New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-01-10
SUPREME COURT-GENEBAL TERM-JAN. 9-Bclon
Justices LEONARD, CLERKE lNGAliAM.

SUPREME COURT-GENEBM TERM-JAN V.-Doioi0
Justices LEONARD, CLERkE, lNGRAAh' $500
SENTENCE or GEORGE wAGNIR-ATrE1Pf OF COUn-
srI TO OBTAIN A FURTHER REPRIEYE-IIIS ENE-
CUTIoN Is FINED FOR MARCH, IL !.
II will be remembered that George Wagner was
~ veyv brutal nature The evidence showed that the
prisoner on his coming home about noon OF nc 20 Jny
e5 went up stairs to his wfes room ana SEEING h0d OIL
Lcr threw her down. placed his knees between her shol
ders seized an axe and Drained her ms was IN july;
1865 The trial took place IN october Inc ucs IOlCu
former good character and affectonate relations between
the prisoner and the deceased and made sgh atenpi
10 prove insanity After his coNlctoh nc We @ ~
to be- executed in December 1865, but an appeal was
posed by his counsel and the case thus @ 70 d
present time The Court OF Appeals HlllIlheu VIC yS
nent IFS last term and RENTED the case 10 inc
YESTERDAY he was brought up before the General Term
on habeas corpus for sentence ~, - II, ,bo+ bo
Mr. A. s. Cohen, counsel for the prisoner saiu aI ~
sired o nrcscnf certain reasons why the Court could
not fix the day for the execution OF the pilsohl.
NOT fix the sentence OF the prisoner that this could only
be done by the Appellate Court G., the Court OF AP
naIIy sentenced III even the General Term nave tle
power to sentence it can only be by the members Oh o
Court who originally passed upon the subject snd not
Court differently constituted, and one Of whose members
sat the Court Of Appeals when TINS ease was before
that tribunal The decision I'm the Court OF Appeals on
this point I'm the OF Frank Ferris could have no bear
ing on the in bar There the objection was taken ar
Tor sentence and after had been executed whose
inte n T and f have set aside the sentence of the
c q" iJ In eject have ndludged this Court guilty Of
judicial murder in causing the death o f1leIy ana the
tomrt of Appeals taking this fact into considerations
might well have he,tated before reversing sentence al
ready passed but even in that the Court Of Appeals
i'm their opinion deemed the sentencing by this Court
work Of super0rogation on their part,
lie then read the following aindayit ~
sworn SAYS merchant 10 this city residing ~ No 5ji east
That he Knows George Wagner a has been constantly osng aef ana
Wagner been affected with occasional i Of crimes gl9
Wsse rendering It necessary m Wagner TO be s,rapcd down in
but on several occasions said Wagner has been unable
70 r|Ggn,e TINS asole h. has On concerned T.h sai wagner SAID
Wagner would speak TO him nationally when De W9.l s' on Ao
cocy 10 murder him pllt ~ the keepers DE also told dpo
woman vio ei 10 bling hm coffee ng poison BIN
psert y. t Wagner rrtd in such manner b. mad
ness render unable for d,pongat - Wit lH ioT iS weeks de
q dcponrli verify believe from the fact, and ecamsilc.s
and oon De aware of what be about That he Is crazy
and moi n .sne condition 81 mind T. WoEnR.
sworn 10 before me th, gfh day 81 January 1861 q
A B-'gEN.riEL, Sotay PalIs \. J. civ
After reading Tho affidavit counsel claimed that under
the provision of the "a Revised statutes page $685. sec ?.
Tie court could moi fix the day O @htcntc That section
vcd that no insane pcr-on cOuld be tried sentenced
10 any punishment punished for any crime or ocnse
wic h. continued u that e9r. III" very statute under
which The Court had II at all the hight 10 pass The sent
If no legal exists 10 prcycUi the same II L.
respectfully insisted that the prisoner has shown legal
reason WIN n day should not be fixed for bis execution
and IL j, the Courts duty 10 DE fully satisfied as TO his
mental condition before fixing day Tot his punishment
The Court dsregaldcd these points holding that IL now
had ministerial duty merely 10 perform, but on motion
Mn Justice Leonard after rcng the fact, Of the
proceeded the prisoner, and fixed the date
before LEoS1EB. r. j. CIEHTi and IsoRAuAM J. j.
TIE Pt0fi. 90 John Hein.
In this and five other cscs arising IN the Court Of Gen
eIa Sessions, I'm which 10 VIII De- remembered Judge Ru--
sd susianod dcmu1,rs the ground That The Excise
Law, under which they brought, was unconSttu-
iOial, and gave Judgment Tor inc defendants, the People
appealed The supreme CONT Yesterday the District
Attorney entered formal orders 81 reversal IN al inc
cusc- the decision Of the Court Of Appeals having DIS
posed ~ the question
AiIEALs PROM TIE COURT oF srrCfAL SESSIONS
People 80 Jane, M.Kaf
Tho defendant Was fined by The Court of General ses-
-0l- ios circulating indecent haudhlls Tie procured
Wit ofcrfi0r o The supreme Court 10 rryirw the pro
rs,lug u t. Court below, claiming That the net did not
apply 90 the ii, ease De- had merely rculagd
hnudIl iu lls bu-us. and ld taken precautions th1t
10 should r.lsh private lilies
Mr. Han claimed that tho act within the common
Inv m.M,.nor aud urged further that the Court could
not review tire decision of The Special Sesious IN this
manner tire sututc did not authorize cgiiDrU1 for
such puipotc.
The CONT reserved Us decision.