New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-03-23
MAYOR HALLS CASE.

ITS REvERSION TO THE GENERAL SESSIONS
RETICENCE OF THE PROSECUTION" MAS
TERLY INACTIVITY OF THE DEFENSE.
Mayor Halls case having reverted TO the
regular term the Court of General Sessions in
qtIeuce Of Judge Days action viii ne brought be-
Recorder HacbetJ Judge Bedford for disposal
Judge Bedford not prepared TO say what he
VIII pursue in case before him. The
Recorder objects TO making any disposition
the because Of the Intimate personal relations
existing between himself the Mayor. lie says that
while he believes ne could try the case fairly and with
exact justice. he does want to subject himself any
imputation that might be made against him ior showing
any favor or leaning 10 the accused; and H. therefor,
the moved before him he will decline TO take
action other than send il Judge Bedford, ms assoc
ate the Bench of the Court OF General Sessions.
Henry j. Clinton associate counsel with Messrs. Peck
ham and noman for the prosecution in tie ease OF the
People against The Mayor, stated last evening 10 TIIB
reporter that there Lad not set been any ccnsnt
ton counsel upon the subject since the sudden term
nation Of the trial before Judge DAILY on Thursday last
Mr.. Clinton, in fact, had not either OF his
colleagues, and was unwilling even TO Indicate his
impression OF the probable line Of action be pur
sued by prosecution. Several OF the Mayors
sci were also visited. and all Of them spoke rather
ubilanty Of what they seemed TO regard Triumphant
termination OF the Mr. Stoughton remarked that
the for the defense waiting FOR the plans OF
the prosecution to be developed before they cond deter
mine what conrse to pursue. IL was also his opinion
that it doubtful question whether the prosecution
would move further IN the matter DURING thus term OF
defense ready 10 proceed with the case IL was bnted
however that in the event OF DO speedy action the
some future time. 10 a higher court, where an EFFORT
would he made To bsOlvc the Mayor entirely, through
hs frauds on s dy any o fnSp worlds ~ hs
DEFENSE rely strongly upon the plain taomcnt OF Mayor
Hall ana are , determined that the ease shall not be
course, think, said Mr. stonghton, "will be thai Of
conversation with the remark that is most extraor
binary fact and one that Will be called when the
Others charges them with deceiring the Mayor, and
thereby frauduently causing His Honor to sign fraud
ment against the Mayor BY the same Grand Jury the
very same day, charges Mayor Hall with conspiracy
dcfraud the people by signing warrants he knew TO be
fraudulent"
RECORDER HACKETT EXPLAINS HIS POSITION
CONCERNING JUDGE DALY's COURT.
At the opening of the Court of General
Sessions yesterday morning. Recorder Backett spoke
follows Of the status of the presided by Judge
DAILY for the trial Of Mayor Hall
In various city journals that have met my eye.
learn that ChefJusce Charles DAY. Of the Court OF
Common Pleas odcio Justice OF this Court In his
published decision takes exception to an ASSUMPTION by
General Sessions, which has been holden, and is now
being held py me- h TO nave been and S 70 be- essa IN
an exception here to my Jurisdiction in holding
nss Secsed to- be snd P the
/ replied, alphabetically that If Justice DAILY had
held while had always entertained great respect gen.
orally for his judicial opinions tss ought to for next
to Justice ngraham, he Is believe. the oldest Judgt IN
this state, both having been upward OF Quarter OF
century upon the bench), could not agree with BIN;
and added that the moment the Juror died. In the case
before him. his further connection an active Judge OF
the Court OF Sessions ceased for the time which opinion
/ am clearly Of the So because since Justice DAY
commenced the trial OF the indictment against Mayor
Hail. the regular March term Of this Court was com
menced. and has since continued
The Chief Justice had right, as an or oeto Judge OF
this Court, and presiding therein under statute OF
sIo 10 end a ease trial, and 10 extend under add
ona statutes) ais term for that purpose But tho oral
ended when the Jury reduced to the number OF II,
under the authority Of Capcems Court OF Appeals
ChiefJustice DAILY could not then begin business,
because meanwhile the March term had begun,
and has ever continued, and Is regular term Of
this Court. -. = -. Ia.
had in tho city since Tuesday last 50 that both
grounds the Hall trial had to stop, and glad 10 no.
tcc that my opinion ian ohhand and hypothetical one
nj the time) ratified by the ChefJusticc In his as
ton have prepared this public explanation cmL
ncpy due 10 80 estimabe gentleman. 10 cultured q
scholar, and 40 profound iurisk