The New York herald., 1872-04-24
GENERAL JAIL DELIVERY.
Tho Convictions in the Court Of Special Sessions
Argument Before Judge Brady, of the su-
preme Court Upon the Habeas Cor
pus Classification Reserved.

An unusual and rather motley looking throne
assembled at noon yesterday in the suDreme
Court, Chambers Judge Brady on the bench Most.
conspicuous among the strange group were ten in
mates OF the Penitentiary, on Blackwell's Island
and the House of Refuge, who had been selectetf
from the 253 convicts In whose cases writs OF ha
beas corpus had been granted with view, II DOS
sibe, to effect their release the ground Of hav-
ing been illegally tried and convicted before one
Judge at the Court of Special Sessions. The rest
of the group was made up OF relatives and friends
OF the prisoners, anxious Of course,
as to the result of the legal Efforts
being made in their behalf. Others equally curious,
though not equally interested, filed the room to its
utmost capacity. Promptly at the hour specified
for the argument to begin Mr.. William +. Howe,,
who appeared for most OF the prisoners made his
appearance, looking as serenely bland as usual
District Attorney Garvn followed looking in
greatly improved health.
ARGUMENT OF COUNSEL
Mr.. Howe, in opening the argument proceeded
with his usual eloquent ZEAL and never spoke with
more impassioned fervor. He stated that the re-,
turns showed that in some instances two Judges Of
the Court Of Special Sessions occupied the Bench,
and in others only one Judge. He said he would
take up both cases.
The Judge asked which case he would take up
first.
Mr. Howe said he would take up first the case
of conviction by two Judges and having shown this
Illegal Or in other words, that the Court itself was
Illegally constituted, that there would be no neces-
sity Of further argument. He then proceeded to-
Special Sessions. He called attention to the deci-
sion Of Judge Allen. The Court of Appeals had del
cided that the statute creating this Court wasj
unconstitutional, having different title and being
for the purpose OF raising money. In consequence
of this decision they had to fan back under the
under this statute. He urged that accordingly
all convictions under the previous act were
Police Justices elected as simple Police JusI
tices. The Legislature went further and consti-
the same principle the Judges Of Special Sessions
might have been designated Judges Of the Supreme
Court. The District Attorney has submitted prop
osition that if these men were discharged they
must be rearrested. He had simply to submit that
when these prisoners were discharged there was NO
law under which they could be reconrmitted. In
support Of this he cited section OF the
Revised Statutes in regard to writs
ers % nsa m SIX
eight and some ten and one over eleven months
None Of them. he insisted, could be placed ins
jeopardy again for the same offence. He called at-
tention to his argument before the Supreme Court,
General Term, in the Collins and Edwards case re-
urged from every possible legal aspect Of the case,
that these prisoners must be discharged. The
vcting them had no legal existence, and therefore
the prisoners, he claimed, could not be held.
District Attorney Garvn in reply said that this this
ago the same question was raised by the learned
opposing counsel at the General Term Of the Su-
preme Court. The question then referred to the
Court of Oyer and Termner. He alluded to this to
show that legislation regarding our Courts is very
Loosely done. He read the statute of 1870 in refer
ence to the Court of Special Sessions. He insisted
that the decision by the Court of Appeals Of
the Illegally Of this hi M statute which was
discharge of all the prisoners convicted by such
Court. Because one judgment has been reversed Isl
strrIr hn
1t was, he claimed, essential to go over the entire
record in each case This general principle.
Court OF Special Sessions was de Jdcto Court. It
was not denied that the Judges holding the Court
weRe Judges. They were the right men.
Mr.. HOwe-The right men, but not in the right
place.
de .tactO officers and how binding their acts are.
He called at tention to the case of The People vs..
White, In 2Wendell, page 523. and enlarged at
considerable length upon the legal principles in
volved in the case. He also referred to numerous
other cases involving similar legal principles.
views he had expressed, there was one view in
which there could be no disagreement.
Mr.. Howe-NOw comes the vital point.
Mr.. Notwithstanding that the statute is uncOn-
stitutonal then it follows that everything done in
regard to the prisoners is void. There has been no
trial. no Judgment, no nothing. The prisoners must
be remanded. In supporting this point he cited
Bishop on Criminal Laws. He urged, in conclusion,
that the prisoners, If discharged, must be remanded
Mr.. Howe insisted that the Court OF Appeals in
the Huber case, decided THAT the Court oil SpeclaI
Sessions was illegal, and that all convictions by
that Court were likewise illegal. He reviewed
this decision at length. He had studiOusly
avoided citing authorities at length because the
whole matter had been settled by the Court OF APP
peals not single Judge dissenting. The Court Of
Special Sessions was never a court. Their acts
were all void. There was a plain constitutional re-
quirement His Honor must follow the decision Of
the Court of Appeals. These men must be dis
charged. Why did the District Attorney send to
the Special Judges written notice that they must
reOrganize under the statute OF 1868, and
why was he present at the reorganization
Simply because he knew the Court as 1t had been
organized was Illegal; simply because he knew
that Court had vitality; simply because he knew
the Court OF Appeals decision had settled the
matter. The Court Of Special Sessions had during,
the time of its illegal constitution convicted II 900
persons. This showed great activity on the part OF
the District Attorney. After showing the RESPONSE
bilty that might he thrust on the District At
torney for these convictions, he urged In con-
cuson, that the simple question before the Court
was one susceptible Of easy and prompt decision.
The prisoners had been Illegally tried and convicted
by an illegally constituted tribunal They must be
set free. The principle Of law demanded 1t; the
principle of justice demanded it; the principle Of
right demanded it,
At the conclusion OF the argument the Judge
stated that he would take the matter under con-
sideration and give his decision in a few days.
rur nApuCv MTTDnTE