
    George H. Salisbury, Plaintiff in Error, v. The People of the State of New York, Defendants in Error.
   Judgment and conviction affirmed, and proceedings remitted to the Cattaraugus Oyer and Terminer to proceed thereon. Held, that the declaration of the prisoner offered to be proved was not a part of the res gestee, and that the conversation with Sealey, not having taken place in the presence of the prisoner or the deceased, nor having been communicated to either of them, was irrelevant and inadmissible.

Haight, J., not sitting.  