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

that IL was necessary have full aud complete under
was to De tried At this And yesterday boag
MsndayD told the counsel tnat It expensive 70
that the Court was willing adopt that course un-
less they had most positive assurance rom o1unsei
not your Honor certainly You handed 10 Justice Nelson
yssserday the announcement you had previously
counsel az to the effect Of that announcement-yos
handed the @ 81 Han nS psa,e %ssn the sub
ject my engagement was suggested Dy counsel ior
that sagyested to counsel and Justice Nelson that you
would proceed on Monday morning with the oro,n'E
do not know that any specific time menlioned, aud
then Justice Nelson could commence the ealing OF sno
be no OF delay y or Pqo' % am not
disposed aercats with tue counsel as TO what
pred upon the occasion TO which have last reiefreo;
10 Oe onor WITH a great tss there was not
single suggestion that OCCASION Win regard 10 any
ths trial. Il was definitely aud positively un-
dersto0d that 1t should proceed. anu, sn noce
of Gentlemen yesterday the purpose Of avoiding any
such contingency. can but say this Sir that the re-
at least which received from the Interview
entirely dlrsrept from those whioa ne oonceyeu,
Of or recolecton entirely to the determination Of
your Honors. But there is one circumstance
winch is clear to the common recoiection OF
counsel. refer specially to the statement OF Gep:
Tracy aud that was That at the last
pressed Gen. Tracy admits. that no Jury snouu 10
i'm paneied on Monday.
Mr. Beac1-Yos Sir, this case that the extra panel
postponed until this morning. Why 1t then. II your
Honors please, that my two learned lrleds aRps9p
and demanded from this Court an mpanelng OF INC
jdryi WHAT was tho purpose OF that demand IN S.ear
counsel and Court that jury should be impaneedi
1t looks. to my mind very muen IKE aeoco i4 tbi
morning. as II It were conscious and clear departure
from a we-understood stipulation between tne Court
technical question which Is now presented But IL u
taa t rs for this Court send it to another
Judge for trial Is the calling OF tho calendar con-
mencement OF the trial 10 the announcements OF couh
sei upon both sdos that they ready commence
ment OF the trial Aud II We commenced tho trial upon
Yesterday 80 that your Honor has sole and exclusive
jurisdiction in Ihs proceeding. how happoned II mat
his morning your Honor took the calendar ana ca9l
the case, aud asked counsel II they were ready we
have then commenced the trial of this case before
your Honor this morning, as well as YESTERDAY
double commenoemenr an emphatic commeaoene ns
Honor How perfectly tbs aaP Is tho 40
purpose OF asoer aiming wnat causes are reay anu III
rect the mode OF proceeding IN tle disposition Oh lne
calendar is the commencement or triai lie cases
question here. La the Ast Of NewYorK the trial was
eyldeuce given aud one OF the Judges composing the
vacated his seat ana another assumed ~ and tno
then clear OF the trial upon the merits
but never before heard that the simple Gaining OF
were ready 80 determine tho order OF business
was a part OF the trial OF cause. And may mere
aude To the other referred BY the learned coun
sci as decided by my learned associate JulSe FuerVoh
which was question merely as 20 the power OF ine
court, where a particular place was assigned Ior lne
holding the court, O. adjourn to DIFFERENT iocIy
II neld That sIch power existed Iaat does not
affect this question True, 1t shows that tue statu-
tory power conferred upon the courts Tor rai must
he sr,ctly pursued grant that, that docs not
this question: certainly not the question as TO tle
com OF the trial But has reference 10 the
other propgsltion presented-that this Court has
power to hold double session. L have not examined
that question for the purpose or diScusslou nave
gener recollection Of the provisions OF tho statute Of
upon the courts OF the Cay OF NewIorK ln 1917 Tue
Legisla.are passed act a'simatinG the iurisdie-
ton and the powers OF this Court TO those pos
sessed by tho colrts IN the Cay OF Now-fork.
Hence. the Supreme Court, the Superior Court the
Court of Common Pleas and the City Court OF Brook
lyu the statute gives TO each OF them equai Jnis9c
ton and powers submit that the statute assumes Tor
this Court and cOnfes upon this Court all the uslc
ton regard to the sessions OF tho court the Jarlsae
ton and powers of the courts which are possessed by
those courts in the City of New-York But. again, the
section Of that act " mann mat 9e o
courts OF civil courts Tor the trial ol cases
l LTro of this Court shall be ned by single
Judge insist that; by virtue OF that proyi7Ioa
conduct the trial OF where those causes are or
sufficient Importance Ia the opinion OF the Court to
that Sir 4h section think It Is, which directs tho
Court to hold at least 10 terms curing eSG1 ye s
general terms. That is q power, submit 20 your
there shall special term held. or general torn Or
for special purpose and that this trial Court Is Gu.
In rho habit OF holding in accordance with the Vows
which have submitted to you. two terms, dividing
the terms into parts. 10 several thousand IN
stances | assume your Honors have exercised that
power-rlghts dependent upon the validity of that
action Your Honors have approved Judgments entered
in these several parts IL Is settlsd es1 OF sn n
by the community There has been no question OF that
power ami you now upon this occasion to unsette
that principle and 10 disturb the yeTdicts ami judg
nents winch nave been rendered under that habitua
course OF proceeding by this Court Those Judgments
approved by General Term OF this Court WIN your
Honor. sitting alone. override the implied iapprovaI
| AL. uyhtQ has hnAn
and again recorded by General Termi think not.
SIR think your Honor WILL on tue contrary, adhere
the agreement between Court aud counsel this
should take the disposition which your Honor mas gwen
TO pursue this subject any further. will ask, however
because not present Yesterday that gentlemen
recollection OF the proceedings which taken and OF
the circumstances under winch Mr.. Pearsali happened
10 appear Your Honor knows tho counsel knows that
although Mr. Pearsa Is very respectable aud cOnIe-
| tent gentlemau, and one Of The attorneys OF tins
court in this CASE that he has hal active partclpa
ton court III these proceedings He was not mere
for tho purpose Of taxing any steps IN d tne case.
ready for trial. and he was not present az the
when eoSk , pace 10 that uo sU wSch was
taken upon yesterday lsan estoppet upon hs court ia
eaepdar and the answer Of counsel that they were
ready does coDfer upon TINS Court such an exclusive
Jurisdiction Of the trial mat ne Cannot order IL " an aa
Que Circumstance which Is said TO have occurred, and
hSt om the that
snearnan stated 10 your Honor that DO
Pressed courts s g @
get rid OF that aaIess BIO could
had case on rial nearing before this Court and
: That your Honor made that declaration under that
appeal the part OF the oounse for the mere purpose
OF enabling him 70 escape the IN the superior
said he had pending there, and your Honor VIII there
fore consider the circumstance under which you made
| that declaration. / am persuaded that you did not
make with view Of then declaring In your Judgment
the case was hen on trial before oa out for the mere
trnurn n Waa