The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-02
NEW YORK HERALD FRIDAY FEBRUARY ls72.TRIPLE SHEET

the power q the 0ou.s o. Sessions under tns statute
slons and 10 adjourn TO future day and under the
statute OF 1870 authorizing
TWO GRAND JURIE5
TO be empanelled IN the Court OF oyer and Terminer
and In The Court OF General Sessions and 10 meet at
examine those questions as to the po wer conferred
on the Sessions by those acts. IL nowise neces.
IRON the expression OF any opinion thereon shall
conhne myself solely 70 the inquiry what effect
miner and the acts OF the Grand Jury connected
with TINS Court. remarked upon the argument OF
1ns n TO the counsel THAT formerly when the
organized the Sessions Grand Jury was discharged,
ana That Court ceased for the time 70 interfere with
was based upon the prOverbiai duty or oyer and
Ierulner 10 take the charge OF the prisons and 10
so conduct lts business as 10 that prisoners
were properly disposed OF, either by Indictment
trial or discharge on ban or other wise and thus
cause what. by their former Title, was evidently the
duty OF the Court general jail delivery OF the pris
0ners ID the prisons at the time OF the commence
ment Oh tue Court Such was the constitution and
POWER OF THE OYER AND TERMISEH
and general Jail delivery In England, from whence
Whenever justice e of the kings Bench Se came INTO
county TO hold an Oyer and Termlner It's power
Sage e same N "a ae sur, eas q sne
IN the county where 1t sits the sovereign Court OF
?ait delivery ana Of oyer ana Iermaer ~ Coke las,
comes INTO any county there can be no session OF
commission OF jai! delivery or oyer ana Terminer
but suspends their session during the term.
In the county where the Court sits there
e'ps ali aasers Criminal VINO arising nls
within their county, and theu the same Court
the supreme Court OF tins State mas an orgaiilsa-
taIion and possesses a jurisdiction and power
continuation Of the Court as 1t existed prior
ton adopted in l777 no mention is made
oil The powers Of the supreme Court but |
Judge The constitution VI 1921 describes the Court
as the supreme Court, and directs that one OF the
Iermlner aud Jal delivery. THIS was continual
ton OF the Court AS II existed previously from The
on with the saSoD Of Circuit Judges sSs Should
have all the power OF Judge Oi the supreme Court
IN holding the Oyer and Term!ner. The constitution
OF 1926 provides that there should DO Supreme
Court having general jurisdiction IN law and equity,
and the late amendment thereto to recognize the
continuance OF the oyer and Termner Us a part OF
the Supreme Court, by enacling that Justice OF
the Supreme Court should preside therein but with
out any change In Its powers. 1t therefore be
considered that the
PRESENT COURT OF OYER AND TERMrNER
IS continued and has always existed in this State
as an existing Court held by Justice OF the SUI
preme Court, with It's powers UNCHANGED. 1t is the
Court highest original criminal jurisdiction the
State. II IS Court recognized anu provided for IN
tne constitution; II possesses an the powers anu
ihe wnc taat CSurt has @ since
the right ana power TO have Grand Jury attendant
on lis sessions and without such Grand Jury 1t
would he powcress 10 discharge It's duties. The
laws provide for the drawing and snmmonng OF
sucn Jurics Tor every session OF the Court Beng
constitutional Court has rlgnt 10 be continued
with the powers and attributes necessary 10 the
proper discharge of it's duties. The Legislature
criminal jurisdiction any more than II could take
from the supreme Court IT'S legal or equitable Inris
late jurisdiction over Inferior Courts. The question
Is then presented: what effect had the act
at the same Tine in the oyer and Terminer ana In
the Sessions upon the business OF the Courts II IL
urged on behalf OF the prisoner that tue act OF 1870
void and Affects neither Court. whether II be so or
not. It could not affect the right OF the Oyer and
Grand jury. II unconstitutional, 1t follows that
me law as IL has always herstoore existed allowed
gained, and required
rag OTHER GRAND JURY
10 cease during Its continuance 1t Is not necessary,
however, TO examine the question ut this time IL
is sufficient on that point 10 say that such law
wise affected The Court OF Oyer and Termlner IN
terlered with Its proceedings On tue other hand, |
II The law he he'd TO DO c0nstiIutiOna-and for the |
present purpose l Will concede 1t TO be so--it
with the business OF the Court. The Court always
bad the power 30 have aGrand Jury. The pro-
VISIONS OF tnis section extend to the Sessions the
right 10 nave a Grand Jury to nc empaneed and to
miner put Inning the action Of the sessions jury
70 business neard before committing magistrate.
shows thai the action OF the other was contemplated
on any business that might come before II. / Tor.
Sear any Is Sc m uon te Ge ea
winch has been so ably argued ny the learned coun-
sci for the prisoner, because II IL Is not necessary
ior the decision OF TINS motion. Whatever
may be the view taken hereafter OF that statute,
II IN nowse Affects the proceedings Of Inc
Grand Jury oil the oyer and Termlner, and
an0rds no grounas for granting this motion.
The remaining ground for the motion Is that the
District Attorney would not have submitted this
motion 10 Grand Jury sworn before the commas
SION OF the offence, because the prisoner loses his
right 10 challenge any member OF me Grand Jury II
there objections 20 HIM The Il. -, VOL 3, page
1,0l6 section 81 directs thai no challenge 10 a
Grand jury shah oe allowed except 10 individual
summoned thereon on The ground That he Is the
prosecutor or Complainant against the PR or
u witness on the pzri o. int prose cutloa. and has
been subp0nael OF bound II rco-nizances as
such 1t Is hot preseoaea thai any such
Correction exists. The ihlrIr fourth Sec
non shows ;nsi u Vas not intended
- -tve-i he sut-llsSlo1 o. the case 20 existing
GrA-d sery ~ providing l0r slIlmoning a second
G-L-. ssry J. iae 3-e1-e committed after the
GrE1,- Szry siie10iag such Court shall have been
unchanged 1sitFer mig NJ be The effect OF showing
sIl5 s1tt is1s existed, u Is no objection 10 the pro-
Greeting wlIhozi H.
gps zgisaa . saasa this indictment must pc de.
1us.-