New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-12-18

THAT may be sought to be made In the progress OF this
case Isimpy desire some little time TO make NJ my
MIND what course 70 take IN reference to che traverse
prefer that my learned friend should not represent
both sides, aud whle am inclined to comply with the
sagsesens as ar as can DO not think under the
hours to decide whether shall dcmur join issue on
ExJudge Comstock-Of course II the public prosecu.
tor asks for time decide what course to pursue
III reference to the traverse cannot oppose ourselves
can make no opposition # such is his wish. We had
hoped the would he disposed of IN summary
her to-day, because all the evidence be la In the
space OF nve minutes undoubtedly. But II. on the mo-
non o, the 1t is to go over for day
want 10 say 10 hn That preference would Do
that It would stand over to the first OF next week.
MT Pheps-That is agreeable 10 me.
Ex Judge Comstock-I have been waiting on this case
somew What to my personal Inconvenience all the week,
aud am obliged to be home tomorrow aud the next
Judge Barrett-I had not intended to sit after this
week. out In view OF Judge COmstOck's desire to go
Monday.
Mr. Pheps-will Monday suit you better, or Tuesday
Ex7Jndge Comstock-It is a question Of travelling
Mr. Field-Tf there ia understanding that immedi-
a,ey upon the disposition mere certiorar shall be re-
turnabe on the 231 have objection. Let be the
un,dierstanding that Il go over to Tuesday.
MT Pnep-l shall not oppose the slightest obstacle.
MT Fleld-I strikes us that this Is matter that can
not be entertained by the Oyer and Termlner Shall
SPEAK 10 that now or any other time
Mr.. Feld-This matter cannot be entertained by the
Court Of over ann Termincr You sit merely as Judge
OF the oyer and Termine or IL is immateal to
you how II Is disposed OF. There is statute which
gives the Oyer and Termner Jurisdiction of o writ Of
haoeas corpus except the OF 1sl7 By the original
statute as you know TO issue the writ s TO
the Supreme Court tue Chancellor the Justices Of the
supreme Court or any judge authorized TO perform the
duties OF Judge OF the Supreme Court TIE Oyer and
lefmnef was not authorized TO issue the writ at ALL
Now tlen comes the statute OF 8i which declared that
III the Court OF oyer and Termner mad commenced pro-
ceedings, aud 1t Is sitting writ should be issued TO
take prisoner charged with oense out Of the COM
mon jan exceptit be returnabe to the Oyer and Iermi-
ner or issued 10y 1t. That to hardly sufficient
to give the Oyer and Terminer jurisdiction originally
That the intent Of the act that ordinarily prisoner
should not be taken TO any other part OF the county
state while the Oyer and Termner was sitting
charged 10 investigate their cases. and that the law
really meant no more than that judge holding oyer
TO H. or course 1t is immateria to you which 1t
should be. We submit after lttie examination OF the
that the proper course Is to nave this before you as
Judge Of the Supreme Court and Judge OF the oyer
aud Termner, and not as a court.
Judge Barrett-IOu snail have 1t In both capacities 10
make Il certain.
Mr. Feld-Very well; then 1t stands over to Tuesday.
at II O'Clock. In the mean time by judgment OF law,
the reatOr taken out of the custody Of tue Warden OF
the Pententary, aud he is in tho Gus oily or the Court
YOu wish him 10 he retained BY the warden III the
same condition heretofore, bat an order should be
made that eff il longer In the Peni
Tertiary in the custody OF the Warden.
Judge Barrett-The usual order is simply to adjourn
the proceedings ana remand The prisoner .
Mr.. Feld-He cannot be remanded. In the mean time
he remains III the custody or the warden
Mr. Pncps-Tne ordinary form Is TO adjourn 10 sucn
day aud TO remand the prisoner to the custody OF tue
Warden whence he came.
MIR. Fied-Tdat is not the proper form.
Mi. PnepS-T0at rs invariably the form used.
Mr. Feld-l would suggest the form 10 he to adjourn
TO Tuesday, and uwe remand the prisoner " the
custody Of the Warden OF the Penitentlary
Mr.. Tweed was at once taken away his counsel fol-
lowing him, and the crowd dispersed.