New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-09-12
LAW LNTElLLLGENCE
RIGHT OF TRIAL BY JURY.
COURT Of SPECIAL SESSIONS OF THE PEACE.
BY JUDGE STUART.

cor RI Of SPECIAL SESSIONS OF The fEAtE.
BY JUDGE STUART.
The People ag-. James W aiace.
Tie accused IL before this Court upon complaint
preferred az the Second District Police, charging him
with having sold halt gill OF rye whisky. in violation
of the Act for the Prevention OF incompetence, Pau
" persm and Crime.
me cas- was returned 10 the Special Sessions in
pursuance Of the following section OF the Act TO En-
large the Jurisdiction Of the Courts OF General and
Special Sessions Of the Peace, in and Tor the City
and County Of New-York, the accused not having
elected 20 be- tried by the Court Of General Sessions
at the time fixed for him 10 do
The Court Of General Sessions Of the Peace IN and for tie
City and County Of New York shall % hcsr deter
and punish; according law, all compsnts for n,de-
the said Court Of special Sessions shall eny such
plant TO be sent COz of General Sessions the Peacs
and g5 ne & ao'e nave ave- s e be- ard ans
determined By the Court OF General Sessions OF re Peacs IN
made the duty OF such mastFate upon SUCH arrest 70 ofn
the said accused u tae provisions OF TINS sscuon"
When the case was called for tial the defendant
appeared with counsel, Messrs. Tomlinson ana Tay
lOr and demanded to be tried by jury OF twelve
While the statute JUST read gives with the exceptions
therein made the Court OF Special Sessions of the
Peace. crcLuSaDe jurisdiction OF III MIsDENgAgoRs-
and any violation of the provisions of the Prohbitory
Act is by that act declared TO be s0-t coofers no
power TO impGnDel q jury; and as there never has
been any trial by Jury this Court, and clearly
not be, il is obviously impossible that the accused
caa be tried at this bsr in the manner he demands.
In view Of these facts asked to exercise the dis
erection conferred by the act of April IL and send the
complaint 10 the Court Of General Sessions, ana this
IL required first, for the reason that Wallace mistook
bis rights and the effect OF his election when before
the Police Justice; and second, and mostly upon the
ground that, being charged with a criminal ofiense,
be has constitutional right TO be tried by common
law Jury OF the cOuntry-such ss the General Sec
siOns and Over and IeunIner only have the right to
impannel: and further, tina ne avail hilnseH Of
that right az any time-even up TO Inc moment thu
first witness for the people Id sworn, any act OF the
Leg stature 10 the contrary Notwithstanding.
Mr. Capron of counsel for the prosecution, denied
any power 10 send the into the General Sessions
and disputed the right OF the defendant jury, he
having failed under The law u the provided 70
secure that right in the manner prescribed.
These questions having been argued at length by
council on the one side and the other and being both
before and row without any foubts in the mater,
will determine them as brief manner 4s possible:
Has the accused being charged with the perpeon Of mic
deIaearor constitutional night BE- tried by iuyeyen
houqh the Leasaurs hAs otherwise decsrsd-exep. uDoa
certain conditions which the detenant failed o6erve add
which, therefore 90 not now avail nin1
Art OF the Cor sution OF this State provides ina.
The night OF a by jury 10 a.. cases IN which has hereto
lore snail inyi0iare frsyer" The simple
and only question then 10 what has heretofore
been used That has been used all Of felony
certain Iit equally tue IN respect nisderneanors hss
garced the settled policy OF the state IN the administration
OF re cIms justce that isderneanors well feones
80 - -ns..r- ~ r,l nv ,n nrscce no ,n.cs or
oca the contrary being exceptions the rule By
isJit win be second of article seventh
tie have read from the present
aw State. The set however, entitled OF the hghs
Of the Citizens and Inhabitants OF tais State Known as the
Rights" passed leH, declarasory Of certain
fundamental principles bepy and Justice aad u Federal
and Ssis Constitutional pFoSiI0ns being eosapiiatIon
rom and from analogous act 81 the LegeGrs N
1851 ConcernDg tie Rights Of ths citizens OF Stare
only provision the s.me Is or crescent and
yeesdias Constitutions bu- sill smother section touching the
rshr by Jury which the following language: " In
AL zal prosecutions the accused has ngnt speedy
and public tgia By impartial jury sec IA The ngu.
men that his bill OF ght Ac. OF the Lssascle and
rAy be at, c,ed by any subsequent il admitted but
sweed By the tscc shat n us import essence and SPIRIT Is
INFINITELY more portsn, and enduring than any other
Acc solemn recognition BY the L gsa1re those
.r. and principles that the foundation OF right not
Pss-ns inst Constitution o. the STATE 7 md tn-
Dc IN these words: And this Conysncsn
which a.s used this Colony NsYors
shall remain nsoate forever By reference 10 Colonial
Act iced emitted " An Act for the speedy pun
81 ishirg and releasing such per iss iRpnson-
a. snail commit any CT nina ohense 10 TIA Ciry
and County OF Newton under toe decree Of grsad
larceny THIS sz'hortzed the tria of petty offend
1heH rses BY the Mayor Recorder and Aternsn and
with me ersps q, measure o. ne 1ans
James H. II ina year 1896 regarded the og~nxaon OF
he present Of SPECIAL Sessions IN this CITY IL was IN
ave speedy trials and jail teiye.anee 20 the gret number
0 petty offenders whose detention FOR ndisent and the
slower mode Of s By would % erowa ne prisons . that
Il mere to that this Aef-snd lot t Dc observed
too that q, subsequent Acts for the rna Of petty offenders
without Jrry-vas and has aws. oeer r the A OF those
DO were found prison unwilling unable give bs and
the offenders who were out OF prison bs sub
ec tined time snd eircunsfanoes would pernterhsr
u he Special Sessions, their choice and not ottvse
on IN Sessions according tho Of the
law where they could b pssd appear and sH.v,r
raroy per,ons upon bad % BE- md
Jury the Court Of Special Sesous, and 10 now
required vhe the eeornix2nes int, which they snsSr ef
shsx aPpesracs at the 0css sesass - svS sny aAss