The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-01-18
THE HOUSTON STREET HomlcIus.

4
| Appiicstisn or Ex-Reoorier Smith for .
FrIery for tho Alleged Murder OF Harry
Lazsrus-OPPositt0n OF District Attor-
ney Hall-Judge Russell Percmptorily
Sets the Case Down for Next Monday.
COURT OF GENERAL SESSIONS.
Before Judge Russell
The case Of Bernard Frery charged with the murder
OF Harry Lazarus in Houston street on the Sd inst
up before the Court yesterday The not incon
venenty filled, all the the building having
guarded by officers under the personal supcrntend
ence Of Shcrif Kelly No person permitted TO enter
the court room except COUNSEL jurors witnesses and
sons having business to transact II the admirable
| arrangements are made when tho trial comes a next
week II will facilitate the progress OF the much
AS soon Judge Russell took his seat on the bench
the prisoner was placed at the bar aud furnished with
seat beside his COUNSEL Recorder Smith Mr. Cunning
s. Bedford, J s associated with District Attorney Hall
The judge asked Mr. Smith II he was ready proceed
with the trial
state that Judge Whiting, who assigned with him,
unable TO assist in the defence Of the prisoner He
had had Interview with tho counsel who wore In the
case and satisfied that they had been dgent in pre-
pairing TO try the case; but unable TO procure i'm
portant testimony which they expected ficent time
allowed TO obtain, and without which they could
not safely proceed 10 trial. He Recorder Smh)
pleased 70 see that course Of speedy justice being
initiated in New York, because lie believed Il to be
sary and II he could that all the rights which the
Of the land guaranteed TO tho prisoner by trial TO-
day he would most cbeerfuy proceed. He asked only
for SUFFICIENT time properly prepare the case and sug
gested agreeable TO the Court that the previous
| sci be assigned TO assist him.
District Attorney Hall in reply said If your Honor
please great deal transpired yesterday or which the
gentleman is not apprzed and which it Is necessary for
understanding and approaching the application
made and before being fully able to decide IT, Your
peope You must SIR have tSa. ecned 70
say anything about this case TO refer TO its facts the
connect OF the prisoner with IT, the connection Of
tho deceased man with 1t, who Ii named In tn ndict
ment as the one killed ibid 30 because deem 1t nj all
indecorous for prosecut NJ officer to refer in ad
vance the history OF case beca What he says may
possibly prejudice t. Thus the prosecution is always at
disadvantage because much Is said the other side
which addresses itself naturally to the sympathy of the
| is TO DO selected Much is said that cannot
! very readily be answered, for the fair and merci-
DO allowed, without at all referring in detail TO the
facts OF this case, TO say that consider tho rights Of
that in which they presented yesterday. !, Of
cOue and Honor OF course, knows distinction
rights OF the people, placed here, your Honor
the IN ted bar Of the city q New York am not only
scapegoat for of everybody in tho drectorythe
scapcs that is sometimes sent out into the wilderness
of public opinion to for those sins Now, &C
oept both those positions very good naturedy and pho
sophicaly at all times desire TO accept that position
BOW As SAID yesterday The ,Sn us gpe upon ss
allowed TO observe that il yesterday this case was ordered
to proceed to-day ii must be ordered TO proceed There
eau be no distinction between counsel Yesterday dis
tngushod counsel ayowed that they were unprepared 70
try this case to-day distinguished counsel makes the
wrong Of counsel il Is question ht wrong Of the
client Has lac had time to prepare for this caseY That
the question which your Honor - bound 70 answer
think that normedyOur conscience yesterday OF the
facts, which need not day DO rccpitulated W me-
gave chronological statement OF this case II 10 very
Important sir that we should ascertain at the easiest
practicable moment whether II is possible after swing
due and legal notice To alleged offender against pulls
Justice that on certain day he will DO placed on trial
Justice able In this city 70 perform it's promise 70 "
community for the rights OF tho people relate 70 the
community while the rights Of the counsel relate % but
one man The people always at disadvantage in
motion like this Where is my clients who is my clientf
The most psrec. essence Of 1 that could %
scented In county million atoms Of humanity malo
up my client and you would have to ss down for dag
speak, from head 70 foot he IS not hers appeal
TO the sympathy OF tho ury ne Is not hero 70 appeal 70
The prcudiros Of anybody thu. may % y oGS 1 nm
am tn the man 70 DO criticised and % DO badgerd
here is : tangible client before your Honor and
before the jury, in whose behalf sympathy can
be evoked BY his appearance let alone the eloquence
and ingenuity Of counsel Thus your Honor pcrccives
that NJ every point the people ID at disadvantage
csim therefore TO sum this matter all up IN very lew
words that the people here in court ready TO try this
had rights yesterday which your Honor protected,
and have rights to day which your Honor should a.
1
gentleman client has had full time and opportunity to
prepare himself for trial think you to day as
you said yesterday that no had II this distinguished
counsel like those Of yesterday, finds himself, rs they
found themselves unable 10 carry on this matter thcn
otheps must take his place,
Elk Recorder Smith replied asserting that tho notice
short since no Assigned he not even having
prisoner yet that he could not proceed without
some preparation. All he asked reasonable time
Judge Rssel said that although tho rights o. the PEG
pie had not changed since yesterday tho position OF tho
prisoner somewhat different Yesterday he was
nd Inv
case he represented by assigned counsel
Under those circumstances he did not feel justified In
pressing on the trial Immediately; hut he would pc
ronptoriy set tho down for next Monday. The
Court assigned Mossry Scdgwck aud Stuart to assist Mr.
| Smith In the defence of The accused.
| The Court then adjourned ill Wednesday.
City Intelligence.
The PuBlIcArioS OF Incomes PRomWan.-Orders have
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