The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-04
IMPORTANT DECISION.

Tae Court Of Appeals ON the Legality Of the
special Sessions when Held by One jus.
ticc--Judges Barnard and Cardozo Sus-
tained-Tirst Melton Under the Decision
The Immediate C0Hsequeuces-The Wheels
OF Justice CloaGed.
most important motion was made yesterday
morning before City Judge Bedford sitting In Gene
raj Sessions by Mr.. William r. Howe, In his capa-
city OF COUNSEL for one anes Mlscal, who was coz.
vcied before enc justice Of the Special Sessions
Court for MINOR offence and sent to the Penllen-
tlary Tor certain term. He was indicted for escap-
Ing from the Penitentiary ana was TO have been
tried for that offence yesterday morning. For some
time past the question or
THE LEGALITY or THE SPECIAL SESSIONS
Court when held by one justice, has been dis.
cussed among legal luminaries. and acted upon by
Judges Barnard ana Cardczo, Of the Supreme Court,
10 so far that they held that all convictions had be-
fore one Justice OF the Court in dispute Illegal,
ana therefore voll. SATISFIED OF TINS, they dis
CHARGED something ike three or four hundred con-
vicied leons tined aad sentenced at the Court OF
wRirs or uABEAs CORPUS.
A section OF the law constituting the Special Ses-
sons Court distinctly says that two Judges shall
preside al that Court. Inc case was finally argued
before 6 the General me- Term Of me Supreme Court,
delaying as much rs possible,
GENERAL JAIL DELIVERY
that tribunal decided that the Special SEES
sions Court was legally ncld when hold by one
justice, and consequently oil those confined IN our
main there. From the supreme Court the question
was carried TO the Court OF Appeals, sitting at
Albany. The question was ably argued and deci-
sion reserved. Yesterday morning the decision OF
THE COURT OF AfPEALS
reversing that OF me General Term was made puO.
lie, and Mr.. Howe's motion was the first made
under that ruling.
The whole question Is or the very grayest Import.
ance to this community, ana one mat should IN.
terest every taxpayer In the community, as In all
probability all taOSe sentenced and serving out
such sentences IL The Pentcntlary from the Court OF
Special Sessions WIN BIO
LET LOOSE TO PREY
on the privileges OF honest citizenS ana commit
depredaons on their properly.
Mr.. william +. Howe moved TO quash the indict-
ment against the boy Mlscal, coneading, ana very
properly, that Il his conviction was illegal only
one Judge being on the bench at SPECIAL Sessions
when ne was eonvicted-hs breaking jail
DID NOT CONSTITUTE AN OFFENCE,
aS ne was uilawfully detained there. Upon the de-
ciston OF tho Court OF Appeals he demanded the
able manner for some time and was replied to by
Assistant District Attorney sullivan But as the
decision nad not as yet been perused by etner Court
or counsel attentively, at The suggestion OF HIS
Honor Judge Bedford the iurlher consideration OF
the case was
POSTPONED FOR DAY OR TWO,
10 anOrd His Honor an Opportunity or studying the
decision and rendering his decision under IT. This
was satisfactory 10 Counsellor Howe, and the case
went over Tor the present.
IL VIII be remembered that the jail clearing by
Judges Barnard and CardoZo formed one OF Tho
chief charges against these gentlemen presented Dy
the Judiciary Committee. As the Court OF Appeals
mas sustained them, and thereby
LEGALizED THEIR ACTION,
This charge al all cveut5, must tall to the ground
MI. Howe intends to apply Tor warrants or release
for countess offenders under the new turn or affairs.
me immediate eiec5 OF me decision VIII be very in-
1urions to the community without DOUBT, but then
1t IL the law.