New-York tribune., 1868-04-22
THE COURTS.

In the Supreme Court, Chambers motion
came UP to quash writ de l,odteo, Issued In tho
case of James d Stout The came up on tho calon
dar week. while Judge Cardozo was sitting but ow
ing to the fact that his brother concerned IN IT, he re
fused to hear IT, and the case was put over VII yes,er
day Tho original writ issued october last on the
petition OF OF James d. Stout and the matter was
pending from that time to the middle OF last March %nen
the Sheriff jury found Mr. Stout to be sane On reasons
set out in the adayils technical and otherwise tne pc
considered this verdict either VOld or lmprop
erly given, and procured from Judge lngraham new
writ and this writ the parties now move 70 laSn S Sn
the ground that the has once been decided Ihe
petitions OF VIM. C.. Stout. on which tho orlelnai
and rev writ was granted set Oa and h has bsen for
some of unsound mind and unfit to govern nimsel;
coming wasted on account OF his unacy; thathe original
suit obtained on October i5 that the proceea,gs
swearing to the petition says that among the symptoms
OF insanity shown by Mr. Stout he has expressed De,
that James d. Stout believes that he. Bruce and W. "
Stout, and Mrs Bruce are in the daily habit OF Dego
nat Mr. scut manner is entirely changed and such
to lead his friends tO the belief that he IL Insane PIT
his fathernlaw had come under the control OF woman
of bad repute who had obtained from hiin ~ M rare1 ,
uable real estate, and who endeavorng TO get nun 70
marry her. she having recently procured divorce g.. D M
animation Of the conduct OF James StOutoh tIe cIg.
trial that he believes he In state OF insahil ~ H
recovery Is nearly II quite hopeless. To all tnls te
counsel for the other side reply that the matter nas III
the Sheriff Gy % and ,s Sy nnES Without
some new matter shown Tho petitioners then attack
the the safT @ ~ MF a%es h1mSS deed Of
house and lot Eighty frsts worth $1,000 To james
gave testimony on the part OF said Stout which deed
the consideration was placed at $500 tnat d as te ne
49, 1sM Mafsh Mr. N GRAY M Who was the attorney FOR
James d. Stout, wrote to Mr. Cook, the attorney
% sn arrived at BY the % sheT Jury but Col Miller had
peremptorily refused TO give him any information WHAT
upon the subject and told him the result W9ud h0t
be disclosed till the fees were paid. In still another All
davit Mr. Bruce says that he having at the request OF
mart in the proceedngs under the writ Sir James ~
Miller. foreman Of the jury came to him on the oin OF
December in the courtroom and said that no WISHED
Bruce to lodge OF money In his hands 10 pay the
costs of the jury and that it would he best for MN 70 90
and 1t would have good effect. ahd tnat AZ ,he h
next meeting he would tell deponent how mucn money no
required on Friday Dec ,, ~ benz e , hds ASIDE
In the said Court room, and told him that no wished tho
SUN Of 800 and requested deponent TO bring nun tne
said James M Miller, such sum OF 800 or eneSk No, ,T1
the same, 10 No 2s Plnest, where the said james s MI
Ter his office that he refused to do IT, and whom ques
toned by Dir Miller at the next meethhs tne on tne
CommlssioneTs. said that he 6t!.a haa sP0Sso @ ,O
reeT re ' MeT to p his Counsel That on this Miller
quite angry and said that the counsel had nong 70 90
is Informed believes said james ~ Miller spoke
to VIM G. Stout making demand OF ~ III ironl m,n,
for IN jury fees That Andrew V. Stout procured
to be such security but that tho said Miller regarded the
another OF the jurymen was familiar relations with
the son Of The woman who charged to haze seasSSa sSa
sna one began SS'aSGa %n.pe41s aogernSf seeing
deponent near them hastily left and separated.
President and Secretary OF the Republic lre Ihsur
ance Company, tenant Of James ID Stout al tiO per
annum saf that March % Abram H. CardoL0 one OF
the Jurors, presented them with power OF attorney.
signed by Nr Dean empowering him 10 coiect tho hiI
years rent due but having received the papers under the
new writ they had not paid him. William sharp hs.lst
Cashier OF the Merohants National Bank says thht
A. H. Cardozo brought similar power 10 him, but there
being nfornalty went out 10 have 1t corrected aud
meanwhile notice Of the now writ was served on
them. VIM c, Stout tells similar story 10 mr ,n bruee
OF demand of 800 made ON him by Mr.. Miller.
The attorney OF the petitioner Geo W. Cook presents
the technical grounds on which he claims that the hnd'
ings Of tho Jury nuty These arc that after the
case committed to them they separated without an:
nOunciDg their decision they not having been authorized
to give sealed verdict and that while IS were impan-
rendered the verdict The fourteen who signed tho In
quston arc Jas. NJ. Miller. Abram IL Cardozo, John ID.
Secor, Jas. g. Davis. Benjamin G. Paddock, Henry Ben
nett Geo Smith. Roswell g. Roston, John j. Cdrbfey'
Pryer Henry III. keoler, Chas. c. Landon, samuel j.
Harriet, MahlOn Buckman. -
Mr Smith read afdavts 20 show that all the proceed
ings OF Mr. Miller and Mr.. CardOzO were simply to Sc
cure the payment OF the legal fees OF the jury and con-
tended that suspicion could possibly attach 10 such
those the jury; that the amount of the ices,
t certainly not such as 10 present any temptation
TO such men. Mr.. r. Williams contended that tho legal
fees were but l2t cents to each juror and that even
they larger the circumstances were too suspicious
allow the verdict to stand, even there Wero not fa
technical defects.
The Court took the papers and reserved its decision