The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-04

EXTRAORDINARY OYER AND TERM1NBR,

The Indicted Charity Commissioners
4 Questioning the Legality of the Court.
Before Judges Daniels, Voorhees, and Johnson.
The Extraordinary Court of Oyer and Termner
appointed by Governor Dix, met yesterday morn
ing In the chamber OF the City Court. Judge
Daniels and Associate Justices voorhees, and John
son were on the bench. The District Attorney
called the case OF Charity Commissioners Cornelius
Ferguson. stephen II. Powell John Cunningham
and Henry Wills, who are indicted Tor alleged
malieasance in office. The principal counsel Tor
the defence, Mr. b. F. Tracy, being engaged IN the
McCue.Bafnes libel suit. ON trial in the Supreme
Court, SAID that he hoped other case would be
taken up District Attorney Winsow replied that he
to move the case OF the Commissioners ior trial
that day. MIR. Tracy explained that the McCue
case naa oeen set 90 Tn peremptorly ior the pres.
ent time long before he had received the notice
In the commissioners case. Then, again, the de-
iendants had never pleaded. and had not been in
formed what the Indictment against them was.
Mr.. Tracy said, iurther that there were certain
preliminary questions he desired to raise. both as
ceeded WITH lie desired TO submit the question
as to whether this Court was legally constituted
as an extraordinary Court OF oyer and Termlner,
there being another Oyer and Terminer regularly
appointed, IN session at the time. He also pro-
posed to challenge the array OF Jurors.
District Attorney Wlnsow said he had no other
case ready Tor That day, and lie did not tnlnk that
the engagement OF Mr.. Tracy IN civil SUIT was
any excuse Tor postponing the present case.
Judge Daniels did not think II would be imposing
any hardship upon the defendants or their COUNSEL
TO require them IN the afternoon during the recess
in the McCue case) to present the questions they
desired to submit. and aiterward, If necessary to
go on with the case. la s & .,a,r .
Mr.. Tracy subsequently appeared and raised the
point that the Governor had no power to convene
an Extraordinary Court oil Oyer and Termlner at
the same time that there was another req uariy
appointed Oyer and Terminer in the county; In
other words, there could not be two Courts OF over
and Termner, sitting III the same county at the
same time, having the same Jurisdiction and
authorized to try and determine the same
case. Mr.. Tracy also raised the point that the no.
tice to the District Attorney Of the converting OF
the Extraordinary Over ana Terminer must be
madeNtwenty days prior to the converting of the
Court. In this case the notice mad been given
about the 25th OF May. As to the panel OF Jurors
counsel objected to 1t on the ground that the panel
had been summoned seven days prior TO the term
whereas IT ought to have been summoned fourteen
days before.
The Court overruled the objections and excep-
lions were taken.
Mr.. Tracy then pleaded not guilty for the defend
ants and the jury was lmpanelled as follows
Ralph Mattrass, Edward Reed, George +. Brotz.
man y. II. Walton, Chester Carpenter. George
Remington. NJ. H. Strong, John c. Williams, Robert
Ray, Abraham Degron Henry D. Eames and Fred.
The Court then, at haltpast three P. NJ, adj.
journed until ten O'Clock this morning. Jadge
Daniels cautioned the jury, before they separated
not to discuss or read about the case. = 81 ~