The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-06-21
THE COUNT JoAMEEs IN COURT.



Before Judge Russs !.
JUN aAAt the opening a the court tAis morsass, Ar.
Thomas W. HtsIa counsel for Mr.. John Clancy editor Of
the Leader. said he was ready 70 proceed TO trial.
Judge Russell stated that the business Of tho Cosrs was
pressing this week that II would be impossible 70 Try
the case He had conferred h the Disrics Attorney.
and no consented to set IL down for next Monday.
Count Josanes, who Is constant attendance at the
tourt, stepped for ard and satI not Colossus.
engaged 70 argue in the other court Mon.
must DO there TO argue II before Judge lardozo
Mr. FiedI don't think the motion will take over ten
minutes talt
Tue count-o, you know nothing about this; il u
another case. @N $6 @M
Mr. Fied-I know as much about the case as the gen.
tleman.
the Country brother Field Is not IN this case.
Judge Russell shall set it down for ruesday.i
The Count am Tor the people on Tuesday. t
Thus the anair ended ttN
Count J0a nmcs vs. JOnn ClaAey.
INTERESTING AFFIDAVIT OF THE PLAiNrIFr IN RE-
GARD TO HIS REslDkNcE--HE ABANDoSs BOSTON
AND DYCoMEs CITIZEN OF NEW YORK, xTo.
COURT COMMON rLRAs-cHAMBtRs
Before Judge Cardozo.
June 2o-count Joanncs appeared in court this morn
Ing, and support OF his motion to vaca.s the order
polling him TO Hle securities costs the libel suis
against John Clancy OF tho Leader presented the follow
Ing interesting sfldavn;- 10
&c ssss ra M a. III e ss
ssains. John Clancy publicly editor
Complaint for and damages therefor 1'''A1''
IA r rL.aSTIs ~ surrLxMaSraL 4s.pATr
ssy na e
that months prior to leaving the city Of
M. 70 Of The y q New
Legal sion for q eas as special and advocate
srssf ssDess rsssvsd q Boston Academy N.Y. o.
oasuS & Sa As ' A D.
bench. from GSsrs c,sisses Boston Mass, the
from which, sum total, reee,Sed nearly twelve
prior ana s o as h sg
Ssss%s. sssass; New Ssrs which city Ssa
in Boston q NY poca allegiance to the constitution Of
nf 4 :; s a .
IN s e s 81 Hsw o Be- n
ian.ucism and consequently in one week after the
q New The twentieth day Of March A. D. one
$
ss as &c already submitted 70 II
h1moy submitted n as sugges!on 70 the Honorable
Gle two sect on one, distinction is taken between
Of he aaa m T. ne
VOTE as citizens having been only four months resident
Oe dent for thirty days the district
been 0r sases n sss
ur sdciion Of this Court nearly ninety days and in
And a
about thousand dollars against the
Bee Printing Company and members Of the same for
nbe upon me and my name and the said Judgment Also
York-towit: Mr.. Horace h. Day-was an additional
reason why, when and how resols ed TO become q
resident Of the city OF New York that might
cause myself according 70 my cnssm and which cause
duly In the Superior COURT Of the city of New
back from friend. Robert D. Holmes, Esq counsellor
ltaw, Of this city, upon said arrival In the city OF New
York with Intent aforesaid be Pesicent
rcsdence would supersede the legal requirements
security Sy my ast4rney Or myself a plaintiff which facts
associate In busnessto wit William McHeay. Esq-while
the said exenpBed records with the signature Of the
Chief Justice the Clerk and the zeal of the
spectfuiy submitted TO this honorable Court, and I
nnaly depose that each days residence BY In this
principle, this atatory plea Of security for BY de
fendaut; for intend to continue residence IN this
city, Is sefevdept that long before the Limitation
ptrss far commencing libel suit shall be entitled TO
recommence thereafter. and II 10 ully submitted
the conscience Of the Court for sacrifice my oath
Already taken IN this matter by giving security when have
du sworn that am resi- lent and intend 70
within the jurisdiction Of this Court Therefore security
Is still IL sisted and granted after these additional
facts an arguments thereon then shall be compelled
apoint OF honor and the conscientious solemny Of
10 appeal be advised therein, elect nonsuit
raner and thereafter 70 begin when time shall have
justified my honor and my oath. for my revos
-SAA'' '''" : '', GEORGE The eCoUNr JoANNEs.
. 49, Plaintiff in person.
Sworn before this 10Th day Of June, 1864. TRoxAs
H Tandem Notary Public, New York city.
Judge Cardozo took the papers, and tho
afternoon rendered decision denying the motion, with
$40 costs 10 the plaintiff