The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-02

held IN ana for the county Aforesaid on the first
Monday OF December. 1871 and assigned the Hon.
Daniel Y ingraham, presiding Justice aforesaid,
10 hold the same; and the said defendant further
says that no other order or appointment Tor any
Court OF oyer ana Terminer to be held 10 and for
said county on the first Monday or December, 1871
has been duly made; and the said defendant fur
rher says that after the said assignment OF
rice and Justice aforesaid. to hold SAID term OF
the Court OF Oyer and Termlner. to witt on the
State or New YORK, by his certificate in writing
duly made according 10 law, and by the said Gov
did Dc designate the said Justice ISss above named
from the whole bench OF Justices OF the said Su-
rd"zo o a%n ea as PRESIDING Justice Win a1Gr
tees, to compose the General Term OF said Court IN
and Tor the First judicial department OF the State
OF New york. and that the SAID Justice thereupon
assumed the duties and LOOK upon himself the SER
vice imposed by the Designation aforesaid so made
presiding Justice. with Albert Cardoz0 and George
q. Barnard as associate Justices duly ana lawfully
General Term as aforesaid IN the said department;
anu mat the said defendant further SAYS tnat the
said First Judicial department consists only Oh the
said First judicial dIstrlct-to wit the county OF
New York; and that the said defendant furrner
tue same anne justice Who held the SAID al Court Of Oyer
and Iermincr IN anu Tor said county, so appointed
by which said Court the said alleged Grand jury
were empaneiled and sworn on Inc day last men.
Court on the day when the instrument purp0rting
to he an Indictment was nled-t0 VIII, on the 10TH
",
GREAT DAMAGE WRONG AND PRsJUDI0E
of him. the said Edward 5. Stokes, ana this ne Is
He not BY any
duly empaneiled, sworn aud charged to inquire |
Of ssw saa
prays Judgment OF the SAID alleged indictment, and
that tine same De Quasned
THIRD PLEA.
And that the SAID Edward 8. Stokes for further
Dlea by leave Of the Court, says That the lns,ru-
menl purporting TO be bill OF Indictment was not
found by amy Grand Jury duly empanelied, sworn |
and charged to inquire tor the people Of the state
oil New York, he says there was no Court OF
Oyer and Termlner duly and lawfully appointed to
be held IN ana for the CITY aud county VI New YORK
Old the first Monday OF December, 1871, other than
the Court Of Oyer Termlner in and Tor said city
and county which was appointed TO be held on
the first Monday OF December, 1871 by the Justices
OF the Supreme Court OF the people or the State OF
New YORK; IN and for the First judicial district done
Dy tae ssd Justices IN and py cesd o rae pI
velnber, 1859, which IL as follows, that Is to say
In Supreme Court, November H. 1882 pursuant to the
section OF The Coae the Judges Of the First
preme Oyer Terinner held city Of
be- ha he onsy.
uary, April, June and November
Special Terms for enumerated motions to be held
on the hrst Mondays OF February, March, May, Oc-
tOber and December. Courts OF Oyer and 1ermi-
May OCTOBER to and Dec TWO Circuit
TO be held on the first Mondays OF Febru-
airy, March, May, october ana December and
one Circuit Tor January, April June ana Novem-
Der. Special Terms Tor motions and Chamber
business to be held on the first Monday OF each
month OF the year. December, Part Circuit Court
and Oyer and Terminer, iIgraham And that the
SAID Hon. Daniel z. ingrahaln. presiding Justice
aforesaid, who 10 by the SAID order designated and
assigned TO hold the oyer ana Terminer the first
Mondaj OF December, 1871, was atterwards-to w.t.
the Sd day OF April ls7O-duly designated by the
Governor OF the State OF New York ,(by GER
ufcate In writing duly nied IN Inc once
New York; as the presiding Justice, together
win the Hon. Albert CardozO aud George
G. Barnard as Associate Justices 10 compose Gene
Department OF the State consisting wholly OF the
FIRST Judicial district ana tae saia noh- Daniei r.
accepted the designation, assignment anu appoint
ment, and thereupon served and acied aud ever
since served and acted as, and doth Vet and now |
and act as, the Presiding Justice OF the said
General Term OF said Court and Tor the said judi
Grand Jury In any Court OF Oyer and Terminer In |
being sworn to inquire, &C. in and Tor the body Of
OF January 1877, other than the socaled
Grand Jury which presented the instru- |
When so-caIed Gf,nS jury were empaneed ana
sworn by SAID and before said Presiding Justice In
which was and Is to the great damage, wrong and
prejudice OF him, the saic EDWARD - stokes. And
the said ALLEGED instrument pnrporting to he SlII
OF indictment was not found by any Grano Jury
the people Of the state OF New York and for The body
OF the city aud county OF New York, the SAID de-
porting to be bill OF Indictment and that the same
may he quashed, and that the said defendant may
he dismissed and discharged Thereon.
FOURTH FLEA.
And the said defendant, for further plea in thus
behalf by leave oil the Court, says that the said
strument purporting to lie bill OF Indictment was
not found at any term Of the Court or oyer and Ter
miner, legally organized and held IN and for the
county OF New York, because he says that the Court
OF oyer and rerminer AZ which The said instrument
purp0rtlng to be bill Of indictment was found was
begun the first Monday OF December, 1871, and
that the said Court was held BY the Hon. Daniel r.
Ingraham Presiding Justice OF the General Term OF
the FIRST judicial Department. as well on that day
".
instrument was fled; In That the said Daniel p
Ingraham, heretofore, to wit, ON the 30th day OF
April 1870, was, by the Governor OF the
State Of New YORK, Dy certificate In writing duly
made In accordance with law. and bv him flied In
the Office OF the Secretary OF the State OF New YORK;
designated by the SAID Governor from the whole
bench OF the Jusuces OF the said Supreme Court as
Presiding Justices OF and together with Albert Car
dozo and George e. Barnard to compose the General
Term OF SAID Court, In and for the First judicial De-
partment and that the said Presiding Justice tnere-
fore became and was, and ever since has been and
one Of the Justices so designated to compose
said General Term and Presiding Justice there
OF, and now acts SUCH and that OH the said first
Monday OF December, 1871, the said Court of oyer
and Termner SO organized convened at the new |
Court House. In the City and county OF New York. and
the said Grand Jury, by which the said instrument