The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-25
CluHI Of SPECIAL SESSIONS.
II the Court of Special Sessions q Con-
stitutiOnal Tribunals

Before Justices kilbretn, Murray and Flammer.
The important case IN this Court yesterday, and
the hearing Of which occupied several hours, was
the complaint brought against Mr.. Richard John
son and Miss Kate Coffee, charging them with
keeping dsorderly house. There was large
crowd in attendance as it was known not
only that the consututionality OF the act under
which the present police magistrates holding
the Court OF Special Sessions were appointed would
be brought in question, and that Mayor Have
meyer and Colonel Pnckney, Clerk Of the Board
OF Aldermen and Supervisors. together with the
private secretary OF the Mayor, had been SUBJ
ponaed to give their testimony in the case. The
defendants were represented oy Mr.. William F.
Howe, who on the case being called, interposed a
pea coptesting the right of the Court a at pres
ent constituted, 20 take cognZance OF the matter.
Some discussion ensued as to the non, appearance
covered by authority from this defendant TO repre-
sent him.
Mr.. Howe proceeded to read the plea in question,
which forth that the act under winch the police
magistrates now holding the Court OF special SEES
SONS OF TINS county was UNCONSTITUTIONAL ana
therefore, that they had no jurisdiction IN the
present case.
ut seems TO me,r said Justice Kibreth to Mr.
Howe, "tEat you are trinlng with the Court Inere
have been already several adjournnents OF this
case, and now you bring forward question as to
the jurisdiction OF the Court in this matter"
al have not Deen trihing with the Court" re-
sponded Mr.. Howe, 'but simply interpose what
consider JUST and equitable defence; ! 40 not
legally constituted one, and, therefore, must
soemnly protest against It's passing judgment on
plea be accepted as bar 10 further proceedings II
the matter.
''fne plea is overruled" observed Justice Kill
bretn, and the Justice proceeded 10 recount the
frequent adjournments of the case and the final
understanding that 1t would go on then.
IL am ready for trial once" remarked Mr..
Howe; and he on his side proceeded TO show, as
claimed, that there had been no trining with the
Court and no bad faith, as the Court insisted there
had Deen but simply the lpterpOstlon OF a plea
which, as counsel he considered himself fully JUS
tined In making On behalf OF his client.
Mr.. Howe quoted extensively from the statutes,
justfying his action In tie premises and also
showing. question that was raised in the mean.
not appear, could not be held as FORGETTING their
baiI; and then announced mis- readiness TO proceed
with the trial. Before the trial was entered upon,
however, full ana ample apology was made by
the Court as to Mr.. Howes alleged bad latin In the
previous delays Of the case, which the latter, OF
All this preliminary matter having been settled,
the examination OF witnesses for the prosecution
Ida Bodnan testified that she had recently oc-
cDpied room in the premises mentioned; that
several other young women occupied rooms at the
same place that they had barroom in the place
and frequent dances and fights; that. altogether,
the place was Of disreputaDe character. On cross
examination she confessed that the present COM
paint was made through pigue wncn she Dad
against the landady and she was unable TO TESTIFY
o pubc nuisance.
Several other witnesses, including police ON
ceIs, were examined but they failed TO show that
the PiaCe was conducted ID o manner TO bring III
within the provisions Of the law against disordery
houses.
AT the conclusion OF the testimony for the prose-
cutlOn Mr. Howe moved TO dsmiss the COMPLAINT
on the ground first, that there was not sufficient
evidence to substantiate the charge; second on
account OF failure in the complaint 10 specify the
ward In which the house was located; third that
- should have been specified that the aouse was a
fdjsorder house, and not that it kept IA dis
krnerly house and fourth, that there was no testi
nDOny TO show that the place was a public nus-
xDce, Is required by the statute.
Upon these propositions submitted to the con-
eisteraion Of the Court, the latter consulted TO-
gether. and, alter q few moments coDs deration,
dismissed The complaint.