The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-19
NJ YOR H ALL.
Interesting Question as to the Legality
Of the Recorders Court.
A "MIXED" SITUATION.

There was another session yesterday OF the Court
OF General Sessions, now being held by Judge DAILY,
to try the case OF Mayor Hail. Public interest in
the trial seemed, from the slim attendance to have
already died out, or, perhaps the rival attractions
of The pageant OF ST. Patrick's Day. coupled with
the certainty that nothing OF importance could for
the present be DONE were the motive causes OF the
thin audience yesterday. the Mayor looked con-
sideraby disguised at the delay, but displayed an
undertone OF cheerlulness which showed that he Is
still as hopeful ever that the close Of the trial
VIII do hun the substantial justice of an acquttai.
The Court having opened, Judge DAILY read
learned and carefully penned decision In regard to
the question raised on Saturday In respect 10 the
legality OF the power OF the Court to extend It's
term After tracing the history OF these Courts OF
General Sessions and reviewing the recent statute
both in England and America In regard TO them he
concluded as follows:-"I entertain no doubt OF the
power OF the Court 10 extend the present term In
the exercise OF us discretion. 80 far as the public
business may require"
Mr.. Tremain, on the part OF the prosecution, then
moved TO continue the term Tor sucn reasonable
time as HIS Honor might deem necessary for the
eleven Jurors be discharged and That their names
be put IN the box ana DO Immediately called over
Their challenges and that after the jurors shall have
thus been selected an order be made by the Court
considered proper for the convenience OF the Court
Judge DAILY said he thought there could DO no
ODJeCLOu CnlS course, Us III SeVeTb CdSeS Ol tuc
death OF a juror In criminal cases In England such
had been the plan adopted.
MI Burril on the part OF the defence, said that
though he did not wish to argue the matter, yet
still ne thought there still renamed grave doubt
as 10 the legality OF tho present Court. He
thought the March term OF the Recorders
Court was regular and legal for the reason
that 1t was the legally appointed session OF the
Court, and at the time that session commenced
there other term OF the Court III session ex-
Cept the term continued by His Honor for the spe-
cial purpose or conducting the present trial. As
the term had been continued by HIS Honor Tor that
to hold the march term, and II was equally clear
that two single sessions could not be neld at the
same time.
Judge DAILY said that there was on this matter
grave doubt still remaining IN his MIND. While he
had no doubt that he had power to extend the
present term yet still It was certain that TWO single
sessions or the Court could not be held at the same
time. Either his Court the Recorders must,
therefore, be Illegal and he would like to hear the
ClSlon. FOR personal reasons he would much pre-
fer not trying the present case; but he could net
shrink from duty that had been thrown upon him,
II II were clear That he had jurisdiction 10 try IT,
Mr.. Treman was about TO commence an argu-
Ment in favor OF the continuation OF the term, when
MI. Sullivan rose, and alter announcing the death
OF Judge whiting and paying an eloquent and
hitting tribute to him, moved tnat the Court adjourn
out OF respect 10 his memory.
Judge DAILY granted the motion, saying at the
same time That, having known the deceased gentle.
every ord OF the modest tribute just paid to HIS
memory.
eleven O'Clock