The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-05
NEW YORK HERALD WEDNESDAY FEBRUARY s-R1p1E SHEET
ublic interest II Was intimatei, connScted with

public interest Il was intimately connected with
the administration OF justice IN this CITY. HIS
HONOR as he well knew, was anxious that al the
proceedings In his COurt-the arraignments, Trials
and c0nvictons-sh0uld be perfectly legal and that
the verdicts here rendered should be placed De.
yond the possibility OF being set aside on technical
grounds. The ends OF justice demanded that the
convictions here found and the sentences here pro-
nounced should STAND with the immobllity OF
srahite. otherwise the holding OF the court would
pe farce and the justice dispensed q mockery-
Of Justice he considered it s his duty at this
~ ssa asr , OF the Courts session-.and he dld
Of I my From sense Of duty.to call the attention
tne holding OF the Court In its present place plainly
Illegal: ne then proceeded to read the following
ton III
the :y o s New e 70.
Sence for the holding Of the Courts General and
cry e be held n and said city and County But
ii RI
OF e public nS ss in the said city the
The special provision embodied in this statute
had not, he urged, been complied with. His
Honor well recollected when the Court Of General
Sessions was held in the TOmbs. The Court was
transferred by the Common Council to the brown
stone building otherwise known as the New City
Hall. The removal was made in compliance with
the statute he had just read. Since then the
Marine Court and the Tax Commissioners had
usurped portions OF the building till now there was
no room for holding there second branch or the
Court as In the present crisis or criminal
affairs In this city was pre-eminently demanded.
clearing our city prisons Of their overcrowded in
mates and giving to all, which was their just due,
speedy trials; keenly alive to the excited state OF
the public mind In regard to the growing ire
quency OF crime in the community and the justif-
able complaints at the more than prOverbial de-
obstacle In the way or prompt trials still felt 1t
his bounden duty to call the attention Of the Court
Ne xsy 10 as ne nad must
given in England to this question OF changing the
place OF holding court. He cited case where
Common Pleas. held in Westminster Hail. in the
time of Charles H., on account Of some draughts Of
air to which they were exposed, asked that the
place OF holding the Court be changed. Only bar
rlsters OF the greatest physical cahbre and en-
DURANGO could stand the death-dealing draughts.
cause the law had specified that particular locality
for holding the Court.
Judge satherland-From what book do you read
that case9
Mr.. Howe-From Jeferson's .'Book on Lawyers"
Judge sutherland said he remembered a similar
case in Westchester county. He then asked wnen
the General Sessions was removed from the Tombs
to the brown stone building
Mr.; Howe stated that the removal was in 1852.
Judge Observation-Disclosures, then, to the pas
sage OF the statute you have read
MT, Howe-Certainly; why the Court might as
House, or Harlem lane as here.
Judge Sutherland-I do not think it best to run
any any risks. What do you think about it, Mr.. Rol-
Mr.. Rollins Assistant District Attorney said it
was new point TO MIN, Dut there was q statute in
1881 which allowed the Court OF General Sessions to
be held anywhere within the precincts OF the City
Hall Park.
After some further remarks Judge Sutherland
said that he would examine into the case, but
meantime the Court would go on with its trials.
Trials Continued.
John Smith, charged with burglary from the
liquor store Of Mr.. Mcdonald, in varck street, was
found guilty and sentenced to two years and six
months in the State Prison.
The last case was that Of George Livingstone,
charged with felonious assault and battery. On
the % of Jannary--"Ladies' Day"-as the wit
nesses called it,. the. prisoner, in .
drunken row, stabbed Peter and Patrick
Mcdonald. He claimed that they entered his
room with some four other men and injured his
mother and cut and otherwise maltreated him
self. The testimony on the other side was that
the men and the injury to the mother were pure
fiction, and the officer who arrested him on the
night OF the difficulty said that he was apparently
but little injured, not having received single cut
and only one confusion over the eye About the
stabbing OF the McD0nalds, on the other hand
there was no doubt. The jury, however, after q
elaboration Of half an hour, brought in verdict
Of simple assault and Livingstone was sentenced
to six months in the Penitentiary.
The Court then adjourned.