The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-01

a. sbfe and prevented o. this has been, ought tc
Sys s as na
that - necessary and proper i0r the iurtherance
Of public !vstice that some result snSuid imm ,
date trial OF this case again at this present mo-
ment, End ask the Court to direct panel VI jurors
Me-. Field-We think, Your Honor, this request is
novel and remarkable, and not to be acceded to.
we have been engaged now the better part 81
OF the case. We are all exhausted. We do not
feel able to enter Immediately on the retrial OF the
been very great. We have been kept in a court
room not lit for anybody to breathe In, and l. for
Sne cannSs endure rel such another three
the 18th OF February, with an 1ntimatlon thar
OF preference possessed by the people, and our
attention must be directed to 1t, and has been
in part; and we shall need all the time we can
spare nom other avocations to prepare for 1t.
We think 1t would be q very great hardship II we
should be forced into trial OF this case now anu
we think, moreover that there ought TO De little
time for us all to cool before we undertake another
operation that will be likely to heat US as THIS mas
heat ali around. We no not suppose this case Is to
be tried differently from others TINS Is the nlghest
criminal court in the city The jan Is u OF muir,
should be sought to be taken out OF the ordinary
course we do not understand. The example OF
OF camor among the public or in the newspapers
Ia detrimental to justice; 1t tends TO pervert Its
course, and we protest against IL.
Let those persons accused Of violent crimes be
tried. 1t is Of more Importance than that tins
case OF misdemeanOr should be tried. These are
public considerations; the others are private enes;
and on both we respectfully but earnestly object 10
the trial OF this case going on again.
Mr.. Peckham-YOur Honor, the counsel present
three separate reasons for not going on with the
trial. First, on account OF the great mental and
physical strain imposed on counsel for the defence
The defendant In this has had the fortune to be
defended by some seven or eight different counsel;
the prosecution has been conducted, as far as the
the advice and aid Of the District At
torney in person. ! think, also, the Court
Counsel ELI Tor the prosecution has come rom the
labor OF several weeks in the case preceding this,
and there are at least an equal strain and abei on
this side. Notwithstanding that, we are ready to
enter now on another trial. and we do not feel that
the strain upon us has been 80 great but that we
are able to enter upon the duties OF another. 1t
strikes that among the multitude of counsel for
the defendant. II those who took particularly
the strain might be avoided. AS for the civil suit,
will say am also engaged In 1t, and the prepare
tons and labor oft are on me equally with this now
the civil suit OF the aid OF the associate counsel Mr..
| O'Cenor. But Mr.. O'CoDor has been engaged in
quring unequalled enort. OF course, Il when
are on this case it win be . saticient
additional reason Is presented that there are nu-
merOus cases for high crimes now waiting to be
he sSe
not charged with the care Of public justice, and II
the District Attorney, in the discharge OF his duty,
sees ut to move Tor trial this case OF msdemeanor,
to be sure, by which $4,000 600 taken from the
public treasury he alone Ii to be the Judge OF what
IL right.
Pubic justice demands that when case Is en-
tered on 1t should be brought to conclusion which
shall say that man Is guilty or not guilty, ana,
therefore, / ask that the case proceed.
Judge Davis-I feel some embarrassment on this
motion, which does not arise out OF the exhaustion
OF counsel nor the exhaustion Of the Court, which
has not been taken into consideration.
Mr. Bartlett--YOur Honor is ''Of age" a. you
have frequently told us. (Laughter.)
Judge Davis-I will mold this under advisement,
and WIN now adjourn the Court till tomorrow.
HOW THE JURY STOOD.
Opinion dinered very much upon this point, and
1t would be hard to tell how the jury STOOD The
Court officials say 1t was six Of one, half 00zen Of
the other" Then feeling ran high, and declared
that there were eight for acquttal and four only
conviction. Tweed speculative stock went higher
even than that, and put the figures higner-Tweed
eleven and Peckham one. However 1t was the
lated Disappointment whether he felt it
or not, at the result. He thought hard
OF the Judges charge ana harder OF his trusted
champions eulogium Of the Bench-as If that
Bench hadn't nut TO crack with the same
counsel.