New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-03-22
MA YOR HALLS TRIAL.

ANOTHER suRPRTsE-THE JURY DISCHARGED
JUDGE DAILY WITHDRAWs-WHAr NEXT
Another sensation yesterday set the specta-
where Mayor Hall was on trial in
utter excitement almost equal TO that caused by
the appearance OF Andrew j. Garyey on the witness
stand This time the surprise for the prosecution,
and the cause OF IL person decidedly different from
the noted plasterer. The Court had opened with the
usual number of hafnterested spectators. Mr.. Peck
ham and Mr. Tremain both absent, Mr. Clinton ap-
pearing alone for the prosecution. The Mayor and his
counsel were all present
Mr. Sullivan arose and said he supposed there was
nothing 10 be done but adjourn the Court Judge
Cay replied that be desired to dispose OF the Gaze that
morning.
Mr. Clinton stated that he only dropped in BY accident
give his Honor copy Of a certain statute Mrreman
in Albany, and anything was to be done he alone
would have take the responsibility far az bis side
Judge Daily then proceeded to read the
following important decision which startled everybody
in the courtroom:
GENTLEMEN Having after the long and exhaustive
discussion that has taken place found the question wa.
difficult. my intention. stated yesterday, 10
have taken to-day and for the careful and full
examination of IT, and to have rendered decision on
Saturday. am, therefore, somewhat surprised to mud
by the newspapers that upon motion made before
him yesterday, Recorder Hackett has disposed of
the whole question by deciding that the Court
he Is holding Is REGULAR ana that any iurihGr
Having in way introduced myself into this Court, and
finding the question submitted to promptly dis
posed of by the regular Judge of the Court must con
slider myself discharged from any further consideration
OF it, for If should render the same decision on satu
should decide otherwise, the unseemly spectacle
tween the regular Judge Of the Court and Judge here
temporarily. have only one closing observation u
make. II the language Of the Recorder II correctly
stated he is reported to have said that although he had
general rule, respect for my opinion be had made
up his mind was mistaken; IN respect 20 which have
simply TO say that have not expressed any OPINION or
given any intimatioD here or elsewhere OF whai ny
opinion would be. The Recorder having assumed the
responsibility OF deciding that any further p0cecOinEs
upon my part would be Illegal aud void. nothing remains
but for ne to discharge the jury and to "nGra" from
his Court.
This announcement caused every face IN Court TO as
sumo look OF cement. and gentleman, drawing
a long breath, remarked TO a friend, Well, wonder
what Will come nexti" Many remarks were made smi-
lar to this and expressive of the most complete asonsh
ment The whole trial. far, has Therefore amounted
to nothing essful farce in which all the chaiac
ters may sit down at the end and laugh the
dty of the whole thing. Mayor Hal Is reported to
have said at the beginning the trial. that h. rested s
case entirely upon its merits and desired no technical
ties To interfere with its speedy progress yo thr
trial will be known perhaps the most technical pr"
ceeding that has hampered judge or perploSed
Jury. AS TO what the next move Will be, the wses ont
slider hardly hazard guess. Possibly the prosecu
ton may bring the trial into the Court OF Oyer and
Terminer-so at least 1t is rumOred-when IL Will
before Judge Barnard. Wheeler II. Peckham. however,
said he was unable TO state what course would be pnr-
| sued or what the step would be.
The Mayors counsel did not expect Judge Da'N" rem
der his decision before Saturday and were altogether
unprepared event OF yesterday. They have "a
vet had consultation they had made Other engage
ments for yesterday afternoon and evening Thcr lm
preston seems that for the present they Will not
move further in the matter, but will await the action ~
the prosecuting attorneys. They also claim that they
expected no other decision from Judge DAILY and that
they are satisfied that the counsel the other side
pected it will concur in its justice. As matters now
stand the case will have to start again from the begin
ming and the question what Judge shall try H. aud
when IL shall be tried Is entirely undecided ~ prob
able counsel either side Will be IN con- Gauon
to-day.
It was absurdly reported last evening. that The y
Jurors at termination OF tie trial. crowded around
the Mayor. assuring him of their belief 10 M
innocence and rcgIetting that the cast h'd
not been carried forward 10 coupl'ion. 50
that they might have given him verdict 81,
acGutta The fact that the majority OF the Jurors IL
the room as they dismissed without speak
ing Mayor being DESTROYS OF obtaining thrir
discharges from Mr. sparks aud returning to their pa
OF business than OF rendering their Congratulations !"
any one. few remained, and were introduced t. Tie
Mayor; hut entirely unauthorized Ia GIVE any 'A'
of the opinions of their associates.