New-York tribune., 1870-10-25
THE COURTS.
THE DEMOCRATIC WAR.

-, hoa Douelass 30 long deferred. was begun in the
Court Of General Sessions yesterday before Kecoruer
| Uockett and "A crowded Courtroom. Distrlcthttorno'
or,n and bls Assistant Mr.. Fellows appeared Tor the
,ro.ecution and John Graham and VIM r. kin'zing TOT
a., ,r Jncksop took his seat In the prisoners DOk
ItIo heforc the opening Of the Court ana appeared ~
ne oue calm on the bench with recorder haoko.t T'.
t,d,os R,rnard and Bedford. AZ soon rs the co'it
onened District Attorney Garyn moved that inc tra :"
yro,,son he taken up. Mr. Graham immediately arose
and said: ..o, ,,o,,,s mn
one OF those who believe that counsel KNOWS no
- A., ,is world but his CLIENT and however much tnaI
continent has been anatbematzed-and IL mas Deeh Eiy
rcccntly from the bcnch-I subscribe 10 t' lha'e uo
&, for % wears and now in tho evening OF my ProoS
sonol days don't to depart from that RUE nov"
ever delicate it may be to take obIecuon 10 tne Po
q, ,be dge indgng at trial. particularly upon tr
NJ this kind nevertheless, under my proieSsioha oa',
nd ieId,np In nv convictions formed upon my honest
L,owIcdoc and belief DESIRE with all respect In the
discharge of that duty to object TO tne & rgh' Vi yum
ecorderMay ask upon what ground you make that
| motion c,,,. ,,hioI dosire IN read
90 MI n nvatcv The ground this, with all respect
that before yonr Honor he cannot have far ana an, I'm
rti2 trial That Gar ySHr d control that will deprive him OF
trial Of that & descliPton.d ZIP rnad vour affidavit.
Mr. Graham-Then your Honor refuses 10 reau IL pri-
Mr.. Graham then read the following affidavit; o,...,
court oC General sessions y ne Pee 5a ah' So % % and
CoSay Of York Thom' Jackson the defendant @
being sworn, dPoseh and saith that as be has tea informed @
believes A. oaEey i m f New that he bad never
IN n ~ zee ut one man hung AMI Jacks
1meng his deponn identical With those and Of e
s564 s,Pf qFf Sc 'ns feeling Gs .aa Bitterness a
M,o in qTs Tss has appeared IS, G%e S the aSP,P
kewfork wholly Pre,sn'Rs ~ n eG'f,S " IG M s yes ey re-
semSe the style a and would have been %
ausons this donen believes and charges we're ns5ei D n. an
these notices in fact all have beea or were 'ne ss.
and charges he feelings Of Mr. Hall against him pro-
ced from erd between lm s9d anohe, prominent Ppoc % d e @
hghed BY different political matters and oeeareness re- & 5e % @ la
& % % nIPbIbet IN dgeren ncwstaers City NewYok
severely rejecting personally on M Hall that il appear. TO- % have Sse9 3
with that gentleman has been determined this depSnen
that inaunce can accomplish a Of this dePonea' snail he
oa or % b soT W. el5 @ sci WITH the frmer and the gentle
u,a rfre 10 with the latter with depone1t TO be
placed by h virtual prosecutions hnl ih' de nt9t % ,
present Recorder City Of Ne~Yok, that it matter o. general
seton Of the said Recorder Judicial Of the said Re-
eoe in mpoL a., eases and WPg m s' s, . are & f moon as
conclusions Of Mr. Hall gyon the legal principles
All this defendant further he advised by his counsel 'nl
yny would be improper to permit his case to e RED
T. can be PrSss's& & Re,Ss @ @S l & s the @ Recorder
srla. him D on s co%ns ts place before the said Re-
'''i'f rnosA.S JAcz,os.
Sworn to before me this ah d' Of October Io7 ls5 Of Decd.
Mr. Graham In view Of this and 10 preserve all dell
Rgcoric-I cannot permit you to discuss this matter
am a little astonished that gentleman occupying me
position you have for many years should have dared 10
present tins most exi5aGrdnaFy apPGalSSh ~ 6Sa on
S3Id % fbe eayG % See and therefor t is an
outrage on your part TO present sch 80 10
don't believe the statements you have assumed TO be
facts; and for my own yindcaon 1t may DE necessary
tI,o xuoyV he
/ had the slightest prejudice or Dias AGAINST I uls
trial in his Court would require no suggestions from
Won or any other In reference To the course shOu
adopt Nothing should tempt TO SIT in the position
now do That personal 10 myself. With regard to Mr.
Hall, ne is magistrate like myself. when occasion was
necessary have avacd myself Of his great experience
and judicial knowledge, but have recollection at any
time place having nad the slightest conversation Win
him subject matter of this case don't believe
any occurred and the charge made by
Uar % bs is & G Sy to O0 ea'e'h''d by you
Mr. Grahani-I cannot swear your Honor before your
take your place until catechse both Of you. am here
to crafty no private malice. As long as Juror
MIR. Grahaini oushaye right to insult me in this
Recorder Ccxcitcdly)-Tak Ike your seat, Sir!
Mr., Graham-it i only here that you can insult me-
Court feel called upon 10 make some remarks Last
March, If | recoect you appeared here for jackson,
and argued against finding second Indictment for muir
der Your argument was answered by the District At
t0rney Both arguments elaborate, and out OF re-
spect TO you BOTH took days decide the qucs
ton. am forced say, for the vindcaton of my col
| league that there is 10 man for whom l entertain
higher respect than for John X. Hackct the present
Eecordcr. During three four days various points of
law were subm ted " NE, when was endeayoIing hon
oraby TO do my duty the prisoner and the people AID
there was a pressure brought upon not to hang
| convict your client; but l must say to
| Mr.. Graham-Hayc you any rght 10 pTeludlce man
who is now 10 be tried for his life by driving plug into
the mouth of his counsel and refusing to allow him o
speak Outl Is that proper?
Judge Bedlord-You have perfect freedom to speak.
Mr. Graham-You have 10 right 10 give me permission
knew The truth the public wond be influenced IN my
clients favor 1t is not consste with proprety for
you TO speak thus and unless am again commanded to
take my scat, viii protest against IT, am here TO act
lcarlessly and fairly any gentleman ON the jury
Oath to say so il he believes him Innocent it is equally
his duty to say so ana thnt ms Court Is so @ cqS
tuted that the prisoner could not ODLlh Iaf ana IN
partial trial, would be perjurerH didn't raise the
Recordcr-You have made that objection.
Mr. Grahanl-1es, and IT was made with insult
| Gaham-I am ready TO prove these allegations
! Judge Bcdiord-1he pressure there was brought to
bear was in his favor, and as for MI II I'll
Mr. Graham-It must have been made by his enemies
| with view to deceive you.
Judge Bcdiord-Ihc pressure was brought and the
presumption is they knew what II brought for As
the bench Of which am Judge has been abused by
ltcs, desire to that no politics have controlled me
since became City Judge, and II any one says 80 let him
Kcoordor-Procccd to impanne the jury.
Mr. GrlhaIl-l Here h dirty sheet hold in my hand
ltle speaker held UP copy OF The UerGid that seems
10 be me nou.hpccc OF s prosecution, and intend TO
ieitr 1t more III detail To the jury hereafter one term
the Grand Jury acted under it. / make motion that
your Honor retire from the bench and that cither-
doIt think Judge Bedford should take your place, but
one OF the six Judges Of the Common Pleas sh0dld be
sent or TO preside IN order that may present formal
challenge 10 Inc tOut constituted, and to the
pupIiety OF Your Honor s stting on this trial
kcc9rder-fhc motion is dcned Air Graham.
MI. Graham-I first make the motion for your Honor TO
rcir from the bench, and that OF the AK Common
Pleas Judges should bc called hold Court while cha
lcngc the Recorder 10 ut In trial
] kccOrdeT-NOur motion Is denied.
hr. GTaham-I take exception. | now move for
liberty to die this affidavit, which have read as The basis
| OF That motion.
The aGilaNlt was ordered TO De place on file.
Nj Graham (cUntinuing)-I have not meant 10 insult
tins Court; don't mean 10 insult n as Il Court and i'm
| mlkng tnIl mnIinn [ mnkr II sIrinf