The New York herald., 1870-02-08
COURT or GENERAL SESSIONS.

The Mcfarland TrinI-lIo,icn 10 Transfer
the Case to the Oyer and Terminer De-
nied-Important Opinion by Judge Bedford.
At the opening or the Court OF General Sessions
yesterday morning Judge Bedford delivered the fol-
lowing opinion:-
The District Attorney moves to transfer to the
Oyer and Termner certain indictments found IN this
court. The power OF transferring to and fro is
proper jurisdlctonal to either OF said courts.
people VS.. Shepard ii Abb, Pr Rep.) 1t Is one OF
discretion. think the power should never be exer.
cised without public motion and on notice to the
District Attorney, n proposed by one under indict.
ment, or If proposed by the District Attorney on
notice to the adverse counsel or party. In one OF
the cases asked to be transferred the c0un-
sci for defendant raises certain objections.
Criminal cases are now too much burdened with
questions naturally arising to have unnecessary ones
raised that may additionally embarrass their due
disposition. shall, therefore, decline transfer
the Mcfarland case, In which the objection Is made
will transfer any case In Which both District At
torney and the accused or by his counsel. agree in
writing 10 the transfer: but II either object would
like To be Informed argument OF the reasons pro
ana con before exercising discretion After arriving
at THIS decision ! consulted with my colleague,
Recorder Hackett, whose views with regard 10 this
question, l Will mere mention, fully coincide with
my own as above stated.
The January term was then formally closed by tho
cYier Of the court ana the February term opened at
which Recorder Hackett VIII preside,
ras M pa Hne ., .e comssi our rUf
In the Of Daniel Mcfarland, indicted for mur-
der his counsel desire to state TO the Court tnat they
are making the most vigorous preparation for the
trial. and confidently expect to be ready by four
weeks from to-day; that in any event, IN the con-
tingency any possible obstacles they are perfectly
confident they viii be ready by five weeks from to.
day. They deem 1t proper to make this announce
ment in order that In view Of the TACT the District
Attorney and the Court, in contemplation oil the
somewhat protraced length OIL the trial, may make
the proper arrangements.
OFFER OF CITY JTDGE BEDFORD 70 HOLD ANOTHER
BRANCH OF THE COURT.
Recorder HacketC inquired OF Assistant District
Attorney Tweed-yho viii conduct the prosecution
this month-YhaE vas the state Of the calendar
Mr. Tweed replied that IL was very heavy; that there
were great number Of cases ia the olce to be DIS
posed OF and They accurnulating very rapidly.
The Recorder said that the Assistant District Al
roTnoy had better consult with District Attorney
Garvin upon that SUBJECT, and II it was deemed ad.
visable his colleague, Judge Bedford. wonld hold
another branch OF the General Sessions In order to
facilitate the criminal business. Our DESIRE added
the Recorder, IS to dispose OF every this month
II possible Ii the District Attorney could arrange
1t an order would be issued for an additional panel
OF Jurors feturlabie in whatever room oil the Board
Qf Supervisors the Board may assign for the holding
Of tne'c0u"t.
A numbe OF grand Jurors who failed to answer
to their names were fined, and those who were pre-
sent were discharged TIL Wednesday.
Edward Scott pleaded guilty to an attempt at
grand larceny and was sent 10 the PcnrenIary for
Que year.