New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-06-21
s1rpREME CoTRT-GENERAL TERN.

Psfore TngTaLGlp, p. j., and justices Bar
n1rI aug CGrdozo.-Mdrtn allen. ElainHg IL error agt
one of Ire weEknOwn Allen family, was convicted at me
Court Of General Sessions, and sentenced to yeai I'M
prisOnmcnt i'm November last, having stolen s6OO ny
means of thc panel game, from Franklin smith, resi-
dent of Col'insye. Connecticut Smith, VINO was e,m
tine ueateT, when accOsted by two girls ana aeGul
panied them to house in liowardst where ne fena9So
about half hour Upon retiring 10 ms room at lne
hotel he discovered his loss, ana next DAY lhade So
plant to nc Poncf VINO Ec hc t t money in ms
possession portion Of which was Identified by MI. Sh
and uuon whose testimony Allen was convicted. His
Counsel Mr. Howe now ap1elIs to the General Term Of
the Supreme Court for revcrsOn of the judgment ON
the ground among others, that there were two Grand
Jures for one court in session at the same time, which
was in violation OF the law the law allowing it, not
having then passed and that the Court of General ses
siOns had no Jurisdiction the case, because tie
indictment was presented by the Grand jury OF the
Court Of oyer and Termner The decision OF the Court
Patrick MeDonald plainG in error, agt. The People
Co be a weikuown ticket swinder was brought before
the General Term tine Supreme Court yesterday mof
General sessions, which sentenced Mcdonald to Ave
years Imprisonment az hard labor Mcdonald was ar
rested the complaint Of Joseph BOutrch, French
man. who alleged that Mcdonald took graft for $500
in gold from him to get it cashcd and failed to return
either the draft or the money rCahzedrom inc GIand
Jury indicted him for grand larceny IN taking $500 IN
money from the complainant and on that count ne was
tried His counsel, Mr.. Howe now appeals from the
verdict the ground that The indictment aidnot specify
stead of bills. The Court held the point wen hke ana
reversed the judgment OF the Court OF General SESSIONS
Jerome BrGdicy FIaiHtig in Error agt The People De
Jehd0Its IN ErrorTne plaintiff in this appeal was con-
Ncted at the Court Of General Sessions in March last OF
grand larceny in having stolen from Morrison, Son &
Hutchinson at No 327 Broadway, on the I'd OF Novem-
Der 1s63 Sl5OOOn bonds. The larceny, which attracted
attention nj the time il was committed, was Ch ced in
omen diV by Bradley and aCcOmpce, the latter en-
gagins tine attention OF the Cy ceih present Wne l9iu
Icy went to The OF the store and succeeded IN getting
possession small tin trunk in when the securities were
kept and with which he made good MS escape search
made for Bradley, but for nearly year ne ehIea
the vigilance of the detectives Upon his trlal Brad
ley was placed upon the witness stand, and ON MS
Examination was asked TINS question by the Dslct
Attorney "Are you under any other indictments except
in this COurt" BTddeys counsel objected 10 the ques
ton but the Court directed him 10 answer II. On tins
ground among others his counsel appeal TO the General
Term to have the Judgment set aside After long arg
ment Yesterday by Assistant DstrictAttorney Fellows
o. 81 no,i" I'D nv Mr. Edward ID Mccarthy for the
prisoner Court decided that the Judge IN the Court
OF General Sessions could not compel the prisoner 10
answer the question, and they therefore order new
Trcd,,eH W Rensen aud James Honnegan, Plaintiffs in
Error agt The PeODc Of tie STATE Of NciO OrE Defend
ants ia ErrOr.-The plaintiffs III this appeal were tried
and found guilty, in December last before Recorder
Hackett for grand larceny In having stolen, IL is sup
posed si85 from old gentleman named VILE on the
night of December 6, 1869 The prisoners were ponce
from the statement of Mr. Wills it would seem that the
ease was not only one grand larceny but of highway
the evidence fails to with sufficient certainty what
was the character of the notes said to have been stolen
10 sustain conviction and also that II fails 10 snow hat
thew were Of sufficient value To sustain conviction as
charged in the indictment Decision reserved. ~
Notice % The Embroidered, That no argument Will he
heard of cases the General Calendar at the General
Term in September The General Term for september
will he adjourned to the fourth Monday OF september al
which only the appeals rom nonenumerated mouohs
will taken mp Ordered, that new calendar snail DE
made out for the November Term ana no case sha! De
placed thereon except on new mote OF ISSUE 10 DC eu
with the Clerk ten days before the meeting OF the Gene
raj Term. Causes on the calendar hereafter shall ne
numbered cOnsecutyey, commencing WiIh tae Appears
from nOn-cnumeTItcd motions. All motions 10 correct
the calendar and fOr dismissal of appeals must be made
during the first week OF the TERM ana may DC hoceu Ior
any daY during that week.