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

Honor, but the defendant comes mere, ana TOR
purpose which. am here 10 meet He comes
here sir because ne expects TO try this to-
day: He knows ne cannot try i to-day; he knows
that Chief Justice DAILY Is not TO be here to-day.
HIS application, sir 10 try this case to day 10 made
tricks-(sensation and suppressed hisses)-0ne OF
those fraudulent pretend. suppressed mutterings
charges against him IRON the very beginning. He
comes here To get the cheap credit OF appearing to
the prosecuting oficer as appearing not ready 70 90
on with this trial Now, SIR the prosecution n not
Fl hss
understood that we are not ready and tina! the mo,
yves ana purposes Of TINS defendant coming here
To-day may be understood. There Is one more tnngI
would IKE to ask Your Honor WHAT Is the doctrine
and theory OF tins Court in regard to the Trial OF
have here. and in me other papers, as
preeide at the trial, tnat Is matter,
think, resting entirely with the District ATTORNEY
Honor ls correctly reported; but would nike to
know whether that Is the doctrine Of this Court
mltted 70 select Judge before whom tney to be
As | understand the matter, the selection Of the
jndge VINO rs to try this defendant rests with the
cannot do not wlsn to try It, and there are many
reasons expect which might induce the Judge
snat the question is with MIN whether any osaeT
Judge viii try this case. That ne may
determine II nlmse or on consultation with the DIS
trct Attorney, That man under indictment can
come here and select his Judge whether he be
Mayor OF thus city or any other man. is . new doc
TRUE to me. came here-and this " the only rea-
son why came hereto protest entirely against the
tone In which this matter is treated here. have
this matter. want o calm and fair trial; but when
see man VINO IS indicted for a criminal offence
OF Judge and In defiance Of the agreement Of
tine prosecuting officer. 70 talk about his
come here and ask what there " In this
case which takes 1t OF the ordinary OF crmi
tone Of apology which has pervaded me proceedings
here from which we might think that the people Of
o @
here 10 the bar OF criminal justice come here to
the communiiy At the whole tone which has per-
vaded this proceeding here, and ask, in conclu-
to ask anything Your Honor Knows-that this mat.
ter mas been assigned to another judge and ne Is
case ike any other criminal case and let the mater
stand over until the day agreed upon by the Judge
II the Court please, !, at least, shall remember
the dignity Of the position winch hold IN the
and the iacts. the learned Attorney General is
here probably 70 represent the people and In due
WIT, the, dat Of the Governor Of the State;
higo ONCE, remembering. Of course. that he is Inc
successor OF Van Buren,, Ogden Hoffman, Ire
filed his distinguished position. or whether he is
here as volunteer, makes no difference to me. II
TO HIS PERSONALITIES
they VIII be made hereafter the learned Attorney
General has read to the Court only portion OF Your
IS not 70 me matter Of ajadge. It is a matter to
me Of time pointing in the direction OF the CLOCK
'nS regards Si the Judges VINO may An prssi1s
with the District Attorney and with Mr.. Hail; ' and
whether the conclusions be that the trial takes
IN this on Of Of e
immediate Judges OF this Court, my associate and
easr w Of ~ In
WIN pc designated would lae II; for It Is, sir, due
to the pubic that an early day should be named,
has at all times courted an opportunity for
be
defendant TO stand In this Court and ask speedy
device Of the United states constitution, which Sc
cures the right Of accused to speedy trial. The
art in the way with him." Your Honor has been
Seya0s ~ Subpoena as One OF sns jury
Commissioners to testify In case now pending In
was peremptory order for this case, and and
1t was SET down for to-day. The suggestion
accompanied by anoIher suggestion that Judge Of
the Common Pleas preside, and ne has not come.
Your has not e the the
General has any objection to Your Honor ! have
TAILED A., 70 hear t. certainly ,,d have none be
Bile to inc same criticism. But the Attorney General
when faddressed to MIN, dated on the I5tn inst.
MAYOR HALLS LETTER.
from .; a.. s;hSssS pei.
ready esssuss ch'sf Justice s.ssnd
until the 10Th inst must Fob insist upon
day note written Sa, m.s
y p
functions is weeks would prove to other dsi.ndsns
GENERAL BARLOw's REPLY
sInYour trial va: set down for February 49, subject to
Informed SonSsy would no ct hold hold
s 80 M as M % ss % s end e s %a
usual for the defendant in criminal prosecution 70 insist
that time and suoh application can be made
WIN ~ '1p''F FRANCIS 6. BARLOW, Attorney General.
The reading OF these two letters caused deep
but silent impression in Court the Mayor empha-
appeared to him as discourteous and unfeeing UNI.
der all the circumstances Of the case 1t was very
accepted as right always was enlisted thus far in the
p THIS is, think said Mayor Han in conclusion.
dignihed statement OF my right to insist on going
on with the case to-day.
ASSISTANT DISTRICT ATTORNEY SULLIVAN
here rose and addressed the Court He said that he
never snraaa from me ma Of any public
had given the conduct Of the trial Of this case into
the hands OF the Attorney General, and, as Assist
ant District Attorney, he would not be guilty of the
Improperly Of ODecting to or differing from an on
ctal decision OF Judge Garvns He also felt that IN
the hands Of the Attorney General the interests Of
the people were IN safe and competent control,
and ne would not be guilty Of the discourtesy
toward him to seem even at this stage to
acauiesce In the suggestion. He desired that the
case should not be allowed to take shape which,
In his humble Judgment, would be unfortunate for
the interests Of the officers OF the law and also, II
he mig mt be permitted to make the suggestion I'M
fortunate for the DEFENDANT Under the crcum-
1t would not proceed, II might Involve an appa.
rent conflict and unpleasant collision between the
District Attorney and the Attorney General. He
would deprecate any decision or any motion that
would involve the District Attorney In that dilem-
ma.
Mayor HALL-I am not aware, sir, that there has
been any personality Oh my part II there has
most respectfully apologize to the Attorney General
the District Attorney and the Court 1 snail make