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

there is tbs less for fesi>s regret snat there
should not be concurrence bcswesn atssr /, whie6
they have common concern though nn chs, IN
On this point because their conversations last month
place the presence OF all your Honore ana VIZ
sssSs %o SSas ss term q
matter therefore, leave for suoh dlsposon az yon
w6ilo YOU were together In common may como 20 and
to the Presiding Judge who holds this terin W
terdav The rest may be disposed OF also very briefly
What has hitherto occurred In this Coare III oo
douole for the trial OF issues OF fact a the sa
appointed term of tho Court has been this that there
was court before which the Jury attended, Wnsao
in separate cases took place. and whore then Dy author
fly OF the Court Ia respect to thu particular case ia
ton TO party to insist upon rights the convenience
Of she Court consulted in double trial Whenever
OF s SH .rdinn Tue 20 tbs usual custom of this
Court will arise then the question of law VIII DO
deterrninable whether when a court has impaneioua
Jury IN case ana s9Sed nseaSns Of shs 10
that case Judge can then be introduced 70 CONTINUE
about the Statute Nv learned friend Mr. re-
ferred TO tho statute giving aumonty 70 tue
Court OF tns s'ase ,cb SeeePI bower manner
which perhaps indicated that 10 was genSSrai nu
COURT. and that therefore there might be i'm,
ported into the act OF 1870 nnoci d W1n anne
Confirmation OF that authority accorded by special
before the ato OF 1870 Of the supreme
Court, but not authority accorded 10 Tug
supreme court as Supreme Court. but only accorded
to the supreme Court IN the First Dstrcs IOr tue
else OF functions aud powers under exceplona or
onInstsnces for the large community where Ts courts
are held Now, pleasure 70 us TO insist upon
VINO are to try this case discaim 1T myself and
for my associates. do not fmpute it to our oppohen,
for do not think I but 1t seems 10 me IL IA quite %
awkward to suppose there Is either desire on the
of judge TO decline 20 hear tins case or a9so
on the part any judge to hear IT, We eaoh sCnu IL
our lot today-judges, jury men. and counsel-to con
duct the administration OF Justice OF the state OF New
York this as is conducted IN s cases au ~
Mr. Beach-May I suggest single word IN answer to
the idea that Is now for the hrst time dennlteg eh
pressed by counsel aud that Is that your honor
proceed to tho impaneng OF jury anu tna' snn sp
question law would arise as to tle discretion or
OF your send the case for trial oGI2re
Nelson, any other Judge OF the court wei oil,
think counsel and Court will agree tnat ihe t -,
of a Jury is the CONNIE Of trial, ana part OF
trial. and in this case Is one OF the most sa "a his
not the important. proceeding 10 DC nad 10 .,r
trial The question OF law then Sr VIII renas Of
the decision IN the .ist OF at has been
submitted by Mr. shearman upon sno peas
81 95o s f o, case in hat
to the nd and 40 that way. VIII NOT say or W
that that aa "a nGpsdd TheS
regard to the mode ia which this trial should be had
thar n has been distinctly agreed between counsel that
thus should be tried before Judge NELSON
Mr. Beaoh-NO, Sir; 1 do not claim that there mas
heen any explicit and express agreement but do
lam that it announced tnat suoh course WOMB
lac al
Nv the action on the part another Judge OF this
Court in relation 70 the manner OF bringing on S9ls
trial and impaneng the Jury That that course "od NC
taken A., -. o, -,.h. ,r
but t ia not for that purpose that RISE OMITTED 10
say thing wished 10 In regard 10 tue ACT III
respect to the special panel. It's return IN particular
room and consideration or the excuses OF be jury
men ny A particular JUSTICE that had nothing 10 40 ~
this case Those Jurymen are attendant upon tns yer
The convenience OF the Court was consulted III regard
to hearing excuses and not In reference 10 hs case
but in reference TO their excuse from Jury uu1y snu
they are In any part or the proceedings III u
oase: but here primarily arises a question winch was
pronounced your Honor yesterday mere Is opcClas
paneI It ~ not special pane! in the Triton ana
Beecuer ease special panel OF lhcrbdscu uuhoot
20 attend upon this Court. and tney are ooiolo
the same court that the general pane 49, auu ~ oua
Judgment they must be all panel Tney are All QUO
panel for purpose OF drawing lOJs Tor luis cHoo W
any otbcr case, in view. We may be wrong, DuI
that Is our proposition of law made 10 your hohor os
terday don't understand that your honor senus tlls
term away from yOuself into another room DeIOre O1e
OF your associates before the learned ChleJustce DuG
for the convenience of tria and then the dspQS.toh
must arise you have disposed OF this question: OF
line consolidation OF the panels aud tho mpanelDs OF
JiJee McCue-I desire to consult with my associates
in relation 10 the poinG that mas oeeh rdSG as ~
power of Court to hold second term we wilftake
recess therefore for half aa We will take re-
cess for a longer time If the counsel desire II.
Mr.. Tracy-I would suggest to your Honor tnat we
take IA recess until ii O'Clock. -,
Judge McCue-VeIy we'll, we will take recess until
that time.
Immediately 90 this announcement the courtroom
was cleared the larger part Of the audience retiring to
Part H. tho counsel OF both parties TO lunch and the
Judges to their private adjoining Chambers. 1t
was not Until nearly O'Clock that they again entered
Part L. and Judge McCue announced that he bad after
consultation with his associates. decided in favor OF the
plaintiff