Judge Lyons's Court. sat on Saturday.
The case of Charles H. Smith was continued to the next term.
The counsel for Sergeant Webster, whose petition to be relieved from the military service, under the writ of habeas corpus, was denied last week, offered a bill of exceptions to be signed and sealed by His honor, and made a part of the record of the case; which record it is intended to take up to the Court of Appeals. A question arose, however, as to some one or more of the facts stated in the bill of exceptions to have been proved or admitted on the trial; and therefore the filing of said bill was postponed to a future day.--The Court of Appeals, contrary to the rule in other cases, may, where there is an appeal from the opinion of the Judge below in a habeas corpus case, cause the witnesses to be summoned before that tribunal, and begin the trial de noro. So that whether the bill of exceptions error not in its statement of the facts proved, the Court of Appeals need not be misled. We doubt not, however, that the learned and courteous court and counsel will to-day agree in a bill of exceptions, which will relieve the higher court of a task which it is always onerous for such a tribunal to perform — the hearing of oral evidence.
