New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-01-19
7nE coDF or cRTMfNlL pHocepvPR.
Is AssEssLT. March .. 1876.


The Select Committee OF tie Assembly ~ which vas
referred 20 examine The code of criminal procedure
prepared by the Commissioner on Prasce and Plead
Igs and presented to the Legislature IN So and re-
pot The same 10 ths Honse such part thereo;
in their opinion ought TO BE- enacted at the present
sion, beg leave to
RTpoRr:
That they have examined the said Code and mud
that contain, cacfullyprepare .y.te Of criminal
procedure beginning with specification Of the courts
of criminal Jurisdiction, going through with oil the pro-
ceedlngs from the arrest of offender 10 the sentence
and execution, and closing with the various miscela
neous processes connected with the prevention, de-
lection and punishment a crime IL Is divided into
seven partthe first relating to the court. and judicial
officers connected with criminal jurisdiction; the
second 10 the prevention Of crimes, the third to the
repoy al Of public officers by impeachmeD. other
1i,e. tie fourth 10 proceedings in criminal actions
pro-eouted by Indictment compromising the informa
ton, examination, commitment, Indictment. challenges
10 jurors, tTa, sentence appeal, exec utiOn the MIN
relating 20 the present courts of special sessions the
sixth 70 special pr0ce edings Of criminal nature,
pretending among them coroner inquests, search
warrants, outlawTy. fugIives from justice, and pro-
ceediugs concerning bastards vagrants and dSordcrly
persons and the seventh relating to the costs OF Grim
iDal actions and proceeding TIE whole ia accompa
MED with forms for 81 the proceeding a. to make
complete manual Of criminal practice, sufficient for
tue instruction and guide Of the magistrate and citizen.
This Code embraces SUI ects. some of which must
I've passed upsl during the present session; n for
ample, the detention of winesses, M evil which would
have been long since remeded ii the Legislature had
acted upon this Code when it submitted in l-J0.
This subject has been brought before the Legs By
the Governor at the present se--on and now occupies
the attention of both Houses.
No, only ia there b pressing necessity Cor
acting now upon some parts Of this Code,
but the whole demands the immediate and
serious att enton Of the Legislature. The Con-
-titution which directed the appointment of Commits
sOners 70 reyse and reform the practice in al Courts
Of Record required them "to report thereon TO the
Legislature subject to their adoption and modifca-
% uirczf he
Legislature to act upon their reports Their reports
Of complete Codes Of civil and criminal procedure,
were made on the 3lst day OF December. ls49. and
though the L. gisature have adopted part Of the Civil
Coco they have left untouched the remaining portion
of the Civil and the whole Of the Criminal Code. This
does not appear to your COMMITTEES to be obedience TO
the Constitution orjustce to our constituents.
We have gone over the Criminal Code, referred to
us and having made few changes to conform il to
subseQutnt legislation in some particulars, recon-
mend the passage of the whole at the present Legs
ature. II enacted, it will place in the hands OF the
officer and citizen the whole Of our law on the
subject of Criminal Procedure, and inform all
Of their dutie- and ghts. The officer who is 70 admin
oter and the people who are 10 obey the aws, ought
10 have the whole before them in an ineligible and
convenient form. There are great lncongrultles
and abuses In the existing law, which ought to be
remedied now. Why should we leave to our success
5ors that which do ourselves! Let any person
compare the forms of indictment under the proposed
Code aud present forms and tel us whether We do
not need a change. Let him read single count of an
Indictment, such we hear daily in our criminal
Courts. We will take a copy Of the indictment actu-
ally found in the case Of John &. Colt:
'CIrY COUNTY or hEw-iosS. ss-The Jurors Of the
e q NM e o9 Vton her oath present. That
John G. Colt lste Of the Third Ward of TIE City Of Ne.iofA
soressd !sborer having the tear of God before bis eyes
Icing and seduced BY the ngsion Of the devil on
the nth day Of September the Of Lord one holand
eight hundred end oyone with force aud arms the "iId
city and county aforesaid ia and upon one samuel Adams ~ the
ousiy viully and Of h malice afrethOuaht did max
se.t aud hot The SAID yoh & C" "a ecr'sI hseLe
hsua had ard held the said samuel Adams
s hen sd there flcouy ~ilfly and Of biz n.lice
ethouSt did strike and cut CIV to hiu The said samuel
NE shi the head Of him the said sssucl Ad,ms one
wound Of be breadth Of three inches and Of the depth Of
IS hes u vch SAID norte wound he, the ssd Samuel
Adams then AID there did instantly die AID 50 the Jurors
nPG hst can sa , 40 ~ S 'n, we s5 0 I
Aforesaid feloniou.y wfay and Of b; malice oiorebsush
provide ana against the OF the peopl, Of the
State Of New York ana Their disn', 49, 81 .,.i In
f-Ler present: Tia, the John Colt II the ward CITY
sid County having tAe af OF Gol before his r'e
stewaId to wit tue ish "a. Of September aud ~ the
o2Y '1s' q New Yoi sfc.sd IN AID u samuel Adani
in h raee Of God a Of he said people then and there being
fe.o ousy Wuy al ci he malice sgeihougt dia maze
another assault Aid that the said John G. Colt with certain
il rurnen the Jurors aforesaid unk which ne he said
9oh COZ "a l' sha h 10 t H., ~ $40 - the bs,l Of
him lie SAID samuel AdaIa. hen there feloniously. vii
fully AID Of h., alice sf0reh0 H-h DIT sfAe 3-d cut sis
70 hin the sid samuel hdou then and there with The said
iistraeat the Juror hioTesld unk nown 40 ad upon he
rzht 30 Il the LEAD Of l tie ,aii Samuel Adss mortal
wound the breadth # Three INCHES and Of the depth OF sA
inches which aid moa! w"d be- the sad samuel Adams,
tha, ala Instantly die. A,d % he uroTs aorcsad
n their path Aforesaid do ssy that the isd John c. Colt tho
SAD Samuel Adsns n ai e. aea orIs i t e
H., tnrn Of the statute IN such rnade sud provided
against tie psso- Of The peore Of the s.ae Ut NewloA
Ana the Juror, sfo-..id uou heir oath aforesaid do
Wv snd County o FORK aoressd hayins BE fear Of
C@a o'iSfe r' an on ,5o l7b dsy Of Sep
TENDER las, aforesaid with 'ore end arms. at tha
ard County OF New ok aforesaid m and upon
Zen anl ~ Ds S,ni, - tbs ,Le,.j Jobn
Colt with certain haohe Of The value o. sA cents winch
SAID JOh {. Colt ms right hand then anu there had
ali he'd tho sad samuel Adams IN sad rPon The he OF nm
OF s siorehough lid strike ad cut giving 20 him ne
Samuel Adams then AID there with the hsche Aforesaid
IN and upon heal Of him the ssd Samuel Adams mortal
wound Of ne breadth Of three uchs sd OF ne deph o. sax
rchOs which sd mortal wound be ne ssd Samuel Adams
stoeasid urn he'r tha the said John
C. Colt the said Samuel Adsms manner add tor s1Ie
XII ard murder against the form OF ho s'sg1e IN sdch case
ssi. o,iied aid as q ie ace II tAe people u The
@And the Jurors soresi ara their oath soressd do fur
present that he SAID John C. t late Of he " and City
snl County Of NeWi Ork stread ut wing The lear OF God
sore h. yrs bui being moved AID seiuci by the n-gtga
of. devil 20 Wit g. 18th Jay Il September. IN
So Coly q Nrgl oI aio-es' IN and uIoi one samuel
Adams ia tis pe5ee OF Goo a. ~ i17 siIi Pecpe Iel
sfo,-houSt di mske sfother assault And that ,be sid
5eha {; CO.. VITA ,rr' ~ ,l'.-'iieas 20 A' teVr
ss,i SaDuel ,us n ui7n head q lin 49,
srre ADAMS thef ard there souously wlfuiy a1d - ais
insce orehosl dd strike aud cui giving 10 him. b. said
,smus Adsu.s then aud aefe HA he ssd instrument 10 ts
aforesaid u1tuOvn j. aud upl the head of HIM the sid
60 Al Of the Iepth inches Of wch sad mortal wound
the said Samuel Aia the nd there died in 5ne year .ors-
the jurors siored, urcu ter oath aforesaid 10
-ad Jchn e.. Colt the $40 Samuel Adams, 10