The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-20
MAYOR HALL.
Judge DAILY Reserves His Decision on
the Law Till Thursday.
THE JURY DISCHARGED TILL TOMORROW.
FFTEsNrH DAYS PROCEEDINGS.


Yesterday the argument OF counsel for the prose-
cution and the defence In the OF the People OF
the State against Mayor Hall was resumed from the
point where 1t terminated the adjournment of the
Court on the previous day. The question now in
controversy has exeic ised the legal acumen and
forensic endurance Of counsel either side almost
as mucn as did the discussion on the question for
and against receiving documentary evidence on the
first days OF the trial. The obstruction that now
blocks the wheels or the legal machinery OF the
Court lies in the objections raised by counsel for the
defence-drs, 20 the coastitutionality OF the
Court after, as they claim, the termination OF the
trial by the death OF one OF the jury to try it,
continuing the term OF the General Sessions
Recorder lackett having then opened a
fresh term OF tue Court; and, secondly, as to the
empanelling second jury TO try the case, contlnu
Ing the right is contended for by the prosecution
OF continuing. the eleven jurors already sworn as
eleven OF The jurors 10 try the case.
The whole OF the session yesterday was occupied
In discussing this double question. IL was not
occasion OF much interest to the few spectators
that from time 10 time dropped IN for q while, and
after little quietly retired. The reporters OF the
press wearled over the monotonous readings OF
counsel OF the authorities bearing the case, and
which seemed to be open to diverse interpreta-
prosecution TO sustain their case appealed to
by the defence to overthrow their opponents posi-
tion
Mayor Hall looked his old self In every respect,
save an occasional shade OF langu0r that In spite OF
him would steal over his face. and now and again
nervous witch OF impatience. which indicated that
his hitherto unassaIable good temper and happy
disposition was being worsted by the harassng de.
lays OF the trial to which he had been looking for
vQrd for m hOnO ftal fropn
OF omission or commission, OF certain acts In his
office OF Chief Magistrate tnat have been preferred
against him. IL Is only natural that the Mayor
should eel depressed and irritable, for nothing is
more calculated TO excite such feelings In a man
holding high ONCE under his fellow citizens than to
De under charges Of being false to his trust. and be
oeoarred Tor even so brlei time from proving his
innocence thereof.
When the Court opened Mr.. Pecknam asked, as
there was some idea that the term expired at noon,
that the Court would AZ once make further extern
ston which the Court directed.
Judge DAILY then asked Mr.. Sparks, the Clerk, to
state what was the history OF thus session.
Mr.. Sparks explained 1t was the November term
term had been organized BY the Recorder in The
usual course, and was now going on.
MIR. FIREMAN. CONTINUES HIS ARGUMENT.
Mr.. fireman. then aud SAID that alter most
careful examination Of the points the counsel Tor
there was no legal objection whatever to the course
proposed BY MIN on Monday-viz, that the eleven
verdict. their names be returned to the box, re-
drawn, subject 10 challenge, and then new panel
1t was the duty OF Judge Daly to the term
especially In view oil the consent the parties that
HIS Honor should preside. lie urged that any otner
ruling would be TO produce great injury, and should
not be made unless the statutes were peremptory In
forbidding u contin uance. He would. before pro-
ceedng further, submit
SERIES OF PROPOSITIONS
drawn up anu accepted by counsel for the prosecu-
tion as their views oil The case:--
PROPOSITION l.
When juror dies after the commencement of trial in
criminal case the Court should discharge the eleven jurors
be called over sssn nstan,er or what would be the same
70 the box and immediately drawn PARTIES
supply tue twelfth other. neces.
BEEN be DE- @ 5 Ss
examination "a Of wnsssss begin aGan Such proceeding
the consent and objection Of the prisoner.
This trial having commenced without the inerposion Of
any PIE. TO the nsnn Of the as . was then
guilty for the purpose OF presenting such plea Jurisdiction a.
mode. Of practice permit jurisdiction to be Sues
amy to Whether a .e.
have IN The to deprive the Court Of such
nifty, authority or precedent
But If the Court shall indulge an inquiry into the question
whether had then or the further lon
manifest milf q, that a the right and duty Of the
termnei
When the presiding Judge place upon
this Court both the oraer Of the Court ec
actual Na Of the judge that The contingency had
OF the law which would arrest hls proceedings in
end al h authority oVer the Sa an
mode Of Constituting the statute Such construction would
hold out 70 the defendant to prolong the trial
you'd tend to impair the proper dgn and authority Of the
should no favor from Court 'N''' anu
Nor ought the that by lapse of
time the period for the regular term OF TINS Court has arrived
10 slightest influence the question
s. the % thor o. this The ~ rs
long as deem proper, either dispose OF single
Such be gwen to these statutes and also to the
o the sa a ~ @ Oos
must yield to the other then this term having been continued
into Other ana takes It's place This Court being Right
the hsn Sy acus be-
in possession OF the same office at The time
mtne Interpretation that the commencement Of another
proceed no further after Juror Dies then The
would terminate his jurisdiction In the
and hostile to The public interests.
By the law. of 1896 1854 1852 sla Court u
power to continue the long the presiding judge
shall deem necessary and this being inherent in the
impaired by the orders Blu.
an .e @ on IT'S orders It power
powers conferred for the public welfare Is exha listed
he statute OF ls2 and is solemny adj judged oy this
PROPOSITION g.
m the Court shall hold contrary the proposition embraced
IN tn ast point that the order might operate
Az aodgmen oil the legal powers of this Court then II ia
clear hs order granted
DID not IN any manner by its terms restrict the power
Of the Cout so ha cannot proceed trial this
dc moro ou, only liked period OF time for its continu
ance, ana such time not having arrived IL IL entirely
competent for the Court still further 10 extend This o,,e.
ton also has been practically adudged bv the
orders made by the Court and IL clearly embraced Ia and
covered By the exhaustive opinion already pronounced
PROPOSITION q.
The authority OF this Court additional Jurors TO be
summoned In the present exigeney upon the same
ground under which the 900 already been su
moned and under which Circuit and Corts OF over