Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-05-16

COURT OF SESSIONS tuesday, May lb.--On enter
ing the Court we were agreeably surprised at meeting
dear old friend the Recorder thatwas)-not apon
the bench, where we have always been accustomed
to find him. but at the bar the character of an adj
vocae-seated at the semi circular shabby pine table,
the common desk OF the most humble and the most
aspiring genuses of the bar, the universal lounginR
place for all sorts of idlers, petfoggers, consables
and penny a-linsrs.
His henor-for he is still the honorable Richard
Rlker-was IN high spirits as usual. He was rosed
in his long, broad, square bottomed black coat with
its huge pockets accessible ONLY on the outside; and
the inimllable ruffle Shirt in which he was wont 20
often to ilumne the path Of the grand jurors in his
e-orgoen charge about lottery tickets and
wooden buldings-hs enormous pockets, as he be-
comes excited through which, and into those Of his
spacious femorals, he alternately thrusts his up
to the elbows, were no longer filled with ponderous
documents and projecting quires Of legal
ing remained in them but simple brief, endorsed,
"The People VS. Patrick Tracy"
Mr. Rikcr appeared as counsel, for the first time in
twenty years; the case was that Of the people vs..
Patrick Tracy in which he was associated with
Msssrs. Hugh Maxwell and Thomas s. Brady.
The prisoner was brought out and placed in the
box, where he was arraigned and pleaded not guilty
upon an indictment charging him with highway rob-
berry. Through some neglect the part of the sher
i'll in not returning the requisite panel Of jurors, the
cause was delayed hll near one o'clock, when Mr..
Maxwell suggested the propriety OF adiournng the
case over until next day. WHICH was opposed by the
district attorney, who said that the jurors would
be in court, and that he ready to proceed TO
trial.
Riker seconded the application Of his colleague for
an adjournment Of the cause, and moved the
admit his client 10 bail upon giving good and sufficient
security for his appearance The learned counsel
marked with great emphasis, and in a tone familiar
to every onc that he had examined carefully iRio the
OF the prisoner, who he knew to be very worthy
man, and he was assured, from what information he
had obtained, and his personal knowledge of the cha.
racer of the accused, that he entirely innocent
Of the crime alleged against him, and that was the
reason he had appeared TO defend him.
The District Attorney, notwithstanding the long
Difference he had been accustomed 10 pay to the sug
gesons Of the old recorder could not consent to LET
the he over If II were possible TO try that day;
adding that he too had made enquiries into the case,
which he was sorry TO say resulted in his entire belief
Of the guilt of the prisoner; facts and circumstances
such the learned counsel would have to fight hard
to get clear of.
Mr.. Rker said il would be impossible to try the
case in one day-especlay as II past one o'clock
that If the TRIAL progressed and the District Attor-
Hey should not abandon the prosecution the testl-
mony he should bring in the defence of the prisoner
would occupy the court TILL midnight
The court denied the application 10 bail, and ad-
ourned the court till III o'clock, in order TO
pete the PANEL Of iirors. Diekey's pleadlngs viii
be neh treat THIS retiring from the bench and re-
turning to the bar - not very prevalent IN this com
munily, but il Is genuine democracy, and we should
like to sec practsed TO great extsnt amongst US.