New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-06

reasons that three Judges we're Introduced here In 1881
that was given p to mot merely
that should SS Su,1 It's wSsn sh, had
done. to hold double sessions. Now your Honor will
that that oour therefore, has longer express power
asn this ,.s court Of ae rns' osssy ,D a
which was commenced term OF the GsnSal Session.
held by ns Ps the sseuco Of ns CITY
Judge, the trial was protraetea one and me peroa
xed for the OF the Mareh oraapsd
the OF his own term. Now no had authority
order Ss o. 1e to
its session until any cause then pending Is disposed OF
and tseTsHIs y91I h ba T S or
the sanction Of general statute authorizing him 70
tnsu ms si sesony not merely the sanction
but the direction OF statute. that wheh LIQUIDS p.ne
OF Jurors had been summoned aOuoe "u'' W
What was tho result of that casei Upon the com.
nlencement OF the term held by his Honor Recorder
before him obi ected 10 his Jurisdiction on tho ground
that there was another term OF the Court OF Sessions
Rseo der HscSet held that that objection in theory
well taken hut that IL ala not apply 10 ms case.
lar aud that it was branch OF the court Continued
10y Judge Daily that was irregular anu void He there
and at the same time necessarily pronounced
that the term held by his Honor Judge DAILY was
aud his attention having been called 10 TINS matter
out Of court. upon the opening OF court ne an
uesced IA the decision Recorder Hackett, and ac
cordingy that term was dissolved tue Jury were US
was clear ease o; msIria Judge Daily in that case
did doubt his power to contiaue tne term IN iact
there could be doubt about tat PROVIDED he ho nos
the term SO as to overlap another term regu
larry appointed 10 be held by anOlhef JUICY Dus no u
express his opinion as matter o, certainty tnat WV
sinoe sessons of the court could be neld at tue
same time Moreover If your Honor please, that ues
tion WAS not left alone he decision OF ecorder Hack
ctr nor 70 ts opinion OF Judge Daily. That
very question Was brought up before the supreme
dicted I'm one term while another term had commenced
It's sessions bringing writ or error upon that gIou
1arn nnaniaousiy held that there was
thorty the existence OF that douOo term anu tha
T We look at the cases in the English courts.
Honor will find that tho Nsl Prius circuits or AssIe
autnorized by a special commission Each one has It's
separate and special authority and there Is no preoe
the nractco of courts anywhere for dividing court
held for OF OF fact ana holding at sue same
OF fact in the absence OF express statutory authority
Now submit these considerations to your Honor ana
deny that you have the power although you
have manifested tue disposluo1.-Te deny that you
have the power TO- send away the trial Of tins
he iurisdiction in the court, we deny that
the court such circumstances would nave power
IN npaneI the Jurors that II would have power 20 in-
force tho ATTENDANCE of reeusant jurors That any
witness testifying IN such court could be Indicted OF
c,uyeled OF perjury, matter what he might say,
and we deny therefore that n would DO right or proper
or with due administration OF Justice to
send Ms AWAY from this court, where we are now on
frisI beg eavs to ask Mr.. Tracy whether his reco
lection OF our interview does not agree with mine
Gem Tracy-l was present II your Honor please, at
that Interview remember IL substantially as stated
by my associate Mr.. Shearnan IL was distinctly az,
that to be called on Monday ana
after that talked Of the suggestion OF Mr. Beachs
difficulty occurred that ne didn't want to DC present on
should DO called and the lmpanenng OF the jury pro
ceel in his absence Taat was objected TO-; ne nc
f aSsu0 Jury. and then it was simply stated
that the inpaneng OF the jury should not begin until
only agreement regard to the cause. as understood
1t. In pursuance OF our understanding we appeared
here Yesterday morning 10 O'Clock. suppOslnS this
cause be called IN its usual order on the calendar
and tnat party TO answer ready or II either
P %nad then and tSsre be made We appeared
here for that purpose TO our surprise the counsel
Office and got word back the not 10 be
called until IL O'Clock, aud then he snond appear out
NOT before IL o'clock To make that dOuby went
TO the office of the counsel myself and saw him aud MS
partner Mr.. Pearsall. and told them that we under
stood the was 10 De called and IL would
DO called at 70 o'clock. Your Honor had an.
nounced that the cause w9nld De caea az
the was To be tried at this term or
to be postponed and II there was to be any motion d0r
spoke fully to him about the question OF post
ing~that wanted the cause answered ready because
we wanted whether they were ready Tor trial or
not and that unless tue cause called to-day but
stood over until tomorrow. there would DO nothing to
prevent their coming IN and p0sponng; ana because
for trial explained 70 him fully the reason why
necessary to call the cause and have the cause on
trial and have deemed because other business
gagnens of counsel might intervene unless this cause
Should be called to-day and be placed upon trial. for
that would be excuse which would relieve counsel
fnm their bushes ENGAGEMENTS After that interview
appea red again before this Court AZ IL ocOckhe Time
when the was to 30 called Mr. Pearsai
one of the attorneys of the plaintiff. appeared. Mr.
Shearman his statement OF how he the
facts OF this OF the arrangement and that state
nent agreed to by Mr. Pearsal he stating In open
court that they understood the aTrangement precisely
member that it was upon that agreement that sug
gested that there being no DISAGREEMENT among counsel
the arrangement had III regard 10 TINS cause IL
only remained for your Honor TO dispose or IL III pr
suance of tho agreement OF counsel NOW we SO DIS,
tinctly stated yesterday. The cause was called and
your Honor announced that IL should be deemed ON ;
aud thereupon stated that the first question which
would arise before the 10 the disposition OF
the panes-he regular panel aud the extra panel
whether the regular panel was 10 pc nrst exhausted
then to resort TO the special panel OF whether tne Two
panels should be consolidated In the boxes before tue
impanehng commenced. Aud, thereup9n, MI Shear
mas moved that the jury be impaneled stating how.
ever that in pursuance OF the understanding OF
counsel he should not ask to have , that at
present. Now that the arrangement as under
stood 1t. 1 have understood myself as being a
party to any agreement or oenR present AT any consul
tatl0n wnere 1t agreed what particular Judge
should try this sm not aware that your Honors
in the habit OF submitting that question TO tho
agreement of counsel. 1t would be most extraordinary
step, think. which should submit such questions 70
the arbitration or agreement OF counsel suppose that
when noticed for trial IN this Court they
called in their usual way upon the calendar and are dis
posed of according practice OF the Court
supposed that this would be disposed OF In that
way assumed that. according 10 the uniform practice
OF this Court the calendar is mere IN Part L. under the
control Of Judge that holds Part The jurybox s
here under the control Of that Judge, aud assumed
that when this was called 1t would be called before
your Honor all other cases are called before your
Honor or the Judge who presdes In this part OF the
Court. 1 supposed that the lmpaneling Of the jury
wouId proceed here and theD pter the jury being n-
paneed, IL it was Suggested that the convenience
OF this court then on trial. OF flor any oths
reason this should DO transferred to Part H. and
that assented 70 by counsel then the would
be transferred to Part H. and be tried. l never sup
posed that thing unusual was TO take place In this
arrangement by which aDy extraordinary or unusual
proceeding 10 be had here AS has been STATED,
are chosen defendants In this case. We come here
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