The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-20
A NOVEL QUESTION.

When the Legislature OF 1871 passed law revis.
ing the charter OF Long Island City, queens county,
a section was incorporated creating City Court
with the powers similar to the City Court OF Brook
Ign, empowering the citizens OF Long Island City
To elect judges to preside over this tribunal, and
giving these justices the power OF appoint ment OF
clerks, 'ofiicers. &C.. and also bestowing on the
Court right TO the trial OF criminal causes. Some
short time past New York burglar, giving the
name OF Charles HARRIS was tried In TINS court on
Q charge OF burglary in dwelling house, and on
conviction, was sentenced to the State Prison for
seven years.
Recently Harris' friends secured the services OF
Mr.. William r. Howe to endeavor to obtain the
release OF the convict, and Mr.. Howe at once
raised series OF points questioning the Iurisdic.
ton OF the Court TO try or sentence his client.
These points were yesterday presented to the
Court OF Appeals and fully argued District Attor-
ncy Downing representing the other side. Prls-
oner's counsel cOntended-
First That the Court called the City Court Of
Long Island City, before which the prisoner was
tried, was an illegally constituted court; that 1t
was court created by an unconstitutional law.
was local o, declaring by It's title that its object
"revision OF the charter OF Long Island city :"
PRESSED ' IN It's t'is The fa@ers no. OF
intended under pretext simply to
revise CHARTER ana ra;se innas for the SUPPORT
ers equal to those OF the supreme Court, In utter
violation OF section i6 article g. OF the State Con.
stitutOn OF l846, which declares "that no private
or local bill which may pc passed by the Legsla-
ture snail embrace more than one subject, and
that shall be expressed In its title" 1t viii DO
that title 8, chapter 46l. Laws OF 1871. pro.
vides for the election of Judge, OF clerk makes
peals to General Term OF Supreme Court; for the
drawing OF grand and petlt Jurors az different
having for its avowed object solely the revision Of
charter OF city. The powers OF the Court are
to tmprs0n IN the State PrisOn-even Tor life
OBJECT OF revision of city charter than the ere.
alton OF a court OF law with powers equal TO those
Second-lhe Indictment Is clearly insufficient to
sustain convection for burglary in the second
gree aud no higher offence and Is defective for
the following reasons: list. The means by which
Tnis must he done. (Peope VS.. Felllnger, "a
Howard, BID. tbs also necessary to describe an
statute, On this point Judge DEMO says ell any
OF the ingredients contained In the statute deh'
nitOn are omitted. the Indictment Is fatally de.
fective, and the defect Is not cured by verdict"
In the Feilinger case, 1t is expressly held that IAN
indictment for burglary In the first degree. which
does not charge the entry to have been In one Of
the modes set orth in Sne statutory definition OF
that degree Of crime Is fatally detective" In this
modes OF entry set forth IN the statute, to
constitute burglary in the first degree, the pun:
.n was Of S we 1 IN e ne
prisoner The indictment really only charges ihe
offence of burglary in The third degree, and the
jury could not legally convict Of any higher offence
under II. The axiom IL tnat "tne greater IN
cudes the less" and that If any Is indicted for
the first degree OF crime he m Nv be convicted OF
a lesser. But there is no law for indctlng Tor
lesser degree and Oeing convicted OF higher
Counsel claimed IN conclusion, that the con.
viction and judgments OF the courts below should
be reversed aud set aside and the prisoner dis.
charged.
Tie result OF all this win be that II the points
raised, insisting that he Court has no standing In
consequence OF the provision OF the act not being
embraced in its title, there Will be general Jail
ana State Prison doiivery as all the prisoners
convicted by and sentenced from the Long Island
Court are enormously and improperly imprisoned.
The residents OF Queens county are watching with
anxious expectancy the decision Of the Court Of
AppeaS.