New-York tribune., 1872-03-21
THE COURTS.
MAYOR HALLS TRIAL.
ANOTHER DAY OF ARGUMENT-No DEcrsro,

ANOTHER DAY or ARGUMENT-NO DECISION.
The counsel in the Hall case devoted the
whole Of yesterday TO elaborate arguments as TO the
right Of Judge DAILY TO continue the present term Of the
CVlrt summon another panel of jurors, and pro-
ceed with q new trial of the Mayor. Judge
Daly repeated his declaration of the pre-
cedng day that hc considered the proceedings
entirely regular down TO the time of the death Of the
Juror Mr.. Pcckham argued that the statutes OF
and 1852 independent OF the act of 1851 gave the
power Of holding two terms OF the Court concurrcny.
lie claimed that though the statutes of 1862 and
seemed 10 be at passed for this purpose yet
animation IL would be found that they passed for
other purposes.
Judge Dty again called attention to the delicate po'
on which he occupied and said that while, II he clearly
saw the law 70 empower him to he should not hes
ate TO assume the TespOnsbiity still II he came TO the
conclusion that there was very grave doubt as to that
power he should not exercise doubtful jurisdiction,
mnSt fc useless expense and trouble The qnes-
ton arose the act that another Court Of General
Sessions was sitting, and was. first. whether two
branches could ne in session at the time without
compliance with tue iOIntes required by the statutes
prcccdent double session, aud thcu The further ques
lion II that was decided in the negative which Court
was regular ,, .,.. 49,. . ,o,,,,, 80. .oo.,..
then il clearly the Recorders Court that was IL
regular could any adjournment of this term restore
Court was regular down TO last Tuesday and that
ary could not be taken away by any sub.equent acci
was holding Court. This term WAS commenced by the
Ciiy Judge. II his not the Recorders dis
ability, which gave Judge Ddy his right to sit. The
right 20 summon a panel at any time during the term
depended upon the revised statutes nut that statute
limited the Of "a panel TO 36. A subsequent
statute permitted the General Sessions 10 call panel OF
and the act Of ls7 simply removed the limitation of
number
Alter some further discussion. Mr.. Treman, referring
to slip OF paper said he had taken down the words of
Mr. S0ucon yesterday. that if acquitlal were had
here and the jurisdiction not sustained. IL would hc
10 guaranty against another prosecution conducted IN
flis IN etll
NJ. BurIlll-lie ddn'i say that .,,.,
Aud why that inputauon caste Is IT because sat
here day Ter day with closed lips, ANA heard arguments
and objections addressed 10 the cOUt, without refer
to the number of counsel who spoke the
odcr in which tney addressed the court, or the mum
her OF umcs they sj0ku Is il because We allowed the
utmost latitude in debate the fairest trial might
Dee had, ana that when thc case Was terminated me
people might have the most entire confidence III the YER
0ct thus rendered and the way in which Justice
admistorcd! What IL that called Out mat remark
ii is fer e defense to say whether tcchlcality after
tecnacy be iutorpOsed ana The most severe rules
Vitst h,oadc. vcstics ION sha' hc confidently dcfcd
aAd ,hal.,nsed on thc part OF the defendant.
Cn Juls s have declined 10 act. How can we hc as
surtd t9t any judge can be brought III lhe G'se IN
your Holorl And winle viii acQulesec in tAe honesty
ALI GOOD faith Of your Honor, should yod decihe 20
proc, ,h. sail most earn, ty Ieu"i''4'c against your
Ilc case WI, then adjourned until to-day. without
decision Oh tuc point ia que atiun
RECORDER HACKErr LAYS DOWN THE Law.
In the Court OF General SESSIONS, before
Recorder iIacket yesterday, Mr.. Howe spoke ot thc
puclOus extensions OF tine November tenn vi the Grand
Jly by Judge Bedford having been Illegal, and qdes-
toned the legality OF the Court presocd over BY the Re
corlc tie ground that the Court of General Sessions
holding by Judge Ddy IN the General Term room oi
the CoYrt of Common Pleas Tor the ria of Mayor Han
TIE Recorder said agreed with tcc cou'c dH 10 the
i, it OF the extensions OF the Grand Juf} icri hnt
tn1t the only legal Court of General Sessions was the
nnc presided over BY himself that Judge Day hid no
M D. t or authority to hold hIduCl OF H. Court Ui
G. if,i. Sessions. nj thdi eventually thc dtc4-ouo 81
thai Court would have To he qudShtd