New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-02-20
MAYOR HALLS TRIAL.

'POsrP0NEMFNT UNTIL NEXT N0SDAY-THE
MAYORS DEMAND FOR TRIAL DENOUNCED
As TRICK-A SHARP PASSAGE OF WORDS
WITH THE ATTORNEY-GENERAL.
lhe announcement yesterday that, in spite
Vi inc posponement agreed for the accommodations
OF Judge DAILY, Mayor Hall would demand that his trial
proceed In the General Sessions, served fiji the court
room In every part, and when the Mayor made his way
to the bar Of the Court took the place usually as
signed alike TO counsel and prisoners only rby
pressing through dense crowd The Court
sooner opened by Judge Bedford than the Mayor
and announced his appearance at the bar in obedience
to the orderof the Court and" he ADDED Ito insist,
II the Court please, that this trial proceed imrnedI-
ately."
Attorney General Barlow had also made hislappear.
and explained that consultation with Judge DAILY.
before whom all parties had selected to try had
resulted in agreement to postpone the He had
not heard from either OF the Judges Of the Court that the
agreement to Try the before Judge DAILY would be
departed FROM He then severely denounced the action
OF the accused In demanding trial, as a trick and
fraudulent pretense" The following is the language OF
the Attorney General:
The defendant Is here not because he expects 70 try
he knows that your Honor will not try 10 to-day he
knows that Justice DAILY is not TO be here TO try IL today
one of those tricks fraudulent pretenses which he has
employed from the. beginning He comes here to get
the cheap credit OF appearing 10 be anxious 10 on
with this tria and OF lputting the prosecuting Officer in
the light OF appearing not ready 70 go on win ~ soS
for the reason that have stated. 1 have come
here solely that It may De understood why We ar ISc
fendant may be understood There is one more thing
would like to ask Honor and that IT, what the doc:
tne and theory OF this Court in regard 20 the trial OF
prisoners indicted for criminal ofenscs Your Honor
feputed in the papers having said, AS to the Judge
who may preside the trial, that is matter, think,
resting entirely with the Disrict-Attorney and tho
reetiy reported bur would ike 20 know whether that
is the doctrine OF this Court, that men who are
the Grand Jury TO be permitted TO select
The Judge oe they e1e to Ssre be and aees
lis Judge whether lac he the Mayor OF this city or any
%hy come here is TO protest against the tone IN which
this matter is treated here When who is In
sRce Of an Agreement with the judge and tie prcecut
ing officer and talk about his rights 10 press the case
OF the ordinary OF criminal casesl wish to enter
my protest against the whole tone Of apology which has
think that the people OF this State the guilty par
ties, and we must apologize TO this defendant Tor having
been brought here 10 the bar OF CRIMINAL justice.
The ian gage was evidently unexpected by the Mayor
and an angry reply was expected from him. But though
he flushed with excitement and suppressed rage he
managed to maintain an outward eonlposure and LIS
reply calm and respectful in tone though certain
illusions 10 the Attorney General were generally ae'
ceped as Extensively intended After some preliminary
remarks not bearing on tie issue Of postpoaement tho
Mayor said:
The reason which existed when this clso was SCI down
for to-day, coupled with the question thar judge OF
the Court OF Common Pleas should lnes.de longer
exists and II the Attorneytienera las no ODeCtOn 20
your sitting. certainly have none. There ~ not one
state, City or County Justice in this city who would
not be amenable TO the criticism, that 10
II il be unprecedented for defendant TO stand IN thia
Court and ask speedy trial it is precedent from inc
divine law itself Agree with thine adversary quickly"
lie would not ask more now than that an .n2i pe mus
to-day 10 procure Jury As me orGer 70 ~ suso
DAILY preside was predeaed upon Ju'se beado11 OK
All ongSt there was 10 excuse for delay II
it not he slluding to the Attorney it was
e these 0i' Wers taken for AFFIDAVIT aud evidence.
timony he produced before body that may have
here se o before a Sn0 In the I II mas opening ceh ne
said Judge Days absence was his only cause for delay
say your Honor that 1t is scandal that an Official
should be suffered 10 rest under accusations charging
him with corrupt neglect OF duty SDd nave slmiar
official duties TO perform when lie CLAIMS ana ready
| for immediate investigation.
Acknowledgement Barlow sald that tAe eounsei whom
he expected TO Try the case was not ready, aud would
not he ready until Monday next
| Of this Court shall try this case"
IAN right" said the ATTORNEY General; "f the cours
Assistant Disrict-Attorney Sullivan stated that Dis.
rictAtorney Garvin had surrendered the conduct Of
the case 10 the Attorney ana IN ms absence 10
could not acquiesce IN the suggestion Of the Mayor.
Of the case 10 the Court SPECIAL Sessions declared
that il ordinary case Of Insdcmeanor, charge
eced TO audit certain bill there il no charge in tho
Indictment that there any fraud that tue city lost
Official integrity in this one Instance. II is a than
ought to be tried in hour or two ON the part OF the
people. and therefore there being no complications, it
being ordinary Of misdcmeauor, it.seems mon
strous that in such case the Attorney GeDcra should
throw the weight Of his eTeat office into this case
Judge BedfOrd-I do not see how can do otherwise
than let the until next Monday, and then,
Mr.. Attorney General, II you please, suppose beyond
all peradventure, you will be ready for trial.
eneral BarOWThen Sir, Will be ready TO
90 on with the case, aud il IL had not been for what
Judge Daily said, should have been ready today
Mayor Hal-Let Us have no misunderstanding about
this Mr. AttorneyGeneral II this Is 20 over tl
Monday, IL is not then to be question OF Judge
Attorney General Barow-It shall lot De question OF
judge.
Mayor Hall-Either OF the judges of the Court Of
Common Pleas either Of the Judges on this Court but
your Honor knows there decided objections why Re
corder Hackctt, who married lady OF name should
the IL is not 10 be question OF ~ lection
by the accused the Attorney General but whoever
the may select will try the case and next Monday,
IL deadliest personal enemy i on that bench viii
30 before him Applause, quickly suppressed by tho
officers OF the Court.
Jnge Bedford directed TIC Cork % set the down