The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-08-03

son made BY Mr. Justice Morris in ths case Of Hsuss
n holding that the oct question has act taken away
.isI. md f answer
court having criminal jurisdiction to be held in the
county an wrong In this construction Of the act
and does indeed compel trial Of the offence bsfors
court Of special sessions the constitutionay Of that
provision Of the act may wen be doubted 1t Is declared
y II; eGn.titr.on Of this STATE: art sec "Ths
fore used shall remain nviolats forever" The obvious
meaning Of the expression sherstofore used' u.s. Gin
What meant by the expression tral by jury" Does
IT mean common law jury of twelve men. or jury Of
think there bs doubt this point. II the Legs
ature may reduce in number to six they have The
right to reduce the number to one and thu: make
attuon On this subject the Court Of Appeals have
Gently expressed an opinion In Cruger The Hudson
j. says That Ia jury) when spoken Of in connsx
ion With trial jury In the session Of the
to be unanimous. Such must be its acceptstion to
every one acquainted with the history of the common
st,tuon, 10 constituted has for 80 long period bssn
held" lses also English, 44e.7, State vs.. Cox;
and Mr6, sS atsTs RI as Whs
Notice. II, Therefore, the accused in offence of this
grade, had right to trial by jury 10 the coustitn
feet, his RICH. caDnst be taken away by subsequent
act Of the legislature to say that this
sso but has since been created BY statute II the Of
fence be such that it would have been ntlsd trial
it cannot be deprived Of the same right when created
afterwards ANY other view would enable the Legisa
tuIe to create new offence, and call felony, by
Of special sessions, and punishable with death:
IS old Offences you make the Of the Legislature
The true rule undoubtedly that when this Lsyisaturs
other previous offences OF the grade and equally
governed BY tho provisions OF the constitution The
demeanor of this character, right in AL cases to
trial by jury under our laws, thsy existed ct the
right to proceed summariy and without ury in GER
tain cases, but not in offences Of this grade For ex.
smps s aisGrSe.y persona who are sss n
isbsd sunmari,y and without trial by jury trial b.
jury not being Previously used in these 1t is not
They sre mot cases within the Contemplation Of
the consultation On. VI. Smith, TO- wsnd.
from Sec OF Art !, which requires an nactmsnt for
all infamous crimes and is placed under the regulation
constitution in all casss Of mdsmssnor and there vas
great variety of shem there the right of trial by
la1y Selling hauor without license Il R. s., es2 sec.
could only be tried inoistment and BY fun jury
Courts of special sessions for the trial petit larceny
misdemsanors breaches Of the peace and other offences
under the degree Of grand larceny have long existed
here They were first authorized BY an act passed by
$780, Van schaic, 24o After the Revolution the sams
powers were given to three justices by the act of Data
OF March, l7s, lGieenleaf 424 aud reenacted il the
s. 507 and also in the revision Of 1880; OR s. 7)
Various notifications and amendments have taken |
only certain specified misdemear ami ptt larcenies
trable in that court In the earlier history that
peace without jury and it was not till 1924 (sson
Laws Of 1924 297 Sec that jury authorized to
be to ry the case on the application Of the
accused 1T was not, however, q common Ia Jury of
twelve, sumnOnsa By the constable Il IS an impor
fant feature IN the legislation in regard to this court
of special sessions, that throughout ts whole history
them has never been an attempt made to compel this
accused to be tSisa by that tribunal II he willing
to give bail In this earliest act in this state aud in all
subsequent enacr,ert. ths right Of the accused to
give bail to appear az the criminal was ex
pIesly given ana 1t mot until he had failed give
ball. after ample lime secured for that purpose aud IL
he failed to give H. that tho justices 70
wi ON the complaint was made p;ocssdsd to ogsnn.
court Of special sessions for the trial Of the offence
Hs might fall to give bail either by choice or insby
special sesaions. In su;h case his trial by such tbu
nal would be in fact compulsory But It was not uncon
waiver and authorized snch trial, in existence
at the time Of the adoption OF the oassituton (Mur
The under which tn. prisoner is there has
been an attempt to compel psrion charged with ns
deMeApor to to trial without the privileges OF giving
ball. which dc rot believe, 1t is the first time there
bss been such enactment In tails State The right t,
zoe tie accused II involves directly the right of
trial by jury Giving tail an election to BE- tried by
jury Nsgctrg to give Ia election to ba tried by
acourt Of fpecis sessions, withoua common Law iary
IL ia regarded wsiTer OF the constitut ions rgbts
The light 10 this election the part of the accused
In the smallest offences triableaby the OF
special sesscpr, has always existed ia this State and
existed in full force and unirn peiree at tie time Of the
adoption Of tbs present constitution The right OF trial
by jury thus erjoed was protected by the constitution
171I {sec 81 ans By the constitution Of 1891 (Art
I in lsBguage almost identical with that OF the
provision in tie present constitution It is not under
the 9TH section OF article OF the constitution that this
presented That protects the citizen against
being ceec to answer fer capital or otherwise ina
crime unless presentation or indictment 'os
grand jury. II does nc. apply o msdemsanor and il
rot therefore, cabie 10 this The Legislature
might perhaps provide for bringing misdeneanors be-
EYE courts for trial withc ut prsentment OF this
Indictment But under tbs simple protec lion Of tho
second section securing trial by jury In al in
which has hereto cre been used and declaring it shall
remain inyols,e forever, II cannot, either directly
Indirectly, compel the trial either Of msdemeanor
OF civil suit, unless by jury OF twelve men,
In which such eonnpuisi,n mgnt have BEEN pre-.
viously exercised In conclusion, | hold that the
right TO give bail end be tried ~ constitutional jury
existed in all cf crime at the time Of the adoption
Of the constitution, aaro be taken by any sub
sequent statute; aud any legislative enactment de
Whichever ve therefore ia taken Of the construction
of the c the statute IN question Il does no. de-
prve the prisoner CT his right tn give bail to appear
the nsxt Court Of Sessions and shall accordingly order
lis discharge On his giving approved security ap
psar, in the penal sur, OF Eve hundred dollars.
The Germans and She Herald.
Lfrom the New Yorker Stats Zeitupg Aug
The Noes has undertaken the worthy task TO plain
TO The Anglo American public new piece OF perfdy
the part OF tho SLw YORK hTaAiD The somewhat ne.
cular postion OF the German Americans in this coun.