The New York herald., 1870-01-07
THE BROOKLYN ELECTION FRAUDS.
A Lively Tilt Yesterday In the Court Oi
Sessions, Brooklyn, Between the Dis
trict Attorney and the Prisoners
Counsel - The Cases Trans
ferred to the Court or
Oyer and Terminer.


The room OF the Court OF Sessions Brooklyn was
densely crowded yesterday by as motley gathering
OF politicians as ever added poison to the atmos
phere OF court room. The small fry, as o matter
OF course predominated, In point OF numbers, and
the big bugs were on hand IN full force with their
most extensive diamonds glittering from their
cIeanest shirt bosom and their delicate. ~ fingers
Over full half hour elapsed from the time the
room was thrown open until the judges took their
seats ana during that time the audience discussed
In low tones the merits of the that to be
tried In some instances bets were made on tine
result OF the trials ana the money put up.
When Judge Troy, accompanied by Justices john
son ana VOORHEES, came In, the District Attorney
said he was ready to the trial OF the cases
set down for arraignment to-day and he had sum.
moned some witnesses, but he understood that the
counsel for the defence had motion to make in the
matter.
Mr.. Britton, the counsel for the prisoners, then
rose and sald:-when l undertook the defence OF
these cases expected to appear before jury fairly
empaneed, and before court fairly admins
tered, and did not doubt but that would be the
case If they were tried In this court But
reform club or any other political body. What
ideas the District Attorney may have by seeking to
transfer the trial OF these cases to such an assoca
tion 40 not know. But the District Attorney has
taken occasion to say, under such circumstances
as we have indicated and to such 0 body, certain
things relating to these cases IN which he has made
Districr Attorney Morris-I expect that the Court
Judse dee toy Would prefer not 10 have this court
turned into an arena for settling matters which
transpred outside the court and with which II has
nothing to do. Turning to Mr.. Brtton he 4aid-l
think your remarks relative to tine doings OF the
District Attorney outside the court are not In place
here and the Court has nothing to say or do with
thnS ma tprsw
and do not propose to pass upon the proprlety or
improperly OF the actions Of the District Attorney
Mr. BrittOn-I have moved all these cases, except
nine which now hold in my hand, to the Court OF
Oyer ana Terminer, at great personal inconvenience
20 myself. They would ali have been moved but
that the pile OF papers necessary for the moving OF
1t In the time alolted. give notice now that shall be
ready on eny and all occasions, from Tuesday morn
ing next, long as this Court OF Oyer and Termner
may sit to try the cases. and shall be prepared to
meet him and submit the grounds Of my defence,
and shall askthe District Attorney, If he Is not
to be ready 1t that time 10 Try these cases. As there
are only nine OF these cases left shall now move
that the Court transfer them to the Court OF oyer
and Terminer; and with regard 10 my motive Tor
transferring them, only say that my clients on
consultation, and Tor reasons best known " them
selves thought that IL would be desirable to transfer
disrespect whatever to this court, and do not in
tend to express any want OF confidence In Its Impair
Judge Troy-The Court cannot perceive any disre.
spect the motion made by the counsel for persons
charged with crime have the right to be tried in any
court which they may select That Is = legal right
ali persons have, and when man comes into this
court and that he cannot have fair and Impair
tlal trial we have always moved OF our own accord
that his case should be transferred into some other
Mr. Morris--I do not propose to say anything in
justification OF my course outside OF Tins court.
am able to take caro- OF this elsewhere. can excuse
the counsel Tor bringing those matters into this
1t is part OF the business of this transaction to
attempt to try the District Attorney shall be ready
to meet the counsel on all points arising the e.
and think l know that l am responsible to this
Court for my conduct In court and TO the citizens at
large for my conduct elsewhere. will answer to the
citizens and not to the counsel On Friday morning
l was ready to proceed with these cases. have
been anxious TO bring them TO speedy trial. The
counsel then suggested that ne had not had any mo
to prepare himself to meet the legal questions in the
case. He had ne said, devoted MS evenings to the
preparation and study OF the matter ana said II The
cases were put over until this morning he would be
prepared in this court TO make q motion quash
or else to interpose such plea OF abatement as ap
peared necessary.
Mr. Brltton interrupted the District Attorney ana
said:-"I did not say that would be ready TO try
them In this court"
Mr.. Morrs-It was said that If the motion was
overruled they would be ready to proceed with the
Judge Troy-I 40 not know If it was said 'rn this
cOurt.n
Mr. Morris--I subpnnaed witnesses to proceed TO
the trial OF this case this morning. Yesterday for
the first time | learned that on the very day the
counsel made this statement to the Court That orders
were made III some OF these cases removing them 70
the Oyer and Termlner for trial. These orders
not 1led In tnc county CLERKS ONCE until yesterday,
and have never got the slightest Information from
the counsel that 1t his intention to these
cases to tnat court for trial. l understand the
whole OF this proceeding from che beginning to the
end, and will state this, tnat In the orders trans
ferring the cases to the Oyer and Termi-
ner there Is no ntimation that. the parties
fear they will not have fair trial In
this court find no fault with the taxing Of these
cases out OF this court but find fault with the man.
ner in which 1t was done. The cases have been
moved out OF this court, and Of course cannot pro-
ceed to trial and have nothing further to say.
Judge Tr0y-rhe Court has always been anxious.
when person coming before 1t for trial desired to
be tried IN another court. to grant him his desire,
and will continue to do SO.
Mr.. Britton-I Will now ask the District Attorney,
through the Court, II he has stated occa
slons that he got these cases ready to be tried
Friday last but that we were not prepared; and il
ne did was 1t trueY
District Attorney-l stated on Friday last that
would be prepared to go on to-day, but did not know
tnat the cases were to be removed.
Mr.. Brtton-I would now ask If the District At
tOrney does not know that the court was not con-
vened Tor the trial Of cases on Friday last.
The necessary order was then made transferring
the cases to the Court OF Oyer and Terminer where
upon the politicians and their hangers-on LETT the
room