The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-20

OIucEs DcIlcvt mr. sullivan bUxxcStcu tuC nohsc
Of Chief Justice DAILY. then took occasion 10 say
that It mattered not TO my associate or myself
ts Judge DAILY Or any other Of the sSd g sn %
Court. or whether either Of the immediate Judges
meaning. Of course, my associate, the Recor,
proceed. Iexpected at that time TO leave the city.
but received subpoena IN the Stokes case, and l
question the counsel may put to me. believing that
II should leave the city It might give rise to COM
deemed it but right and just to myself to be mere 70
hold myself In readiness whenever the counsel and
he 70
dS mot e1P sSa Sea here ns sVs
TO assume and meet an 0fclal responsibility ana It
public life never, no matter what the responsibility
It. ana I cannot to-day shnnk from II.
think That y but night and proper. though there
getting jury, that an EFFORT should be made to en-
panel jury to-day, and then let the case 90 over
untll tomorrow, for, as tne accused says. II H.. s
ton. He is here arraigned under certain indIct-
ments. He seems 10 be confident OF hts innocence
and think unless the people can show conclusvely
that they are not ready and cannot 60 ON that the
jury: and think the Attorney General. who is aud
always has been considered very fair and honor
able oficial VIII certainly concur with me and pro-
coed with the empan elling OF a jury.
Mr.. BARLOwl1 wholly misunderstood Your
Honor, for, with all respect to you cannot accede
matter thought since last Saturday, supp0slng
this week would be devoted to the preparation Of
the case, have no witnesses, no sort OF readiness
for the trial, ana snail not be in readiness before
next Monday, and protest against the case being
Mayor HALL-Tne Attorney General once more
protests l never knew since the reign OF James
ii. Of the protest OF an Attorney General stopping
law or under the constitution. Change the state Of
affairs. suppose that the Attorney General was
Set nG
order OF the Court and rose IN my place and SAID
ing TO the Court that witnesses were absent, but
case Re pSt orr Tae Attorney General has not IN
any wise been taken ny surprise. He said IN his
opening remarks mat the sole ana only reason Tor
DAILY. Now that reason cannot exiss to-day, for the
City Judge is present. II It was not the Attorney
Jury uninvited and make an opening
%sr ape as up
thereon procured IN the absence Of any testimony.
II testimony existed valid for the Grand Jury let US
have II brought forward under the beautiful sun
light that nature has given US to-day, and examine
wnat It is before petit jury. To the Attorney
OF New York represented, should prove as ready
as another. l don't understand him to say that
ance mere to-day or Tomorrow The Legislature has
adjourned, and without intending dtsc0urtesy iii
any N s the
fringe upon the rights OF the Attorney General or
District Attorney. still insist that we shall proceed
to-day. II the Attorney General protests against
going on, the protest OF the accused under the
stitution ought to have the greater weight
os as amy any o1 poSon Of The public ss may may
arraignment OF any Official, whether ne be con-
81 o g
Is scandal mat any olficer should Practise his
duties as ne is compelled to do, with sword Of
charge OF Ofrlcal negecr, which they decline to let
HIM speedily meet. Ana l am as anxious in the
sss accused inc to that thee ws as
no official neglect or II there was TO submit myself
cesd today and that the jury now ss
/ understand nom the Clerk OF the Court that two
or three hundred jurors are In attendance the
dollars a day In keeping them in attendance. II
lett until next Monday an expenditure
considerable in these days Of proper economy.
Here Is servant OF tho people charged with Official
N the rr
therefore ask Your Honor that you adhere to your
intimations that you have already gwen to the At
tOrney General that the case proceed to-day.
Attorney General BARLOW again insisted on post.
ponement urging that the counsel ne expected TO
try the case was not ready and would not be ready
UNA MAYOR ayL LII the Court please, them must
insist that the regular Ocer of this Court shall
charge Of this case. regret very much to be guilty
OF any discourtesy, but call the attention or the
BY su1Ierance o. the Court He Is not here IN
his 1icsI relations Of IN the attorney General
SUCH right does not relate the sessions but only
swer that the Attorney General AZ Attorney General
1s not ready. There Is another statute that
try cases it shall be the duty Of the judges to assign
counsel for the people. l don't understand the
we can go on and empane jury.
Assistant District Attorney SULLIVAN followed IN
brief speech, stating that II the Court directed the
case should proceed. He would not shrink from his
duty. He would proceed If the Court directed. He
trial. but the District Attorney had given the matter
entirely into the charge OF the Attorney General.
We have relied upon the Attorney General to bring
Mayor HALI-If the Court please that is spoken
as should speak gentleman who bears the name
hOnOred in history OF AlgernOn Sidney, friend OF
liberty and OF the prosecuted. There Is no collision
here unless the Attorney General mas made one
wholly against himself. There cannot be complica-
tons either, Your Honorl This Is simple case Of
misdemeanOr. would have the right TO stand here
and ask that II go TO the Special Sessions, ana the
demand would address itself to Your HOnOr's as
erection whether 1t should should not be granted
have read some criminal law and forgotten much,
but can remember only one case wherein an
Attorney General appeared in case
OF SIMPLE MISDEMEANOR,
and that was where Attorney General Jordan had
been Ibelled and his representative appeared Tor
the people. This Is simply case stating that The
accused wilfully neglected TO accredt one certain
any fraud. No charge that the city lost any money
by the neglect. No charge that benefited by the
neglect i accept this charge OF mlsdemeanOr in
the name Of my constituents, as vindication OF
my personal integrity. Had there been q charge
or fraud capable OF proof the Grand Jury would
have made one. A case 30 simple ought to pe
tried In an hour or two on the part OF the people.
Nevertheless for reasons best known TO himself,
the Attorney General has thrown the weight OF his
great of1ice into this case. l should esteem 1t
privilege to meet the Attorney General at this bar,
professionally or otherwise. l court the Opportu-
nifty OF crossing forensic swords with him. Wnen
the Attorney General gives the weight OF his Office
to my misdemeanOr case he gives the opportunity
to me and my constituents and friends OF meeting
my accusers face to face, put IN my defence sub
init to the law II am guilty-though Ieel certain
Of Q speedy and thorough yindication upon even
the testimony Of the prosecution
Judge BEDF0RD-For the first time learn from
Assistant District Attorney sullivan that Judge
Garvn. the District Attorney, gave TO the Attorney
General the conduct and control Of this case AZ far
as representing the people. II understand Assist
ant District Attorney Sullivan correctly, he further
more says that Judge Garv1n is not prepared to 20
on In the case, having relied upon the Attorney Gen.
erai to conduct It. The Attorney General assures