The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-10-12

died Meantime The succeeding regular term Of the
Court Of Sessions had been opened Recorder Hackett
presiding The trial at the time OF the jurors death
had developed very serious aspect for Mr.. Hall,
question then TO the power Mr. Justice DAILY
70 mpanel jury and proceed with the trial This
question partly argued and an adjournment taken
10 future day, when II 10 be decided whether
with without further discussion | do not re-
member. Pending that adjournment the point was
made il some in Recorder Hackets branch OF the
court that his branch Illegal owing the sitting
OF Judge Days branch. The Recorder not only
Der, Went further and stated that Judge DAILY s
was Illegal On the meeting OF Judge DAILY s
branch on the adjourned day, Judge DAILY declined TO
consider the question on rs merits and saw that after
the decision OF Recorder Haekct his only course was
10 follow il and he did so dischargng the jury ana
ending the trial
What Judge Day's decision on the merits would have
been ! do not know. Whether Recorder Hackett, IN
making the decision he did and 10 the extent he DID,
moved by any desire TO influence the action Of
Judge Daily have information other than that OF
the public What did influence his action was al lhe
time very clear
AS to the sweeny indictment the facts are these
sweeny, Smith, Woodward and Tweed we're Jointly
indicted for Il conspiracy by the Grand Jury populary
known the Bedford Grand Jury In the TALL OF 1877
a motion made by the counsel for Hugh smith 10
quash that Indictment The motion was heard oy re
corder Hackett Ii made on the ground that the
Bedford Grand Jury had no jurisdiction to una DIS
and also other grounds not material 70 specify
On the hearing Of the motion II was agreed oy counsc
that only the question Of the jurisdiction OF the GIand
jury should be discussed, and that other questions
shond be reserved until after the decision OF thatthe
reason being that that question affected many oIher
bills that had been found by that 1ranu jury lhae
agreement carried out, and no other question was
argued Recorder Hackett granted the motion, anu
onashed the indictment the ground Of want
Of jurisdiction Of the Grand Jury, ana also on the
| further ground Of want Of proper allegations IN
the bin as to the defendant Smith. He gave as
his reason for the hrst ground the decision OF
the General Term or the supreme Court IN the Green
thai case that the November term, 1871, 81 the Court
of General Sessions illegally extended into the sub
sequent months and that he bound by that de-
csion ON the argument Of the motion that case had
rrfnr 10 Va
Supreme Court General term and had stated % the
Recorder that IL was impossible TO argue as TO what was
decided IN where no opinion had been written,
and requested the Recorder 10 consult with the ~
preme Court judges and ascertain what they had really
decided.
| have subsequently ascertaiued that the Greenthal
was decided by consent being governed by the
Burns case and that in neither had the Supreme
Court decided that the Bedford Grand Jury was Illegal
The same question was subsequently, directly raised
before the Oyer and Terminer Judge Daniels think,
presiding and decided adversely to the ruling OF the
Recorder The other ground upon which the Recorder
based his decision bad never been raised hy the de
PENDANTS counsel and had been argued before the
Recorder and all points except that as to the Grand
Jury beng expressly reserved, the Recorder had no
right raise consider any other point he did so,
however, and also did 1t IN very offensive terms.
His action In that respect was the occasion oil letter
to the New York Times by Mr. Henry G, Allen and my
self thought at the time that the Recorder intended
by using such language to make covert attack upon
those actually moving 10 punish public crimes. So TAR
any reference Of personal intent to myself was con-
cerned the Recorder, letter 10 me short time
plimentary terms and | accepted and do accept his
statement The matter however, had this
querce-In the letter published Mr. Allen and my
self insisted that the Indictment not open 10
the criticism Recorder Hacket had seen tit to make
upon Il. and ayowed our intention TO have record
made up and to take writ OF our letter with
that avowa appeared on the morning of the 3lst De
cember 1872 the last day Of the official term OF Mr..
District Attorney Garvin whom Mr. Phelps was 10 sue
coed the next day.
on that 3lst December 1872 Mr. Garvin moved a
noe prosequ Of the whole indictment before Recorder
Hacket and was granted and entered as OF five days
preceding so to appear TO be done prior to the
publication OF our letter This was done without any
notice consultation with me, and in face Of the
fact that under the direction of the Attorney General
i had there ofore had exclusive charge OF all the
So called ring indictments, and that Judge Gar
vim had most cheeriuly given me the con-
no charge of them whatever When thereafter, on Mr.
Phelps accession office about to take writ Of
error found that the bill had been mol pressed and
all the defendants, that is, Sweeney Woodward and
Tweed well as Smith. OF course have personal
knowledge OF the antedating, but investigated the
very fully and thoroughly at the time and have
doubt OF the fact Whether the foregoing facts af-
forded Just ground for criticism you and your Conven
WHEELER H. PEcKHAM
Hon John Kelly, after the conclusion Of the reading
OF the above, presented some voluminous documents
setting forth the by the present Recorder
while a member of the Board of Supervisors and a list
his decisions that had been reversed by the Court of
Appeals since he had been on the bench Also the
presentment made the Grand Jury, which, he claimed,
was suppressed by Mr.. A. Oakley Hall at the time he
was District Attorney.
THF DOCUMENTS
Recorder Hackctt became a member Of the Board Of
Supervisors in July 1870 by virtue Of his Office OF
Recorder HIS attendance during the years ISL 1872
1873 and 1874 was very Irregular never appearing ut
the meetings unless something important about TO
transpire. IL viii be seen by the record that
he voted for number Of the fraudulent armory
Jobs notably the leasing Of premises at Ninth avenue
and Twenty seventh street for twelve az aren't Of
81 200 per Lear the premises Nos. lis 10 l2s West
hrty-second street six years at alleged to be
also voted for what known as the Centre Market
armory job. BY which the taxpayers we're mulcted
out OF $50 600 more, snd which subsequently
investigated by the Board the bills for repairs alone
this armory and for which Recorder Hackett voted,
amounting 10 upward Of SIS 600 At every meeting
which he attended he voted almost invariably in the
affirmative for the payment 81 every bin brought
before the Board Here followed long list of votes
for the payment OF the city mOneys.)
RECORDERS
Mr.. Hackett was appointed Recorder March 8, 1866,
there having been vacancy il the office from January
preceding Although Mr. Hackett was appointed
March g. 1896 he claimed and received from the public
treasury 81 100 for the period between January
and March g. 1866 the day ~ his appointment He
claimed this from the Comptroller under the pretext
that the salary 81 the Recorder was an annual salary
and that therefore he entitled % the salary for the
whole year II bis appointment had been made
December l. 1866 This was simply preposerous. In
the twenty months succeeding January 1896 Mr..
Hackett in addition to his salary &C. a. Recorder re-
ccived in fees for assisting Corporation Counsel O'Gor
S21, 721 30. The statement here contained the
details OF the fees mcntioned.l
In September and October 1865, the Citizens
Association Of New York published certain
communications directed 10 Street Commissioner
Mclean directing his attention certain irregu-
arites in his Office Instead Of directing the
Grand Jury TO investigate these matters the Recorder
maliciously attacked those who seeking expose
the frauds In pursuance Of his design deter ct-
zens from exposing the misconduct Of public officers
he charged the Grand Jury al the beginning Of the
term, october ls6S, among other things, iol.
lows
For some time past and more especially within the past
few weeks various charges Of noHeasance and
against public officers have been published IN the shape
letters purportng t. have emanated from body styling
itself Citizens Association II the charges advorcd
bad been susceptible q legal proof then they
should have long since been presented for the
consideration Of police magistrate Of 4 grand
jury II this county, but they appear 10 have
been made insufficient hearsay partisan az preu
diced testimony and therefore they possibly become
belous One of the officials thus assaed boldly charged
his signature that there practically such body
the titizens Association =; that Interested per.
prepared and Illuminated the charges ~ question their
individual responsibility. Thus the one hand.
the so.caled Citizens Association arraigns la,
dividuals, and the other. one ind.
yiduai arraians tho socalled association III
this connection may Ne permitted add that the *.
Of "A IN nn4ffr