New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-03-01
THE DYSTRICTATTORNEY TO THE
POLICE JUSTICES.


District-Attorney A. Oakley Hall, ESQ.,, has cd
dressed the following communication to tie Board Of
Police Justices:
DISTRICT. Ar1oESsr's OrnoA
NEW YORK CRY, Jan. 70, lsoS
To n, hoard cf police Jrsrise,
porturity afforded BY multarions dulles 10 teoder
hs regards and respects officially to your Board, snS
20 address few oo,ervaiODs with view OF eetab-
lisbing perfect raPDort and understanding between
the Justices and be operatives OF BIZ ON e.
lie has detailed one Of bis office force 10 the ConrS
OF Special Sessions to aid iis er aud Justices, Ed
tfeiy in their discretion, and without any IDEA OF
attempting any supervision over OF ln'eriefence
with ibe discretionary details Of lie Court. 1be
undersigned will, however, slwsys stteDd 40 person
upon any important case or inquiry, II 80 sdvned ~
The Court clerk.
Tie UNDERMINED hae also directed messenger 10
call eacn morning a, the Essex, Jefferson, and Halls
~ insicf court, for the purpose OF receiving any
,ales cognizances, MESSAGES, aud the Ike, for the
Office Of the Clerk Of The Genera Sessions OF for
tLls Office Tor tue Court; sDd 10 THE connection
be begs 10 hope that examination pap.rs msy be re-
Initt.d as fast ~ completed. The undersigned will
al any iiue aso return sgch papers for examination
wheu requested bv the magistrates.
Nor in the legal OpuIpn Of the underslgned
lba,ed upon tie case of The Peolle sgt ChanlaiD,
Cori,iock, SOL does The liking ny uiagistraie Of
recognizance IRON prisoner, voluntarily rnterilgn II,
interfere with the valiIny OF tie exsmnai on, or
the mseelgs es right to continue II, even although
the recOgnizsnce ia Ill lie FLED in the proper CVart
provided the papers have ho' oeen nieo ~ OouIs
So Tue revised statutes speak Of the exanio atoms
and recog nizances being certified 10 The next Court
Ihe whole matter 10 10 tue Dasistratr die eioD.
IL lie too often forgotten that nDglsirate oas No-
mon Law powers, as well Is those defined ny stat
utes, which common law powere operate when no
statute forbid.
Both the common law and the statutes require the
Magistrate To inquire INTO the whole mater. III,
therefore, before indictment I'D after the exanina~
ton papers have lett tie Mag original Gus.
tooy he discovers on information duly lodged that
be has not inc oil ed into The whole mailer, IL II both
his night and duty ~ proceed with tie examination
IL is true a recent law obises recoyoizances and
complaints 10 10 filed In tea days after they are
taken.
But the undersigned does not coostrue tina law -
modifying any rule previously existing Il is for
the r,ayi.trse to decide Juoiciaily WI on recog.
nizapce or a complaint is taken Is hnalty. Other
contraction would Oh i've ,kIice within Ten days
tU fle the first atidsvt taken. He may require
twice ten days TO obtain full testimony, &C., &c.
The undersigned would be otis,d II the Board
would instruct request tie police clerks ~ whose
papers the uDderrg-d, on Iesuning al ONCE Torn.
erly held bss, 10 LIS great ,se And delgbt, f0ano
tar far III advance IN every instance OF some very
poor clerical spe, meDs years ag"l whenever iooofe-
log the name VI witn,ss wuoec affidavit door hot
uppear NOR il that aJa,it lee, ssiy, IT the corpus
oeofa be eolorsDIy shown, TO briefly Tote what The
gitpe.s knows; as for instance Johu DE " saw the
occurrence" Or "obtalDei Ihe spoonr, or lex.
auineI bis wounds, or "cau identity prisoner
&C., Ao., &C.
The undersigned also begs TO suggest ttst greater
discretion NAV be INDUCED IN rerpeeiios apparently
f-lvnious assault and battery re are many cases
already in this otice-,ou, liinIs sbd indic melN
botu-tha could he we'll nave been tiled 81 the spe-
cial s-ssious. Two Hbeuisn LADIES' IN worth
street al ts king each other with KNIVES, &c. intend
% more felony Iban Two Yankee girls DO When
fencing with 6rooms Tue taine may lie said Of men
IN certain nnks OF lie.
By sct vi 1855 lhe Spell Sessions was given
power % be AZ, determine. apd punish, according
10 law, all m-demeanore, which, ~ Tue judgment
Of The unOerei ed, gSee 1t power 10 seDd even 70
[ The STATE Prison, upoa tLose Utienses specifically
calet by statue ui-demeaDoTs isuch as seiuc,ioo)
slrbo.gr the Punishment ID State Prison. The Re
yised >,a,oles are controlled by lie special laws
A Judge on babess corpus has, understand de-
cided tnsr the Court of Special Sessions could not
punish over six mouths. foe QUESTION could pos
/ .u,ely have been argued before tim. Inc worde
have Quoted overri ie previous laws, snd are very
broad-' mower 10 punish scro'dipg 10 law, all 0is-
demesnors that Is 10 say 10 administer the punisn
,,.uf. liked by law W any and ell misdemesnors.
Nor does the undersigned understand tDst became
larceny from the pereVu be n'aGe equivalent 70
grand iarcepy II must be go made 10 all cases. Cases
of trst oaenders--cases where liberal discretion
also sy be used have already occurred 81 tbis term,
prom ptisg these reflections.
The uuder-i med will always be found cooperating
with your jard and lie me noers IN such matters.
It's well known thai the undersigned drew the
acis OF 1859 and 1851 enlarging tue jurisdiction and
changing the constituency Of The specil Sessions:
Il war hs aim ard intention 10 couhue The Court o.
General Sessions 10 heavy and grave csses-embez-
ELEMENT fake preteDsee, boni,ies burglaIies, ar.
SOUS, &c., &c.-to try which, indeed, requires I'll
! the time OF the Court.
\ Hence the Special Sessions and the Jingle Magis'
rates in tryiug and taking complaints, csu, keep
ipg the-e considerations in mind AID by exeriing
a sound di-c,euon, very much relieve the General
Sess.oDs, and benefit Toe public, by allowing more
attention to re given to grave bail csses.
| With greet respect,
A. 0AkEY HALL, District Attorney.
At q meeting Of the Board held yesterday, the
Committee on Communications reported fAvcrably 70
the Dstrict.A torneys counsels, and the repor Va