New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-10-05
LOCAL NEWS.
THE RING INDICTMENTS.

DENIAL OF THE MOTION AFTER AiNuohENi'
A large number of lawyers and spectators
assembled in the Court OF General sessons' yesterday
morning 70 observe the progress Of the "ng" ndict
ments Assistant Dstrct-Attorney GafVh ana olessIs'
reman Peckham and Clinton appeared Tor the people
and John Graham ex-Judge Fullerton. William BuTril'
Tohn McKeon and Messrs Bartlett and Vanderpoe Tor
fhe accused Recorder HGckett presided soon aiter IL
o'clock Distriot-Attorney Garvin rose and s1Ad;
your Honor renew my motion to transfefto the oyer
and ermiuer Court the eases which enumeraoeu t''
other day. The statute plain undor which the transfer
is to be made.
Recorder-What casesi Namo some case.
Dristrict- Attorney-I name the case Of Cooke
Mr.. Graharn-why do you give that case the prefer
encei
Mr. Garvin-I name the case OF Sands and Smith and
tho otbersa the cases that enumerated tho oher uy
Recorder-I shall make order in the case OF mayor
Hail. as told you the other day should not act IN 'na'
case
Mr. Garvin-And for that reason did not mention !"
IKE PLEA FOR COOKE.
Mr. Graham lifting hugo volume, and bringing down
his omen hand violently upon the page. This appears
10 me- your Honor to be- selfwilled motion 10 Gecl'
the matters by the beck Of power, but being on cur %
a little more republican In our ways, VIII reau d" am
dayit on behalf Of Of the defendants, sup
posed 1t to DO fundamental rule OF legal proceeunss
In Judicfo non eredit,r nisi Jt,rdts. There ought
the oath OF somebody; but whether 1t Is lntenueo
10 rest upon the champions assisting the
District Attorney the sequel will disclose In behai OF
the defendant Cooke which will apply to all others "o
stand in the same category (he Is indicted on TWO
charges Of forgery in the third degree we suDmi IN
affidavit, stating that tho two indictments penang
against him IN this Court were found without complaints
originating before police magistrate that at inc une
they were fonnd defendant absent in Europe as
AEON ne he knew OF indictments and could arrange hs
business he instantly returned to tho JhrlSulcuou
Of this Court and put in the requisite bah 10
appear and answer. And that he Is ADVISED Oy MS
counsel and really believes that the transfer OF inc III
dictments to the oyer and Termner would deprive hlm
of important rights among Others that OF moving Of
new trial on the merits and also upon the ground OF
ydiscOyered evidence in Of conviction III ths
Court-rjghts which the Oyer and Terminer cannot
grant That said indictments have been frequently al
uded TO as part OF what have been odousy caled anu
stigrnatzed as tho Ring indictments or as eohhecVeu
with what has been for the last year Eno"h as
cases growing out Of alleged heavy frauds upon
the Treasury of the City and County OF New-York;
that the public mind is heated and excited IN az
ferent ways producing, as defendant verify oeneFeS'
strong preuce against any person charged suspected
of being identified with those matters, whether guilty OF
Innocent The defendant by advice OF his counsel ne
eyes that the safeguard Of impartial Court Is not
only required the due protection OF his interests Dus
Court clothed with power 70 grant new trial III the
event Of the jury substituting passion or prejudice Tor
evidence This defendant has never applied for any
delay in the action that under direction Of his eoun-
sel he means TO steps to dispose Of the said ndc
ments without waiting for the action Of the prosecution
THE DIsTRIcr-aTToRNEY's REPLY.
DlsrietAttorney GarYn-we ask for the transfer for
reasons manifest on the record In tile second place.
yoar Honor has already stated that you disked TO tY
these cases. and refused to try tho OF Mr. Hall
4
other Judge was called in and that case went on and
terminated way known TO your honor and every
body else Now, these cases, every one OF the' are
! more or less connected with Mayor Hali' ana must
involve examination in connection with DIS acuon'
| whether 1t be good or bad, civil or criminal, and
,harefore sav IL furnishes good reason why these
should be transferred 10 the Court OF oyer ana
Termmer for trial where no sueh opJeStlon ~
your but for your peculiar state OF NINA when
n' onr U5nor IA pressed with business this being
the great criminal Court OF the city and II seems 10 me
| the Gases should be sent TO whore they can have
speedy trial as these Of great public mp0r-
lance II frauds have been committed OF the character
dnscribed IN these INTERCHANGEABLE transactions have
been going on in this city Of that character under the
forms OF law 10 Is high tune to go into these cases and
We must select sIu0 70 ST ~ T 70 Mr. fahan who
then reminded the Court that one OF these OF
Field-has already been transferred Mr. Graham rose
TO reply 10 Judge Garyn, but the Recorder restrained
'-1' y THE RECORDERS REMARKS.
You need not reply, Mr.. Graham had no doubt from
the moment she indictments found that could do
| fair equal, and impartial justice II Mr.. Hall were a
thousand times the friend he is IL was at his sugges
tion and his suggestion alone that decided not to try
hs case No Judge be les DESTROYS than myself OF
trying this action regret that although these indct
ments have been pending in this Court six or seven
months, these motions nave not Deen inauo ~
an earlier moment so that justice misny DC
DONE | cannot but regret that these cases should be
brought before the Court at this time on the eve OF an
important election where these cases inyolye as they
do political considerations Were 10 consult my own
inclination nothing would induce me 70 take up these
cases. l would not touch them, but have duty 10
perform in this matter aud have the law 10 obey as
ind It, am not 10 lean on my own views IN the matter
this matter according to the law There Is rule In TINS
! Court made in the Mcfarland case, where motion
was made by the District Attorney to remove 1t from
| this Court to the Court Of Oyer and Ternlner.
| Ii was argued by Mr. Graham Tor the prisoner, but
Judge Bedford who then sat here decided that unless
the consent Of the accused and the DstrlctAtt0rney
were filed the would not be transferred to the Court
Of Oyer and Terminer That Is the rule now. IL was
adopted In this Court and 1t Is rule by which must DC
| governed III you show any good reason, Judge
Darwin why these should DO transferred should
be happy hear You and make the order accordingly
mr.. GrahamI want for one, TO deny, with all respect
to the learned prosecuting officer that the Court OF oyer
and Terminer Is the great criminal court OF the state
The statute OF 1855 makes this court OF JAN deyerJ,
tho same the Oyer and Termner. IL Is just as Dgh
and higher 1t stands precisely upon the same eVel
with this difference that the judges IN Ihat Court are
inexperienced in criminal law and II the Court has the
curiosity to look az the 43d OF Barbour u Will ma
the decisions Of the Supreme Court General Term in this
by the Court OF Appeals and they the Judges who
sit at oyer and Terniner IL there Is any choice be
tween the two Courts this Court Is dedicated TO
criminal business the preference Is for this Court.
RecOrder-Your points arc on record, hr. Graham,
| ana | quite agree with you
further reasons TO give, and the motion was formally
| denied
| MERCHANTS GRIEVANCES.