The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-06-18
Court or Appeals.


Francis Ferris The Peopl<-The plaintiff IN this
indicted tned and convicted OF the crime Of
murder In The nrst degree in the Court Of General SEES
sentenced TO death His conviction airmed in the
Supreme Court, and the prisoner brought his writ Of
10 this court He claimed that there should be
reversal Of the conviction, the ground that the
Court Of Sessions had tried him after The expiration Of
the Court had overued the challenge by the prisoner 70
the array, and that the conviction, &C., against
evidence. This court were unanimously Of the opinion
that under provisions OF the Of 1859 chapter 20
the court had full authority TO try the prisoner after the
expiration Of the third week OF It's term as the provisions
city and county Of New York. The Court also held that
irregularities drawing the jury were not such could
by any possibility have changed the persons composing
the Jury and therefore the prisoner could not have been
injured thereby for which reason such Irregularities
were not sufficient for challenge 10 the jury and
as the verdict clearly sustained by the evidence the
court affirmed the judgment Of below and
into execution.
John N. Pu kat appellant, w. Clara Leonard admin.
isratrs and survivor Of Darius W. King respondent-
executed by the firm Of H. W. King to the plaintiff.
the 9th Of October 1852 Two days after the firm
general assignment for the benefit OF their cred
itors requiring them to collect &c. and pay their
debts due or to become due against them for money
actually borrowed, including also debt s. H. Mer-
rick for flour, all payments 10 be made pro rata The
note OF the plaintiff was within the provisions OF the
assignment having been given for borrowed money
On the 1lth OF july 1853 the assignee paid plain
tins note SIT OF, and the Endorsement upon
it. This action was commenced the 10th day Of
time Of making the payment by the assignee, but
than six after tho execution Of the assign
ment This court held that the payment by the
signee In October, 1883, Of the belonging 70 the
plaintiff M his pro rata share OF the moneys collected.
under the assignment was not TO be deemed 70 be
the act Of the defendant nesate In any such sense a.
TO take the from under the statute Of limations
that payment by general assignee holding in trust
for creditors not to DO deemed be the Of the
assignor, &c Judgment was therefore affirmed, the
ground that Of action otherwise barred BY the
statute Of limitations would not be received by pay.
ment made by the assignee OF tho debtor
The Pc pie, plaintiffs in Error. Jose Gcnsals Fer
indicted with one salvador, alias Pe;cer, for tho muir
der OF Otero, In November last. He tried ut the
Kings county Oyer and Ternner In January, and con-
vcted OF murder in thu first degree The conviction
reversed at the March General ferm the ground that
the Court erred in admitting proof that the clothing
worn by the defendants the night OF the murder
found the time OF their arrest 10 be marked with
which had the appearance Of stains OF blood and in
hitting the clothes thus stained 10 DO inspected by the
witness not experts chemists, &c,
petcnt to establish the fact that the spots.
found on the clothing OF the defendants were
blood stains But this court held that the evidence
properly rcccived-that such stains found upon the
clothing person Of the party accused-had always
been recognized among the ordinary indcia OF nom-
cide that the practice OF identifying them by crcum
stana evidence and by the inspection Of witnesses and
Jurors had the sanction Of immemoria usage in all
criminal tribunals that proof Of tho character and APP
ways been regarded by the court primary and legti
mate evidences that such evidence Is In sense scc0nd
AIRY In its character that tho degree OF force 70 which u
be considered and weighed by the jury
The judgment OF tho supreme Court was reversed,
and the proceedings were RENTED 10 the supreme
Court the that they should direct the sentence -
be executed according 70 law.
Court OF Appeals Calendar.
ALBANY, June 10 1880
The day calendar for Monday June Is, embraces the