The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-16
M YOR HALL.
Can Judge Daily Legally Further Extend
the Term Of the Court?
Formal Evidence Of the DEATH or
Mi. Clark.
Postpcnement of the Case Until
Monday.

IIOIludys
The case Of Mayor Hall again came up before
Judge DAILY yesterday morning in the Court OF Gene
ral Sessions which for the present Is being held IN
the apartment Of tile Court OF Common Pleas. The
known death OF a juror had doubtless abated TO a.
great extent, the interest and curiosity OF the publ
lie; and, conscious that no progress would be made.
they left the court room, II not empty at least by,
no means Overcrowdcd. Sul there was a very faiE
attendance, and the reserved space Tor the ac'
commodaion or counsel was flied with.
the professional friends and brotren OF the Mayor.
The most noticeable elturo or tho court room was
the empty cnalr OF the dec eased jurOr-the second
on the 'front.' row the back Of which had bcens
adorned In great good lasre With huge rOsette or
black crare. Mayor Hall looked in better heatlt
than during the earlier part Of the trial. but eVs
IDENTITY felt keenly the further adjournment OF his
case rendered necessary bY the death OF MI Clark
The Court having Opene1, Mi. Peckhain said
We suppo that under existing circumstances, thH
drst thing that Is necessary be done this NORM
ing IL to extend the term OF this Court beyond the
time ut which it limited In order that what's
ever subsequent action may be AIKEN shall be taken
within the time OF the term suppose it will fur!
tner be necessary to discharge the jury as ats
present empanelled ana proceed to the empancl@
ling Of a new jury, or whatever other course
term of the Court ceases at the time or
the discharge OF the present jury, and In
order that We may not be placed in the position Or
not being able TO do nytning at all We would asks
the Court TO extend Its term to . fixed day-say ~
some day 10 the middle OF April next.
CAN THIS TERM De EXTENDED?
Judge DAILY have a little doubt upon my nina
as to the legality of the course suggested Tne con-
tinuaton OF this term appears TO have been sOme-t
hat px OcanIinV-oXtraOr1narV
the Of being unususa-and to have been subj
seauen.ly legaiZed by statute. I do not knows
whether that statute gives any further power 10 exS
tend the term again.
MI. Chnton-This Court Is extended, as unders
stand 1t, under the act Of 1882 which reads-'Tha
Court Of General Sessions Of the peace, in and for
the city and county Of New York, Is hereby ema
powered to extend any OF Its terms, and to make
any adjournment Of the said Court within It's disI
creticn."
Judge Daly-That language seems to be br0ad
enough The question is, however, whether the
Court having already continued its term, has poweE
me eect or tne nreyous order extenIin1 the term
MI. PecKham-Of course the Court could not ok,
previous order reads that the Court hail be con-
iinned until The conclusion OF the case now ON
tria." The Court is III my judgment as able To
extend It's term now as IL was before. The jury is
no. yet discharged, ana the case Is not, theretore
Mr.. Burrill-AIl can do is In the way Of SUCCESS,
@ u e asnse w 70 ave- the e 81
as that an acquta by the Jury OF the Charges made
aeience against another for the same
offence Tnls act OF 1862 when mas peen read:
It's Term, has been regardcd-as is proved by tho
trouble about the Grand Jury, and the special act
passed legallzlng lt-as limiting the power Of the
Court to q single extensions, and the argument has
been that the power once exercised was exlalsted:s
Judge Daly-I think the construction suggested
by Mr.. Burrill would be exceedingly narrow and IN
opposition TO me entre course o JUDICIAL ns, proceed
| could possibly have been made.
Mr. Burrlll-The power OF the Court is not, IN my
to ode branch OF Inc Court extend indef
ntely, because that would give the Judge having
the trial OF term power to GUST mis- associates mold
ing the coordinate branches OF the Court from al
jurisdiction. The object oil concerning this powers
business which then pending or which, least,
was In inception a. the time the extension became
Court Of General Sessions IN session at one time.
except In view OF and under statutory regulatiOnAs
its adjournment in contemplation OF there being twd
courts in session and directing certain prcllMnarca
through with IN order to make this doub. session.
| regular. When Your Honor extended the term Of
March Of the General Sessions in session. but
when the March term began on the LIST that put an
Of Inc term was TO ns case
Mr. snliiyan, the Assistant District Attorney then
different statutes OF the General Sessions has beer
surrounded with great embarrassment, both to thd
Judges VINO presided aud especially in the ONCE Of
the District Attorney. The difficulty does not ARISE
simply from the language o. the act w1 S mas been
| would be- PLAIN. But that has to be taken
into consideration IN connection Win good
| make inevitably very grave embarrassment and
greatly disturb the proceedings OF the Court re.
fer to such statutes as regulate the number or tue
| terms OF the General Sessions to be held, and
prescribing the duties OF the officers Of tue
| Court in respect to the empaneliing OF Jurtess
| &C. was very glad therefore, to hear Your honoI
asking counsel to bring to your notice all VI the
statutes or anything that was proper to be coDsdI
cred in coming to determination about this. Front
the moment That the first adlournments tooha
the part Of the legislature Womb be ooI ne,
ana the n St alone s at h
instance OF the District Attorney. Some most
eminent counsel advised such an act; Mr. wSonor
| who are associated with him. !
Mi. PecKnam-Not as 1t exists at present; 1t was
| altered AFTER 1t lett our hands.
Mr. Sullivan-while, therefore, am not making
any motion hope your Honor win nc, take any
witch ! am now, for the first time. bringing I'd
Mr.. sulivan.It iegallzes the various adjourn-
ther that we have now In custody persons who are
| under Indictment and whose trial has been post
poned partly because II was not desired TO bring
journments were pending, and there might be grave
legal questions ralsed as there doubtless would be-.
Uy uDc anu Ingenious anu cdTncSt CUuuSei. lucoo
trials are suspended until this difficulty shall be re-
moved. All these facts are proper to be placed be-
fore Your Honor, leading you to D proper dc-
cIson in regard to the matters here before you.
me Tombs Is now so full that each cell has 10 Do
occupied by three prisoners. a. 1855.
Mr.. PecKham-We only make our motion III oluer
to have basis upon which we can argue TUG gaes-
ton OF the legality or otherwise Of iurmer eAen"
sion or the term OF the Court: . 1900, asor,.,.
Judge Daly-I will extend the term ars ~Vnuy
next Tor the present, but must Oe perec.ly sas-
fed of the power to extend pei0re ~, kint any
longer term as / am here merely ior Tue special
'i Mr.. u PenEham"I viii now proceed to present to
the Court the formal evidence Of the death OF tho
,.,,,t,.. to ah