New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-02-02
CRIMINAL COURTS.
COURT or SPECIAL SESSIONS.


before Justice Kelyl
WHY ADJoURNMESTs ARE WANTRD.-These attempts ny
LAWYERS 10 obtain adioummcuts, TO have their cases
held open all have OF single object, 10 secure
advantage by delay The excuse of the counsel always
is that material and indispensable witnesses absent
and that lis clients interests VIII be prudiced ana sad
injustice done him. uress time IS granted to procure the
evidence tOJusliy tIc deiehdai IN Nhht e uu OF ~
least 10 be considered In mitigation oI punishment Ihat
this s ia cases true statement II facts, there can
~ be doubt but IN three eases OUT OF ouf he
delay sought NOT for the purpose Of finding the kans
witnesses in order to have them appear but OI undg
them IN order Ia lose them lhncoialcy so eIlScudy
that they cannot discover them ON tho day OF trlaL In
other words, IN very many Instances the witnesses are
bought Off are induced TO leave the cy or at any rare
place themselves beyond the reach OF subpoena In
order that the important day OF Trial the evidence may
fail and the culprit escape.
In eases Of severe aud nurderous assaults where the
complainant has been severely cut, beaten or bruised u
al the delay he can possibly induce the judge TO
grant. In order That the cOmQhlahte wounds iay MY
time 10 heal Many time, when man has been severely
beaten about the head he has refused 10 have the wounds
he AXE Of erect on The susceptible magistrate present
himself in court oil CORY, bruised, and bat
S ST two SO or three days TO have their %oands
washed and dressed trusting TO their saueherhouse APP
and the Judge. This of course was carry the thing AZ
together too FAR and NJ last served only 10 provoke rd
cuc Instead of citngp and their counsel were speedy
a on az - sri"ns earncst about n Which merely
bloody face does not carry with IT, aud 50 II becomes
,P trij M - min Tho .aunds of his occuSer have
magistrate 10y scores he cannot, unless he be
professional surgeon as well as lawyer,
decide whether tie old and rs long
tins matter u undecided, the accused has or course the
full benefit " the doubt Hence IL happens that IN very
many OF the violent assault and battery eases, the
eloquent appeals 20 the Judge not To deny the client of tho
addressing counsel the right 81 an Adjournment IN order
that this witness may De found means IN reality Please
don't lock my fellow up today; II you'll only give US
week two the other fellows head VIII be- all wen again,
aud he viii be sound nut" Sometimes the
appeal - successful; more frequently, however,
10 il NOT. Nevertheless the counsel does not
fan 10 urge n with all his vehement elOquence, even
though ne knows full well the utter inuty OF all he
SAYS But he give his client the idea that he Il earn
ing his fee But the greater part OF these appeals BY
1onbs counsel for time end az they begin simply In
words. words words" But whenever a spectator sees
counsel for defendant In an assault and battery case
eNertng himself TO the very ntmost, displaying
every artifce To secure n pOstpOnement or the
trial, he may make up his mind at once that
somebody's head has been very badly broken
aud persons face very severely punched and that
said somcbOdys doctor is using his healing lotions with
such effect the head is likely 10 be sound
as ever AdiOurnments for the purpose Of bringing Off
witnesses tho cOnpainants themselves fire.
Qucny sought, and, the magistrate has power OF
Judging whether not the application be made in good
faith these requests for time frequently granted
The first hour of the session Is usually taken up In
this every Court day much to the disgust OF those
who compelled TO s and listen TO the old fashioned
arguments aud the even newly-inyentcd lies.