The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-30

reporter of the HERALD called upon Recorder
Hackett yesterday at his chambers in Broadway.
The speech the Recorder delivered on the previous
day at the Board Of Supervisors had been COM
mented upon very freely by members of the legal
profession particularly and by the public gene
rally, and 1t was with view Of obtaining q moro
explicit statement than that which was incident
ally made on the previous day that this visit was
sought. After few observations on general
topics the reporter said:-
Recorder, have called upon you more partic-
ulary in reference to aremark in your speech at the
Board Of Supervisors yesterday as to the untried
murderers now imprisoned in the Tombs"
eyes, shall be glad to give you any information
can. think II the HERALD will follow this mat
ter up this scandal OF our criminal law be re-
moved. The attention OF the Legislature must be
directed to 1t, and the section IN the General Ses
sion act that is the great cause of this trouble
could be repealed In one day. merely alluded to
it yesterday; but will give you the authority, and
those who care for this matter can refer to 1t. II
is this writ of error from the General Sessions
or the General Term Of the Superior Court, from
conviction of murder cases, or for one punishable
by Imprisonment for life Is matter of right Ses-
sion laws, 1855, CHI. $751; sec. s; Laws OF 1858, ch.
$50; Walter vs.. The People, 80 New York, l47; 81
How, 140."
thus practically give the General Sessions Court
the same appeal as the Court OF Oyer and Termi-
''No, would go further than that. Any appeal
from the General Sessions Court, under this sec
ton, would send to the Court OF Appeals. Any
Judge OF the Court OF Appeals should have power
to grant stay and the argument should be before
that Court. 1t is practically now, in the Fos-
orally very familiar with criminal law. applied
to for stay and in q case where 1t is matter OF
the Slightest reason to believe that there has been
an error, any Judge with humanity would grant
ns stay w0nd to the Court ar tss
Supreme Court. 1t may be said that this Is sup
posing very high class Of judges on the General SEES.
sions bench but say that that superstition without
natural, and ought to be sustained. Associated
with myself are Judge Brady and Judge Sutherland,
u.s."
Recorder, it scarcely likely that the Court Of
Oyer and Terminer can dispose of the large arrear
OF criminal business awaiting its attention"
"Certainly not. 1t was the practice in the days
of Barnard and CardozO to take great criminal
cases up such as Fosters, and 1t had the effect
OF turning public attention away from the ordinary
civil business OF the Court in which these Judges
were more particularly interested. The trouble Ia
that these great cases, like that which being
tried now-Tweed's, for example-are made to last
four or five weeks 1t Is a great consumption OF
public time, and Is partially owing TO the judges
criminal.'
'You think, then Recorder, II this section Of the
law Tcpedieu bldI present III tuc tiint
OF murderers could be disposed OF very promptly T
II don't say it boastingly but have no nesita-
ton in saying IT, that give me effective assistance
from the District Attorneys Office and an ordinary
intelligent jury although in New YORK there Is
great Difficulty in getting jury to agree where
death sentence Is involved and would try all the
murderers now In the Tombs In thirty days"
"That, Recorder, Is contamination devoutly TO
be wished and one which should think the Legisla-
ture will only glad to AID in bringing about"
"One step has already been taken. On Monday
we shall have two Courts sitting, and II the Legts-
lature will repeal this section can go and try
the murderers 1t Is q matter OF simple justice to
the men who are charged with this crime that they
should be put speedily on their trial, and by the
proposal that Is made for the alteration in the law
That which occurred in the Purcell case cannot be
repeated"
Expressing a hope that the Legislature would
see the necessity OF prompt action In this matter,
the reporter thanked the Recorder for his courtesy
and WIT