The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-28

relieved and satisfied II this prisoner shall be able
70 show that she Is innocent OF the great CRIME
are able to feel and 70 know that
SHE WILL BE SURELY CONVICTED IF SHE rs GUILTY.
With the preparation that has been made the able
and distinguished counsel who now have charge OF
the case can, In short time, without doubt, COM
plete the necessary preparation for the defence
be regarded as any further cause Tor delay Will
any laches which ordinary energy and Intelligence
can avoid be overlooked. The increased expense
In the administration of justice which these delays
create Is OF little consequence compared with the
sunT %a Wf u Ta Is
now given we cannot f0resee any just fur
ther delay Under all the circumstances OF the
2atn OF April next at eleven clock A. M.
IMPORTING THE NEW YORK JURY TRICK.
The District Attorney stated that he had been In
formed that but twenty-five OF the panel or the
thrlysix petit jurors were present. They could not
commences to draw from the panel unless the names
adjournment OF the Court he hoped that an order
would be made to provide for an additional number
or jurors. The Court then ordered the Sheriff to
bring the Grand Jury into the court room.
THE TREATMENT OF MRS. MCARTY.
wished to make q suggestion ana request In the
interest OF his Client He had no complaint to make
N nss ea az tne Of Mr
ia Ter. That officer had evidently done all
~ ~ his lis, power % make ner :, comfortable, but
since Mrs. McUarty was committed to the Mohawk
Street Jail she had been suffering more ana more
visited the jail ne had found her In the most COM
Portable room that could be provided that inst-
ting front Of an open Window wnsn he s asked
her why she did not move out OF the current OF cold
at sne repiieami must nave ar or VIII die"
kept the windows open In the coolest weather.
The counsel did not wish to find fault with
the Sheriff or mis- deputies. They have done
everything Tor the prisoner IN their power.
He would respectfully ask the Court to grant
an order which would permit his client to enjoy the
open air more or less every DAY until the tune Of
her trial. under the care Of proper officer. This
TO endure ner trial. The Court would undoubtedly
grant this order to relieve the Sheriff OF the respon-
soty MIS- n;. Mc0artf has no money TO pay the
persons win probably be found VINO will provide
for It,
The Judge said this was not the first time that
complaint nad been made OF the total unttness OF
men Of Prisoners At some future me III not S now
1t Will be considered that there has been criminal
nose who are responsiSe Tor e present
OF things. Ordinary humanity should suggest That
suitable jail should be provided at once He hoped
necessity tor prompt action IN TINS matter they VIII
feel admonlshed that the people think that It Is high
time that they took into consideration what their
duty Is III the matter OF providing suitable jail.
TAMPERING WITH WITNESSES.
Mr.. BabcOck requested the Court to make an order
in reference TO the subpGnatng OF witnesses for the
defence. He had no complaint to make against
the District Attorney IN Inn matter but ; S
prisoners counsel which led them TO believe
that 1t Is hurtrul to their interests that
the prosecution should know who the witness es
for the defence are. The counsel believed that GER
tain parties who interested In the prosecution,
not the prosecuting officers have attempted TO tam
per with their witnesses. The defence asked that
they should have the privilege OF selecting proper
officer, Deputy Sherlf to subpoena their witnesses,
and they will take the responsibility OF getting them
into Court
Mr. Mitchell had no fault to ind with the District
Attorney The counsel for the defence were disposed
TO believe That he would act fairly and
justly In this trial; but other parties In
teres.ed IN the prosecution had been engaged IN
circulating through the county pamphlets containing
most terrible lloels against their client. The de-
fence wished TO OBTAIN the services OF proper
tendance OF their witnesses without improper inter.
ference on the part OF interested persons.
PREJUDGING THE PRISONER.
Judge D00little-lt has been very evident that
there has been an unwarrantable course taken by
both sides this trial to PREJUDICE the case. Sucn
action Is censurabie highly censurable. IL Is to Do
hoped that the time viii come when persons will be
satisfied to wait until the Court has passed Judgment
on such cases. 10 the Courts alone belong this
defence was worthy OF attention. The subpUnas
should be presented to the Sheriff In order that
injustice should be done TO the prisoner. The Court
made this order without intmating IN the least that
there had been any unwarrantable action on the
patti OF the prosecution.
The District Attorney said the prosecution would
prefer that this course should be adopted, 1t
would relieve them from the responsibility Of the
attendance vi witnesses,
The petit Jurors were ordered to return to Court
on Monday, April 20, Mt eleven A. M.