The New York herald., 1873-12-23
THE CASE OF MR.. HALL.


Of Mr.. Hall.
ADDRESS TO THE COURT.
Mr.. Hall then rose ana proceeded to address the
Court. He said III the Court please, on Thursday
afternoon received the following notice.
"a PARK Row, Dec Is, 1873
sR- hereby give you notice that the trial of the in
nctment against in the Court Oyer and Termner
ssreed, will be moved Monday, the I'd inst Yours
FRANCIS G. BARLOW, Attorney General
The messenger who brought the note said that the
Attorney General desired an answer, whereupon
one was sent, OF which the following is q copy
srR-I accept your notice will be ready to meet
you as have heretofore BEEN Your obedent servant
understand the trial, in obedience to this notice,
to be now moved by the representative OF the At
torney General. Personally, sir, am ready for
trial. but beg to submit some considerations to
to the Court, both by way Of explanation and
Illustration. AS my learned friends on the other
side know, have been brought before two juries-
Hrst partially and second entlrely-and have
always bess xiops for trial that on one occasion
uIaE1d my learned friends at considerable personal
Inconvenience. My only apology for that was that
on each Of those occasions held office as Mayor o.
she city OF New York. and 1t was PUBLIC scandal
Tor the Mayor to remain thus indicted for Official
mlsdemeanor without ii guilty being convicted
and vacating his office, or II innocent vindicatng
~
piea Sc, my learned friends will perhaps re-
eau the TACT that at the last trial | held
men me Il / was obliged to 'AI lace, " because aus i
have always considered that it was no release Tor
man to be acquitted by IL jurors II he was con.
Vtcted py the moral sense OF the community, and
shat 1t was nothing to be acquitted by IL men II
h ne moral sense % Q, Inc &c mn twas WAS aganse 81
spread all the evidence before my constituents.
have done that, and it would be afrectatlon in me
fn hat avyin md m ha Nov hpV Vyfn
l think, placed the evidence in regard to that pub
lie scandal befor the people, am now as anxious
for trial as have hitherto been, and 1t would be
equally afiectation in me to deny that every
ratgnment OF me before a jury is social, domes-
TIC and professional grie and it would % be be equally
when a jury IN misdemeanor case dsagreed-a
jury that had been, as know my friends will ad-
init, untampered with-regard would be had
to the cardinal principle OF common law. that
no man should be convicted while there existed
q reasonable and rational doubt. For the first time
In my professional Lie / find misdemeanor case
In which a doubt has been spread upon the record
brought on for trial second time. Now this is no
complaint. am personally ready, and IL would be
Rfectati0n In me to deny that when received this
notice it came upon me almost with the force OF
thunderbolt. But had my character and reputa-
tion to defend; ana while ready then, as am now,
l did not think at the time that this is holiday
aware OF the TACT at the time that my counsel were
absent from the city attending the obsequies OF
the late lamented Judge Nelson, and did not re-
chem until Saturday night could not consult
with them on sunday; could not ny in the face
OF that Providence who has kindly taken care
of me down to this moment and on whose
arm / rely to vindicate my innocence, but II
notice Usi ths Week snail 90 on az am prebared to
do alone, by the aid OF my partner-not only my
partner, but my brother-brother in all but blood
relationship. My friends tell me this would be
foolish. Perhaps so; perhaps not. Therefore ad-
dress these Considerations to the Court. Hardships
to me are nothing. 1t Is nothing that surrender
my professional engagements at the close OF the
year. With my Client the present Sheriff. going
put, and another Sheriff, my Client coming IN. my
duty to my family and friends TO be ready. but
must present these considerations to the Court In
regard to the gentlemen who counsel with me.
Even II they are here shall claim the
privilege OF manGuvring and conducting my
own defence, for no man knows 1t better but at
The same time man must rely to great extent
on his friends and his counsel, and I'could not
think OF begging my counsel to come here this
greatest professional sacrifice. These considera-
tons place in the hands OF the Court II the Court
thinks l should go on or trial, personally am
ready; but, at the same time, 1t is my duty to my
friends and my counsel 10 submit these considera-
lions my counsel submitted ano,ner consaera
this case they were TO be ar2ued'in Two weeks 0e.
fore the General Term OF The Court. throw myself
on the Justice and consideration OF the Court, and
shall abide its decision with the utmost satSac-
ton.
MR.. TREMAIS's REMARKS.
Mr. ITemain replied that ne saw no reason TO
delay the trial. A msdemeano stood on no diner
ent i2otlng nom any other crime, and the defend
ant himself being personally ready, and being him.
self an experienced lawyer, and aided by such
able counsel as Mr.. vanderpoe he saw no reason
for deferring the case. Besides he had seen one
Mr. Halls counsel to-day In the court.
MIR. vANpERP0EL's REMARKS.
Mr.. Vanderpoel said II was wel known that
owing to his deep interest in the case he would
take no active part In IL. The Court and counsel
knew how dangerous II was for man to be his own
counsel He could not prevent that; but the coun-
sci for Mr.. Hall mad been surprised by this sudden
calling on OF the case, and their immediate attend
hnce would Interfere most seriously with their en-
gagements.
Mr.. Tremain replied briefly.
MIR. Hall said he made this request not complain
ing OF anything: but simply out OF difference TO the
position OF his counsel For himself he desired
no adjournment
The Court thought tnat the notification was
sufrcient. and as probably the empanclling OF the
jury would take some tlme MIR. Hall had better
send for his counsel. AS far as concerned the Tor
mer disagreement OF the jury, he had no power.
The District Attorney had not thought II proper
TO move nole prosequi, and ne had no power
10 grant one.
Mr.. Hal-So far as am concerned, I'm content.
The Jury was then called.
Tho nrst man called was Mr. Valentine Schnei-
der. NJ. Hall declined TO challenge hlrL
ri nroQ