,Ipt. or 81 Troof before II was Pahh,ied' ...
Jg,,CrgI6,n ,er,t1t not you not The respon'
sihc aG,o Tue iRIBrSK Oh thc I+th day OF AiI ~
XII ..i ,..,.r do Won. SNOW who j. the author or
writer o. composer eoi did you not know thai was
ias,S qI'r,g sylf you The said author or writer
NM Cont .,rs. within IT, own knowledge That The follow
ing i con and m Of The matter alleged 10 Oe "
ported M the pghlcaiicn Aforesaid
The District, Acrney having stated in open corT tna'
ibis would not he for ooptm ,; .s NO,
cgsc or capital conviction and that he would be Ionle
uror" And che Court states ihst tc ~. ~ ferroga.
or 6c,i /, the meter claims and accuses TO DC Fo
accurate. . 80
the Cont and of ali the foregoing inquiries aegao
answer to make regarding the said snee, HS
Of the foTeg inquiries and OF the sad ecens"0h
| n 80 please sate the fully az you desire ,
In putting this interoqaory the Court expressly dscsn
teI of r.por end not Guided la the aforesaid brackets
copy OF the oder 81 tle Conit anu OF 49,
on Tie. HENRY NANphHNoo'i'
ON Monday. April %. Mr. Williams applied To- jus.
tice Marvin at special term Of the Supreme Court 10
prohibit the Court Of oyer and Terniner from further
proccednr in the matter Of the alleged contempt Of
Horace Greeley until the next General Term oi the
Count aud "a show why perpetual prchDitloh
should not then issue ,,.a,;,.
City and County or Ne6 York, s-John g. shaw being
duly ,worn deposes and says, that he has read IN the
pubc papers and verify believes that on the l2'h day
Of Ay instant one James H. Nixon sraigned at the
Cont Of Oyer end Terne then being holden in and for the
said City Of New York before the Hon George {" Barnard
Justice Of the said Court indictment Heretofore
found the Grand Jury Of the said city for the wlu nun
der ol one William II. Brown.
That in certain uewspaper published in the laid City Of
New Yors called The Erening EZpras and ia the issue Of
the newspaper for the evening Of the aid 18th dey o.
Ap there appeared report of the proceedings OF the d
Court yer and Teruuer the trial Of the aid James H.
Nixon which said report contained The mater follow
ing, that is TO say:
q" A Juror with conscientious scruplef
AT this junc;ure the Jurors and said that il
this was Of murder he could not sit on the Jury be
having conseen,ou, cIUpes against capital punishment"
The Judge stated that the lad applied 90 him and
stated his scrupes and that be had taken the responsibility
OF saying that this would not De capital case.
That further appeared from the report Published 10 The
said new spaper called The Eronia9 E-pyo tSt not~
standing the statement reported have been made
by the Hon. George G. Barnard, the Judge bold
ing sad Cont oyer and Termiuer, that the said
would not BE- capital case the counsel who prosecuted the
same on tho part Of people declined to proceed with the
isl Of the indictment with the juror whose scrupes against
capital punishment lad been declared, End required that
jury should cpauneed and for he trs Of
the ssd James Ii. Nixon upon the sad charge o. wia!
| murder.
That further appear. hy the pub,hed reports Of The pro
oecdua the ,a Of the laid james H. Nixon 'be 4h
day Of April the counsel for the prosecution opened the
for the people the Jury against The aid nixon - ca"
of wfa murder and pressed therea r the conviction o.
the aid Nixon ior the capital felony.
That report the proceedings of the said Court Of
and Termner the trial Of the aid James H. Nixon apon
the said I2,h day Of April Published by the Newspaper called
TIM NAVY TRIBUNE the 18Th day Of April in the
words and hsGres lOllosih that il to say:
court OF OYER AND TERMIEER-ArnL n
| Before Justice BARNARD.
{" THE PEwTER@UG MURDER CASE.
- No Jury.
People at. james H. Nixon.
This interesting case was the special order Tor
today but the Court though extra panel Of petit juror
was ordered lat night unable obtain JuTy this
case and g n al ouriuueut taken to Thursday.
There remains but Juror 20 be obtained. Attorney
General Cochrunc appeared with the Assistant Dre; Aor
ney for the prosecution. Mr Clinton for the defense
That the 18th day Of April there appescd the issue Of
the said aforementioned paper Of that dat editorial article
"a copy Of which forth IN tho FIRST intorsto here
snneIed, commenting upon the conduct Of the Hon
George g. Bernard the Judge holding tie laid Court Of Oyer
and Terue in relation the statement reported have
been made by him. the represented By the pub
shed report Of the proceedings IN the Of The sid Nixon
upon the said l2th day Of April contained in The E'eH'Ho
Eypr Of that day herenbejore set forth direct refer
having been made to the language Of the ssd report
the editorial article OF The TRIBUNE, before referred to-
That the 18th day Of April the said Hon George q.
Barnard appears by the reports published in all III. morning
papers Of the following day to have stated la the sad Court Of
Oyer and Terner that amer consultation with the
judges a number OF prominent Of community
had been deemed Advisable 10 order etumabo
Wednesday next sgsind the editor and proprietor Of THK
NswYoRX TRIBUNE 20 show Why they should not be
punished for contempt for the false ns
libel contained in Tharsdsys paper me anng deponen,
believes the said editorial article published in the NEW
TRIBUNE ofthe Ih dsy Of April IN regard the Withdrawal
Of a Juror in d capital CASE
That, A. deponen, ia informed and beieve.
paper purpofi1g 10 be order by the ssd
George q. Barnard, Justice aforesaid, to show
to show cause on Wednesday the 2oh day Of April why he
should no, be proceeded against for contempt the pubs
ton Of and grossly inaccurate report Of the proceedings
in the said Court Of Oyer and Tiner IN the Issue Of Thurs
day the 18th day Of April 1864 Of said newspaper Tnx NV
YORK TRIBrSK the 10th day Of April, served upon
Horace Greeley Of the City and County Of which
said order 10 show cause was in the and figures follow
ing, that Is to say;
Court Of Oyer and Tennine5 holden in and for the
City and County Of NewYok at the City Hall Of che .ad
City Friday the lah day of April in tho year Of orr Lord
lsesen the Hon George O. Barnard one Of the Justice.
Of the Supreme Court Justice Of the Oyer and Teminer
Ordered that Horace Greeley. Editor and Proprietor Of
daily sev,paper called THE kKwYoRK TRIBUNE show canse
he