The New York herald., 1870-03-11
THE IMpURIlY OF THE BALLOT.
Another Hack at the Brooklyn Election
Fraud Cases.
A Talk Over the Order of Judge Pratt-It is Do
cided Valid by Judge Gil6ert-The District
Attorney Appeals from the Decision.

The Brooklyn election fraud cases came up again
yesterday In the Court or Oyer and Termincr Judge
GllberD upon motion OF District Attorney Norris
for the trial OF two OF the defendants. Mr.. Morris
called the attention OF the Court to the order OF
Judge Pratt requiring him to furnish counsel for the
defence with list OF the witnesses examined by the
Grand Jury. aud added that upon cxamin alton or
the record he had found that there was no order OF
the Oyer aud Terminer made. He asked that tho
matter sRoud be put In sucn shape that it could
Mr.. Breton counsel for defence arose to speak.
and
MIR. Morris continued hts remarks, sayfng:-My
point Is that there has been order directed to the
Oyer and Termner do not raise the technical point.
The statute provides that the Judges OF each district
shall designate the times and places holding Spe-
Gal aud General Terms and Circuit Courts and
Courts OF Oyer and Iermtner and also the judges by
whom the respective terms are to be held. That will
tie found in the twenty-second secLOn or the Code.
Then there Is provision III the twcntysiXth section
of the Code specifying that the judge assigned for
that purpose, except IN case OF inability snail pre-
Side at that oyer and Termner, ana no other. on
referring to the order / find that your Honor was
Oyer and ferminer: rne statute provides that the
Court OF Oyer and Terminer shall be composed OF
Justice OF she supreme Court, the County Judge
and two OF the Justices OF the Court OF Ses-
slons. The Court OF oyer aud Tcrmlner cannot
be composed Ia any manner except by o Justice OF
the Supreme Court presiding, together with one or
two Justices and the County Judge as the County
Judge made member OF The Court OF Oyer and
Termrer IN this county. But the Court must be
y
and the Justice OF the Supreme Court must be the
person deSgnated IN the order, excepting he Is pre-
vented from acting through Disability. fnd that
on March The 7tn the Court Of oyer and Termlner
was convened, and from the minutes lind that IL
was presided over BY Jasper ". GILBERT Justice OF
Supreme Court, presiding, and stephen J. voorhees,
and Barnet Johnson, Justices OF the Sessions On
the same melutes ind what purpOrts to be order
delivered Dy Judge Pratt and it Is signed c. E. r.,
presiding Justice Now, there can be no such court
as that Either your Honor presided or you dtd not
n nfekide naI haa
designated.
TRe Court-what 40 you mean, that he broke up
The District Attorney-I mean to say that ne did
not break up the court; but 10 would precisely be
the same II took my seat on the platform; should
not form part OF the court.
The Court-wei, thcn have the name stricken out
and the minutes corrected,
no order OF the Court OF Oyer and Termner In the
first place. apprehend that 1t not designed that
this matter should be filed in court He then read
the following
That part Of this motion asking for list witnesses In
each case examined before the Grand jury granted
fss s sS be two days before tho same set down
That part motion PRAYING for n.pscson OF minute. Of
By Court, CALVIN I. PRATT, presding Jua.ice.
Here is q memorandum made upon the motion
paper. IL is signed by Judge Pratt presiding
Justice, and say he was the presiding justice,
but your Honor was. Your Honor was designated
as presaing ;ussce OF tnis O9art Oh oyer ana Ter
course can De followed you may come here some
morning and fnd some other Justice Of the Supreme
Court from sonle other district presiding here.
Tue Cuurt-oh, We Will take care Of that.
The District Attorney--Tne question 49, who pre-
sided here on Monday
Juage GILBERT did.
The Dlstrlct AttOrney--Well, then there ,s an In.
f0t mallty on the minutes.
Judge Gtbert-Wel, then, correct them
The District Attorney-Will your Honor take the
responsibility 10 do SO?
Judge Gllnert-No, because there is no RESPONSE
billy about u.
The District Attorney--My point is that there mas
been no order made, and for the purpose OF brnglng
this into proper shape move that the cases OF uir-
gins and Chlnn be set d0wa TOR tfiai.
Mr. Britton said that the order TO be served by
hniseH would be entered by Calvin f. Pratt, pre-
siding Justice OF the oyer aud Termmer.
Judge Giibert:--Here is an order which has been
made by the court OF Oyer and Ierminer. rne mo-
ton was made aud decided, and the only question
Ia whether not 1t has been property entered ON The
sstnutes. With that did not have anything to do.
.ay pain duty ~ that the decision must be 0beyed
aud that must give effect TO 1t. The motion Ii
therefore denied until the order Il obeyed.
TIE District Attorney objected to the ruling and
took an exception. with the view Of appealing.
Mr.. Brltton wanted to indulge in lew remarks on
the newspaper criticism OF these cases, bus Judge
Gilbert promptly checked hin, and he therefore
quietly subsidized.
The court then adjourned.