The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-10-25

the Case-Motion Denied and Counsel
6nubbed = Extraordinary Scenes =
Charges and vindicatioas IN
expected Expose-The Herald in
Court-rhs Jury Sworn and
the Court Adjourns.
me county General Sessions yesterday presented
scene not often witnessed within It's walls. The
occasion was the calling OF the trial OF Thomas jack
son, charged with the murder OF Archibald Douglas
on the 29th OF OCTOBER 1882 At the opening OF the
halls the passage ways leading to the court room
were filled by dense throng OF people who awaited
anxiously FOR the opening Of the doors that they
might ma place within. Tie crowd were OF that
class who are always found In the criminal courts
when member Or representative of their body
is under the ban OF the law or Is on mis-
trial for the commission OF crime, Every
spot within the court room was occupied when
the court was formally opened by Recorder
Hackett, who presided. Within the bar were
District Attorney ex-Jndge Garvin, assisted by Mr..
Fellows, the prosecuting Officers; the clerks OF the
court, Captain McClosky and his assistants, and
several citizens who, through favor were furnished
with seats At the counsel table outside the bar
were the senior counsel OF the prisoner and his
assistant, Mr.. Kitzng the prisoner himself Thomas
Jackson, the prison official having him In charge;
several OF his friends and some members OF the
bar, attracted by the interest attaching to the
and from their presence they anticipated
scene and some unusual exciting byplay from their
knowledge OF the character of the prisoners senior
counsel, who came into court with more than
usually large amount OF professional ca.
loric. and therefore corrcspondingy chol-
eric. These gentlemens expectations were not
doomed to disappointment. as VIII be seen from the
extraordinary course the opening proceedings took
under the choler.c cOunsei's management All the
seats reserved for the accommodation OF the whole
panel of jurors summoned were occupied the at
tendance OF these gentlemen being unusually large.
With the exception that there were no ladies pre-
sent to grace the scene and listen to the fervid
though erratic eoquence OF counsel, the court room
OF the General Sessions presented yesterday quite
excited and animated scene as on the first days
of the Mcfarland Richardson case.
Besides Recorder Hackett, who presided, Judge
Barnard, OF the Supreme Court and Judge Cunning
S. Bedford occupied seats on the bench.
OPENING PROCEEDINGS.
Order being called, and after little time enforced
by the crler of the court,
District Attorney Garvn rose slowly to his feet
and having attained his corporal attitude thereby
completely shutting out from view his associate MI
Fellows, turned majestically TO the bench and called
on IN the usual form The case OF
THE PEOPLE vs. THOMAS JACKSON.
The Clerk then called the case IRON the calendar
upon which jackson rose up and listened to the
reading OF the charge In the Indictment that he
said Thomas Jackson, did, on the Doth day of Octo-
Der, 1862 betw cen the hours OF tweive and one
O'Clock, In Battery place. near Washington street,
in this CITY, shoot one archibald Douglas, ana that
from that pistol shot Douglas soon after died. To
this Indictment the prisoner pleaded not guilty.
SINGULAR OBJECTION.
Senior counsel Tor prisoner now arose. and having
given his hyperion curs hitch to keep them from
anAt l.fo
that brought MS orbs. like bassks, TO bear directly
on the. Bench, whom. he intended to demolisn
ton OF my professional oath If did not make an OBJ
lection to the Recorder of the Cour presiding the
trial In face OF the facts forth the aridavt
which Will now read.:-
The Peop'e. Sc, Thomas Jackson csv and Couny nj
sSsss s a s ls
been Informed and believes A. Oakley Hail. ESQ., four
;es gSss N the 5
a1a end . Of Ss
import; and xs that At the time Of making
that since the in question this proceeding
" s q Ssw
enns its character and tina. from the them
me a would been e eou'1ip
eance II their illusions this dcponent believes and onarsss
nstgated BY him and published through his
tces In fact ahave been or the result personal
this deponent believes and charges feeling of
Mr. Hal against him proceeds from isud between him
arising beginning OF December 1862 and
alleged to be from that sep!lsnsn published in different
personally upon Mr. Hall Tha. It 70 have
ns sse
ss BY aa.s this poss and s
Sl s deponeS sa &c e II a s trial
sion now existing S these
the former and the gentleman referred to with he latter
with whom this deponen seems to be placed by his (vua
And this deponen further saith that he been in.
Recorder Of the city YORK that il is matter Of
the Judicial action Of the and has the
judicial acts OF the said Recorder in important
with and exhibit the peculiar sye Of wei As
pes of question and fact involved trials
And this defendant further saith that he s advised BY his
permit his case to be tried III be prevented
and impartial before the said Rec arder from the
generally known S M; and ad%,d influence Of MI Han
wead be e he asas him on his coming trial. should
THOMAS x JACKSON.
Sworn to before me. this Gath day of October 1870
j. H. McCOMB, Commissioner of Deeds
The Recorder, IN very calm and quiet tone OF
voice. said that the motion very strangely from
man occupying counsel's professional position. He
trusted that the counsel for his own seextenuation
when he resumed his better mood, really at the
sent time believed that the statements and aega-
tons That he had just read from the AFFIDAVIT Of his
client were true, With regard to the allegations
connecting himself uhe Recorder and Mayor Hall,
he had only TO say tnat he had occasionally awaited
himself or the great experience OF Mayor Hail in
criminal cases, but at no time did he have any con-
versatlon with Mr.. Hall In reference to this parti
GUAR case. have no recollection at any time or at
any particular place having any conversation with
regard toit and the charge made by your client is
utterly false.
COUNSEL sNuBBED.
counsel having previously started TO his feet, and
showing All evident desire to interrupt
the Recorder sald-Counsel will take his seat.
Counsel (gowing)-I take my seat; but 1t is only
here you can make me SIT down. Suppressed sen
satOn).
JUDGE BEDFORD TAKES HAND IN.
CITY Judge Cunning L. Bedford, who, rs previously
stated, occupied seat beside his colleague che Re-
corder on the bench. addressing counsel, said
that IN justice TO his colleague he felt called
upon TO make some remarks pertinent to
the extraordinary issue that had been dragged