The New York herald., 1873-11-16
THE NEW POLICE JUSTICES.

Constitutionality of the Court OF Special
Sessions Discussed Yesterday-The New
Justices Among the DOubters-Are Its
Convictions Invalid
This Court opened yesterday morning. The JUS
tices on the bench were Justices Bixby, Warwell
and Otterbourg. Several cases OF petit larceny
and assault and battery were tried and disposed or
when the name OF Bernard Winsler was called,
charged with stealing knife, valued at S., from
George Lorey. The prisoner was placed at the bar
and called on to plead. Counsellor William +. Howe
rose and said :.This deiendent desires, or rather
do-with the utmost respect to the Court and with
out expressing any opinion as to the benefits
which the public may may not derive from
the change which the Legislature has -
'A' o-"Dee 4. -.aue In aps
ioIntFng Your IIonors gentlemen OF education.
culture and experience, to enter protest against
TINS Court proceeding With the trial OF this de-
teaaant on, the ground that 1t is not Court OF
Special Sessions according to the constitution of
this State or according to any statute giving it
legal effect vitality. / claim that 1t is not a
court oil competent jurisdiction now. Under those
circumstances avOWing as do, that this tribunal,
NOW CALLED COURT OF SPECIAL SESSIONS.
not being tribunal known to the law, this de-
fendant declines to plead"
After listening to the harangue OF counsel Judge
Blxby quietly said to the Clerk, MIR. Johnson,
sEnter llea OF not guilty.
Mr.. Howe, rising suddenly and in q loud voice
said, "The prisoner does not plead. aud we except
to the Court ordering that plea TO be interposed"
the prisoner, Winsler, and found HIM guilty, and
Sentenced him TO five days in the City Prison.
Later during the session OF the Court the case OF
Chal tes Cropper, charged with stealing an over
coat h.om John G. Rushton, the druggist in Bar
clay street, was called Mr.. Howe again rose AS
counsel oT the accused.
Mr. HowG-As matter OF form, which the Court
will understand, desire the stenographer TO note
the protest wnich made in the former case. that
THIS Court has 10 jurisdiction. The prisoner then
declined TO plead
Judge Bixby-Then You do not elect to be tried
before this Court under the statute
Mr.. Howe-We elect to be tried by Court OF
Special Sessions.
for trial
Judge Otterbourg Gnterposing) will trans
fer the case to the General Sessions.
Mr.. Howe-You have no power TO send IL TO the
General Sessions, because the prisoner has now
elected to be tried by Court OF Special sessions.
Ii we 60 to the General Sessions the statute eX-
pressly says we must elect to be tried there.
Judge Bixby-You raise the point that this is not
a legally appointed Court.
MIR. Howe-If Your nonors order this case to the
General Sessions you will be obliged TO do the same
in all cases. | object to the transfer, as you have
no right TO either try or transfer
Judge Bixby-We will give you the benefit of 1t
on the record,
Mr.. Howe-Here is tribunal in the discharge Of
its duty, lately appointed by act OF the Legisla
ture, and you have to try these cases before you
and not because coansel takes an objection in the
thar is distinction which Will operate learfuly
perncions extent TO the hinderance OF justice II Is
prlving the individual OF his rights and Keeping
him in PRISON without sufficient warrant in law.
Judge Otterbourg-Fhe counsel objects to the
trial OF the man this Court.
Mr.. Howe tsmiling)-l object to the jurisdiction
OF the Court. II ~ Is given out 10 the public that
have grave doubts yourselves as TO the constitu-
tionality of your own appointments
The Court refused TO try the case. and ordered il
to the General sessions, and Counsellor Howe re-
sumed his seat