Year: 1875

In the Court OF Oyer and Terminer yesterday Judge
Barrett being the bench and the courtroom filed
to it's utmost capacity, the proceedings of
usually interesting nature. Conspicuous among tho
array OF prisoners John Dolan tho accused
derer of James Noe-the singular circumstances
rounding which and his recent arrest under circum-
stances even more peculiar, have given to the
degree of unwonted ncrest-and Michael Finncil who
shot and killed tho Irish giant o'Baldwin.


ARRAIGNMEST DoLAS.


Immediately following the opening of the Court Doan
placed at the bar He is soutly built young man.
about twenty years oage his face cleany shavcn
and hair dark but with restless eyes and expression
intensified by slightly aquillnc nose, unprepossess-
ingly sinister. Excepting spotted blue neckte he
indGerenty dressed He showed nervousness
but his mother, who present, wept bitterly. Upon
being called to plead to the indictment found against
him. charging him with murder in the FIRST degree he
answered 'Not guilty." His counsel Mr.. William F.
Howe on his behalf then read special plea in abato
mont This plea sots up that the Grand Jury which
found tho Indictment not grand jury OF the county
of New York because the list not wholly selected
from the petit jury list and because Douglas Taylor,
tho Commissioner of Jurors, did not supervise the
drawing of the alleged panel having been by duress
prevented by the Clerk of the County from doing.


Assistant District Attorney Rollins asked time to
anime the plea so as to decide whether to demur try
the issue This request granted and the prisoner
was remandcd TO await the result.


FISNELL.


Finnell was next called to the bar. He is about
thirtyfve years of age and his appearance strk-
ngly in contrast to that Of the previous prisoner He
fnshonably dressed, wearing heavy beaver
coat and evidently fully realized his painful position.
slight cast in his left eye rather marred his express
Eion which otherwise was pleasant He is of medium
height, broad-shouldered, has dark eyes and black
nustache, nnd what Is quito unusual in of
Mesian birth, Duke of Wellington nose. He pleaded
not guilty the indictment OF murder in tho first de-
gree found against him. and thereunon Mr. Howe, his
counsel entered like plea in abatement in the
CT Dolan. He then followed with request that the
prisoner be admitted to bail He insisted that the
only disclosed of mansaughter that his life
in danger at the hands of O'Baldwin, notorious ruff
an and that he only shot 0Baldwin after the latter
had threatened TO kill him. Under these circumstances
he asked that he be admitted to ball. and that the bail
be fixed at a reasonable amount


Mr. Lyons, in reply said that while the facts before
the Coroner did not prove murder in the first degree
tho Grand Jury would have failed in their duty il they
showed that shots fred that tho deceased
found dying that the prisoner away and that there
never had been any explanation his part TO the
cause OF the shooting. II seemed improper that he
should be bacd especially he would be tried this
term.


Mr. Howe reminded the Court that Fnnel surren-
dercd himself the day after the shooting


The prisoner remandcd TO await the course tho
District Attorney may take regarding the special plea


THE SPECIAL PLEAS ovERRULED


Subsequently MIR. Lyons both in this and that OF
Doan, decided to dcmur to the special pleas Judge
Barrett sustained the demurrers tho ground that Mr.
Dunlap, the newly appointed Commissioner, at the
time of drawing tho panel Commissioner de facto.
Hr Howe excepted to the ruling OF the Court