The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-10-25
THE TRIAL OF A NJ RDERER
ExTRiORDINARY SCENE IN THE
GENERAL SESSIONS YESTERDAY.


John Graham Frdcnvors to Overturu the
Court .rmness OF recorder nncsrtt-
Judge Bedford's Remarkable speech
John Graham Wants Figkt-NIayOr Hall
Declares Graham to he a Lunatic.
The trial of Thomas Jackson for the murder Of
Archibald Douglass. in Battery place, near wash
ngton street. the GOTH Of October. 1865. called
large concourse OF people together al the Court OF
General Sessions yesterday morning. Tie pressure
Of the throng vas so great that Capt. MoClossey,
the G. commander OF the Court officers, had TO sum
mon all his forces to keep them in order.
Recorder Hackett and Judge Bedford were both
on the bench. where trey were Joined BY Judge
Barnard before the proceedings got under way.
District Attorney Caryin and his assistants, Col.
Fellows and Gen. Tweed. sat in portentous arrsy at
the prosecutors desk. John Graham. with his junior
COUNSEL MIR Knitting eat on the opposite side OF the
railing rapidly running through pile oil documents
and law books and eagerly shoitine a wo-hundred'
pound Parrou for the Court The roll OF juror.
having been gone through the prisoner was called
to the bar. and Judge Garvin arose and said
MAY Il please the Court, move for the trial OF
Thomas Jackson"
As soon az Judge Garvin made his motion, Mr..
Graham sprang to his feet, and, in manner so in
tense as instantly to hush the audience to breath.
less silence, said:
JoHs FIRES HIS rwo-HusDRtp- FOUNDER.
MAY It please the Court au one Of those who
believe that counsel should know no man in the
world save his client, nor ANYTHING except his
| clients interest ] know that that sentiment has
been recently mathematical from the bench In this
city, but nevertheless avow myself as an uphodor
OF u. And believing thus. feel constrained 10
make preliminary motion In this case, when.
much reluctance. However delicate II may be TO
object to the presiding of Judge upon trial.
however painful and embarrassing II may he TO take
such a course, feel constrained by sense of duty
10 my client aud by tie 1Olitaiions OF my nrotes
snna Ua'l to object and do object, to the trial Of
| INV client by Recorder llacketi.'
The Recordcr-Upon what ground, Mr.. Graham.
| do You make your objection
Mr. Graham-Upon grounds set forth In m afida-
vi, which hold in my hand, and which will hand
to your Honor TO read, as do not wish TO read It
| myself to the public in this ROOM and upon the
| Grounds that your Honor Is rrcjudiced md under
influences which win prevent my client from rceey
log fair trial at your Honor's hands.
The Recorder-Read your eridayit
| MIR. Griham-Then YOUR Honor refuses to read
the AFFIDAVIT In privae'
| The Rccordcr-I decline TO have anything 10 do
with any privacy in the matter. Read your AFFIDAVIT.
| Mr.. Graham-HavinG no alternative | viii read it.
| Mr.. Graham then read the affidavit, as follows:
| JAcKsoSs AFFIDAVIT.
|
| and Tor the city and county Of New York Tie
| People. SC agt. Thomas Jactson.-City and county
above named, being duly sworn deposoth and saith
that a. he has been informed and believes A OIkeI
Hall. Esq. some four months since publicly re
| marked in a conversation at the city OF New York,
that he lad never wanted to see aud did not then
want TO see but one mnn huuE and that was Jackson
| (meaning tins deponent, or words almost Identical
with those and II the same import: and that at the
time OF making that remark he eIntbited both feel.
| ing and bitterness That since the occurrence In
at ion in faRdiu M
| tory notices have appeared in some OF the newspa
| pers oi tue city ~ New York, wholly nisrepre
sentng It's character aud that from the style OF some
| OF them tins deronert has eeen Informed and
| believes iley resemble the style Of Nr. Hail. and
| would seem 10 have been contributed by him while
| others, from the Toini"'uess aud eitr9vagHoe y.
| their a"sions, this depcntn, believes and strcs
were iusussirJ by bin and pubi-red throGgrbi-
most OF thest notices. II not all. ave been or ~err
the result OF persona. or luit-! malice. That. IS
this deponent believes hud sLirgeS the feeling oi Mr.
Hall against him nroe~rGs rom a feud between him
and another prominent pnblicman Of the Democratic
faith rang q or aboui the beginning of December
isCs, nd heightened by different political matters
ana occurrences since that tine. and p r'icuary by
= defamatorv card obliged &c be from that gentle.
New lors. severely rejoicing personally upon Mr..
Hall. That Il appeared 10 have been assumed that
this deporent was political friend and sSmpathizcr
of and with that gentleman and II has been deter
| mined, rs tnis deIobent believes and charges, n
least by outside political influence. and so tar as
that influence accomplish IT, that the trial OF this
deponent shall be the Vindication OF ("ha'
10 called) the 1ammany Democracy, 10 the
dissension or quarrel now existing between
these and (Nhat Is called TIE Young Dcmocracg.
That Mr.. Hall is Identified win the former, and
the gentleman referred 10 with the latter, with
whom tins dcpon,nt seems TO be placed By his (yir
tuaD prosecutors.
| And tits dcvon, mt further saith that, as he hiss
teen iniorucd believes, and chsrrcs, Nr. Hall j.
related the present Recorder OF the city Of New
YORK. hat II ,s natter q general uoturciy; thai
| he very much advises, controls and Influences tn,
| Judicial action OF the said Recorder; and that the
| Judicial acts Of the said Recorder in important
| cases. and on important trials, are maniiesuy and
undena9b imtfe~ei WIN and EXHIBIT the peculiar
| style and conf ositon as well as the views and con
illusions Of Mr.. Hall upon the legal principles and
questions Of act involved in those cases and trials
| Aud this derorent further saith, that he Is advised
by his counsel and verify believes t1at II would be
impro[er to UcrHii ms 10 Re tired. II IL be
prevented, before the said Eeo'rdcr, and that II vi
| be utterly impossible to have h far and impartial
| trial before The said Recorder, from the generally
known ard almiit-o Influence OF Mr.. Hal over AIM
| winch r. ttr- dcpInenN verify believes and charges
would be cScrlod against Lin on MS coming ri-
| should II take place before The tad Recorder
THOMAS = JACKSON.
sworn to before me, this tw fourth lay o.
| Commissioner OF Deeds, y \. Co.
The AFFIDAVIT was listened to with profound silenc,
and intense interest When he had finished reading
it, Nr. Graham proceeded to comment on i,s con
tents and argue his motion but the Recorder in
terruptcd him, aud with emphasis and dignity said
| RECoRyER uACkgrT's REMARKS
"Mr. Graham, cannot permit you to discuss thi'
matter at ALL ! am surprised that you should hav'
dared to present such an extraordinary sridaN II
! You know, or at least you should have known Thu
| influences and principles when rule In tits Court
hd how baseless are the allegations which you hay
| brought fol ward in that an ayit Nor, sir, do
| trust tat you believe in the statements which yol
have mace. DID know, or did in the least be
heve that .ad the slightest prejudice against TIL
unfortunate man who Is now placed on trial Tor hi
lie nj the bar Of this Court, thould need min
from you, or from any other man living, as to VIVA
my duty would be In such case, Thus much, per
6onal TO myself; aud now as N Mayor Hall.
| "Mr. Hall is q magistrate like myself and gen
| tleman Of great experiences and uncommon learning
| In criminal Jurisprudence. ! sometimes avail my
| self OF his great learning by way u counsel an'
consultation, but he has never Influenced nor sougb
| 10 influence, nor could influence, any deClsion Q
mine IN any sense, not legitimate and in perfect &C
| IOIdsnCo with the most conscientious discharge q
| nv duty. am ready TO be oateclised In this mat
ter, TO place myself In the attitude Of Juror II yo
| please, or to take any course which shall sa,isf
| what may seem to be the requirements oil the ease
AN EIcITIS0 SCENE.