The New York herald., 1876-01-29
SALE OFTHE PARK THEATRE.

The Supreme Court, General Term gave its decision
yesterday on the and stay OF proceedings
in the case Of John Doan convicted in the Court Of
Oyer snd Termner OF the murder OF James NJ. Noe
The conviction in the oyer and Terminer is sustained
and the for such decision are embodied in a
lengthy opinion by Judge Daniels, in which Judges
Davis and Brady concur Judge Daniels first takes up
the plea in abatement averring that the Grand Jury
presenting the indictment was not lawfully organized.
The objection is Eeld not to be enable also similar
objection taken to the petit jurors Inasmuch as these
objections tho grounds which the writ OF error
and stay were granted he examines them at consid
erabc longth BECAUSE If the same proved we'll founded
there would at once follow an Of the adminisra
tion of justice in both civil and criminal
cases, SO far as that depended upon the inter
veDtion of either grand petit jurors, because no
grand Jury could be organized in tho county of New
York no indictments found for crimes committed and
no trials on indictments heretofore presented carnival
of unrestra!ncd would then be assured shock
ing to contemplate it would be destructive 10 the
good order aud security OF society There might as
we'll be complete abrogaton OF all criminal laws for
would at suspend their execution. Courts of
tce could only DO excused in allowing their existence
for the Irresistible and controlling Pub
lie security should not lie exposed 10 doubtful
peril insufficient grounds be takes up the objec-
tion 10 the drawing OF the panel by Mr.. Dunlap as
Comm ssioner Of Jurors instead OF Mr.. Taylor, who
claimed to he Commissioner dc jure He holds that
Mr. Dunlap was Commissioner de facto, which
swcred every purpose and that the list from which the
jury drawn proper list AS TO the objection
that the Court OF Oyer and Terminer had jurisdic
ton the case, because II does not appear on
the record that the order transferring the case
from the Court of Sessions entered in the minutes
OF the latter Court he holds that the presumptson ia
that the fact OF order of transfer having been made
the same entered on the minutes. He takes
up the objection that the General Sessions could not
transfer the indictment ultil the end of its term In
his opinion there nothing in the record showing
that IL did that before the end Of the term. At AL
events lie holds 1t perfectly legal TO send the
to the oyer and Termincr If II at
the time in session. He overrulcs further the
alleged in count of Indictment The
statute has been framed to require this combina-
tfon OF the felony with the moral act TO the
of murder in the first degree whore death is not
The result OF delberation and premcditaton He next
takes up the exceptions by prisoners counsel to the
refusal of the Court charge certain requests neither
of which exceptions he holds he could sustain judge
Barrett is sustained also in his ordering plea of mot
guilty. 10 be entered for the prisoner and directing the
70 proceed He holds ia conclusion that the YER
dict Is not inconsistent with the Indictment and ht
has been established in the But one
duty left TO the Conrt; that TO confirm the
Judgment and remit the TO the Court OF oyer and
Torminer TO designate the day for It's execution and
carry the same into effect
Immediately on the above decision motion was made
by District Attorney Phelps that the judgment OF the
Oyer and Tormner be made the judgment Of the Cen
Term, ana that The record OF the oyer and
miner be remanded TO said Court with directions TO
day for carrying out the sentence OF execution. The
motion granted
As the stands the Court of Oyer and Ter
miner, al its next session, must re1x the day Tor
Dolans execution. Unless the prisoners counsel can
obtain a second OF and stay, carry
tho TO the Court of Appeals his execution must
take place the day TO be fixed by the Court OF Oyer
and Termner, pursuant to the above decision Of the
General Term.