New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-09-12
COURT OF SPECIAL. sEssIoNs-Are. Us II. srsvAs'
City Judge.


order will b. entered accordingly.
COURT OF SPECIAL SEsSIo Ns-AuG. Us. II. SrsvAs~
City Judge
Tn. paone ex r.l C. J. Warea Va James Wallace.
Mr. Tomlinson moved that the Court send the COM
plant OF General Sessions under the power con
Ilh APRIL 1885, enlarge the Jurisdiction of the ,urt Of
General Special Session Of tie Peace The city Of T.
MI Cspron behalf Of the People. opposed the APPLICATION.
and that is at least doubtful whether the Sh section
q the act OF April i o, aided the whole ,' nss
"Geuer Special Sessions OF the Peace aud sebmt-
ted that such Courts exist tue city, Inc sods rr
Justice md in respect to hs two Courts no~ under ccnsds
l. Prohibiory Law these Courts property named
H. therefore Courts those named IN tho
statute April r. there subject matter which th,t
statute operate and the provisions Of the Pohbory Law
therefore affected by &C. and all the officers named -rs
in whom the City Judge one MAY continue TO hold e'nrs
plants the Pohbory Law. On this hypothess tns
in this although arrested Issued BY JUS
% . cent with h own consent for trial Bsfos ssv
other officer Of the City authorized BY the Prohbory Law %
offenders" and the provisions Of the Pnchib
tory Law us hat PEoeeedns aud besides. the accused IN
and in thereof has sppead IN the present Court and
complaint he Court Sessions pom this sound there
fore this Court entertain this cause and II this sss OF hs
the risbt TO make the pre- sent motion.
, Ii the preceding point well taken aud the Coar
shall determine that the h section Of the law OF April II ~
valid the submits that the section should be
usd be part OF The Probibory Law and TO change the
aw The only such deprive all the officers named
The 9Th section OF the Prohibory Law except che Cty
hell Counts OF Special Sessions In the City and ~ give
the City Judge snd Recorder exclusive Jurisdiction In toss
eaaer hs OF the oth .eoa o. .ne
OF April - the City Judge exercises his authority under s
Prohibitey Law sad according 70 is provisions In oae.
Sessions call JuTes for tbs trials of these Tbs
accused have jury trial before the City Jsdse In all cases
brtnght before no lnds hse statutes IL was not the intsn-
on the Legislature 10 deprive the accused Of that right BY
The amendment wrought by The 9Th section Of the law Of tho
l2th OF ADIi In these cases.
II therefore this sitting by authority pro-
Of trial By jury Of six men but having chosen before ,hs
committing asistre 70 be here tried he cannot be now
heard TO make the present motion because
g. An election made Is conclusive IN crmins vel -
in civil cases unless I appears that the accused sed IN sno
The 9Th section provides that this election must be made bsts
the committing nasstra'e and On being brought
Being night conferred By statutory enactment Il must
be exercised accorog the provisions OF the statute or e
here and he has appeared hero OF such sIsction
this Court therefore must try bim unless has the power to
his Court that power e1ceps for Of pub
lie snch atonhp between the accused and tho
would be failure Of justice and wsaid 90 nnpun
shed power existed in this Court send tho
indifferent tribunal tor ua The Jurisdiction OF this Court 70
and for any could not enter
tain Jurisdiction the accused must necessarily escape nal.
ch snd only for that object this power On
There 20 constitutions objection tho trial of the
cussd here contrary his Will srprs'ssd at the time The
Twelve in nearly all criminal prosecutions, but believe
provision OF that instrument mpe the accused 20 be TINS tined
II IN another Court ke may be tried without such
aad he latter ttbsno The Constitution satisfied
the Legislature creating oense affords TIE accused
sod NV or status .ht % ssseusy g sny other
civil right In THE csss Of he N tbs
the right OF trial by Law jury and the accused hes
70 waived T. No pe, case % si sss an I'M
trial should therefore BE- bad In this Court
COURT or GENERAL3s EssIONs-sEPr. il-Befars Re-
corder saIrH.
The entire time and attention Of the Court 0c-
cupied to-day in 6pOsug Of the Wscowsk which
bered charged with attempting steal gold watch sad
chain y:iu.d go the property Of Mr. William Collins u
body after due consideration, rendered verdict II guilty
He rensnded for sentenee The Court then soazned too
the dsy.
FIRST DISTRICT COURT-sspT ll-Befors Judge Grssn
SUIT AGAINST THE HARLEM RAILROAD c0aPAsr-
RULE As TO FREIGHT.
Henry Edwards agt. Harlem Railroad Company.
To recover damage for alleged detention Of 100
pounds buekwhest fouT placed for Mr. r. 10 the tram
g. Johasyie, Fulton County for NewYork February
NJ e. charges the Company with neglect. keeping the
baekvhes, IN he freight depot without deyerns him
BE proysd had been N possession Of the Company for
tkres and that be nsaned s thereby the
hs The Company liable 70 make iood the os or difference
o. ss IN s5 ?, %. ss1,.s him Of The
MI 2 proved bis place Of business b IN fatos and thss
proof thss 6ackwhest bad bses stored ~
the Company for Mr. Els benefit storsaoase N Watsr-
M B. L Birss .opessd on behalf Of tbs company. ssd
moved that the complaint Be dsasd on the ound As hs
care on their part a e the P'opsT .Is sss 5ss omission I"
that the company should have bottled Mr. L. Of tho Sri d
Tbs jade eusd that eonyAut on the ground that -
bad been povsn on The part Of the company BAG On se
fr-arhf sanff