The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-10-25

of New Yorlx-The Recorder Requested to
I.enve the Bench.
The N Y. Eoening Post of yesterday says:-
The loDg-deferred trial of Thomas Jackson, for
4 the murder of Archibald Douglas in the First ward
began before Recorder Hackett, in the Court OF
General Sessions, this morning. Long before the
hour Of opening the courtroom was crowded to ex
cess in every part An extra panel OF one hundred
forty policemen was provided to Keep order in and
After the Jurors had been called District Attorney
Garvin, who, with his assistant, Mr. Fellows, ap-
peared for the prosecution, his readiness
to proceed with the trial The accused who was
represented by John Graham and William F. Klnt-
Zing, was then called to the bar. Ia appearance he
has not materially changed during his long con1ne
ON the bench with the Recorder sat Judges Bar
nard and Bedford As soon as the prisoner was
brought to the bar John Graham arose, and then
followed one of the most remarkable scenes ever
witnessed in the Court of General Sessions and far
SURPRISING even the noted encounter Of Mr. Grab am
with Noah Davis on the Mcfarland trial.
Mr. Graham said he was one of those that knew no
man but his client, however much this idea may be
condemned by the press. He had now a motion to
make, for the ground Of which motion he held an
Recorder should not sit on this case, could not
act impartially in Jackson's case, he would submit
the affidavit to be read in secret by his honor it
reflected upon his action as Judge.
The Recorder called him to order, and said he
should read the affidavit aloud he did not want
any secret in his conduct of the case
Mr.. Graham then proceeded to read the following
affidavit, which created decided sensation in the
COURT
CoURT OF GENERA SESSIONS OF TIE PEACE IN AND FOR
TIE The Pao ASR 9g 9P County
OF New YORK s~T6omas jackson the defendant above.
amfSs Sasn Sfns a snd an5
@
see and did not then want to but hung and
with
sed It both the esng Of and
some OF the newspapers Of the city Of New York wholly
some them, this deponent has been informed and be-
eyes they resemble the style Of Mr. Hail and would
ponednes and Of their ausons this de
resa Of SOS nTf
this deponsnt believes and charges the feelings of Mr.
fs Of the d
and heghtsned % BY inc different pocS pc matters
s.d GG 65 to be 0 1d BY
published in different in the city OF New
dent believes and charges at least by outside political
tRas sSs Be the
hsYouns De%9srsey: That M, Halls Identified VIII
with whom this deponept seems to be placed by his (vr
And this deponent further saith that he has
sfd on S cs @ New Ma Ys is related s t the
matter of general nooriety that he very much advises
RssoTder that the judicial acts Of the said Reserds
important
and undeniabiy impressed With and exhibit the pecSlia
style of composition well as the views and conclusions
involved in these cases and trials o'
his counsel and verify believes that would be mpTope
to permit bis case to be tried & can an be prevented
have and par Se s
Fl MI Hail him. %hoS eSis dsponsnt YeTiiS Ss
and $ .oSS sR s psce b him a
'D''' THOMAS JACKSON.
Sworn to before me this s4S hdaUM day Gt 3oGG6ST is
The Recorder said he could not listen to any sucl
charges.
Mr. Graham then moved that the Recorder vacat,
his place. and that Judge OF the Court OF Common
Pleas take bis seat upon the bench, while he (coun
se should catechise the Recorder as to the truth
the facts set forth in the affidavit.
The Recorder also denied this motion, remarkin
that though he may have occasionally availed him
self of Mr.. Halls knowledge, he would be the frs
person TO retire from the bench if he believed tina
the slightest prejudice existed in his mind agains
any unfortunate man on trial for his life.
Mr. Graham persisted in making a speech de
nouneing certain newspapers which had assaile
Jackson, when Judge Bedford interfered. He sal
that, in justice TO the Recorder, he would iuforT
counsel that during the pending OF a motion mad
several months since by counsel for the quashing
second indictment for murder-the first being 10
] bear upon him-the Judge-to grant the motion. TIL
person who interfered for jackson, he afterward
told Mr.. Graham, was John Fox.
| Mr.. Graham objected to having his mouth close
in any manner in this matter. He did not see Wha
right the Judge had TO interfere.
The Recorder called him to order.
Judge Bedford said he had no intention Of silenc
ing Mr. Graham. He had perfect leave to speak.
Mr.. Graham said :-"You have not the right t
give me permission TO speak" and again alluded
the political difficulty between Mr. Hall and Mr. Fol
= He was again called to order, the Recorder hold
1 ing that This was no place for political strife.
\ Mr.. Graham again renewed his motion, whc
I was again denied, and he took an exception AftC
little delay the clerk proceeded to call the Jurors
MT Graham kept on remarGing that judges an
district attorneys should not be active politicians.