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


MR.. RvARrs DENIES JUDGE MCUE's POWER TO SEND
THE CASE TO BE TRIED BY JUDGE NELSON.
1t was fully fifteen minutes past eleven
o'clock the hour at which the TO be heard be-
fore the counsel were seated 10 court Judge MeCue.
without delay then called the case, and both
SIDES answered Ready"
Judge McCue-Are the parties ready in the case OF
Mr. shearman-We are ready, your Honor
Judge McCue- VIII announce TO the counsel that tnat
ease Will be called In the other room before Judge Nell
Tue clerk will pass into mat room Iakng Win
charge the general calendar, and that VIII DO called
here.
There was general movement Of the audiencejto-
ward the doors aud the hall into Part H. OF the
City Court which is Immediately opposite Part l. The
room was half cleared. only number Of officers and
reporters and Mr.. Beecher's counsel remaining; Mr..
rltOn and counsel among the first to leave the
room. aud already seated IN Part ii. when Mr..
Beechers counsel made another unexpected movement
Tuey had fingered when the crowd departed evidently
disappointed result of the movement of Monday
But It was soon discovered that they had other re-
sOurces at handno less movement than the denial OF
the authority of Judge McCue TO send the case TO
another part Of the CITY Court Mr.. Evarts' followed
closely by Mr. shearman and Mr.. Tracy. approached
the Bench aud the former opened the argument as
follows:
Mr. Eyarts-The position which We take the sub
ect OF tho trial tins Honor please is this
cnresenur the defendant who is brought in here in
inc Ordinary administration OF tustice) his
should DO tried by the judge who hods me circuit IN
tbat way anything Ike selection Is avoided Now II III
be true that uDder rules of and the organization
OF this court there IS equal authority ana equal Juts
erent Judges OF this court to hold circuits at the same
time then it may be said that the regular adninstra-
ton OF Justice without selection, places the question as
20 whether tins that cause on the calendar sha be
tried before tho other matter or indifference
IL Will not be denied that wnen cause Is proPsry
called it Is then commenced and there De not authOT
ty in the jHdge before whom II is called not at all
dependent upon consent to send 1t elsewhere TO be
further tired, then trial elsewhere IL a mlstnal
A. regards what happened YESTERDAY before your
Honor my absence from the Court permits me TO speak
only reliance upOu what reported 20 me- ana IA re-
wrong what happened was this: That the cause was
called, and both partes answered Ie9ay rue ca1se
was considered in this COurt-I don't say now on De-
fore Honor; but on In this Court Tor trial SO as
that from hat time furnished reason dto eG c0 h
cause and prevented other cause from ntercepng
,Se Conrt I'm lis attention TO this cause Tnereupon two
motions were made 10 your Honor III thls
oause-One that the panels should De consoil,
bs tn'oanrled Aud for the convenience Of coun-
sell and according 70 the understanding That no
actual progress TO be made III the cause until TINS
morning IL o'clock, tins cause stood IN yO Court
until now. 1t stood then. Now, We wiz make very
brief matter OF tins on our part; ~ Is hot question: ~
the least referring 70 connected VITA the selection OF
judges We say that VIC are 70 DC tlee' as tne ueenu
ant In this Court held by your Honor anu inc pdoee
by which causes sent before another udge Is rac
and that your HOnors will search IN Vsn IN tne ssues
organizing your Court for the power o. nO1ihg douDe
gard TO the Supreme Court and ny express statues 70
the CommOn Pleas aud the Superior Court OF the CITY OF
Honor viii dispose of that statement one OF your
steps m the trial OF the cause Judgment Ana ~
dSs and the further progress Of She cause
paeng OF the jury you dispose against US " ne cues
lion we now which s hat the trial Is before your
Honor according " law and cannot DO rightly heaFd
elsewhere. $780, =. .-.. -
thorities establishing every proposition which Mr.
Evarts has laid down, II II Is necessary. ,..a,
Mr. ehearmaD-I doD't see thepi toey don't seem to
be present suggest that yOuf Honor request some Of
tho counsel on the other Sue 10 De ueIe' AheJ uVN
consult US about leaving.
Jodge McCue sent an officer TO notify the plalnlTs
counsel, who had gone tue other room, to appear
and Mr. Beach soon afterward appeared in Court fol
lowed by his associate and Mr.. rtoD.
Judge McCue-I cent cor you MT Beach, because In
your absence not kno%hE sas YOU were MOI ~ t t
Court with reference 20 the rgh 70 sehu ths cause io
trial before any other judge upon the ground that tue
cause called and and that there eau be but one
Mr. sbeaTman-L BiT. Beach would Ike, will state
NJ BEACH, have heard them sufficiently Sir Prob
ably Mr. EvarCs has made that suggestion IN conse-
etYeen portion of the counsel for the defense
counsel for the plaintiff and OF TINS court at when the
-, Cont necessarily upon yesterday, In the CITY of
NevsYork. II arranged that your Honor should
aendar until about u O'clock, when Judge Nelson
should swear 10 the extra panel summoned
"noD '"I phe Suggestion that we might proceed
Ia my absence Monday 70 mlanel Jury tbst sn Oh
tectOn was made tudE ~ piONSOe-e
tins cause until this morning at II O'clock By arrange
Justice Nelson, the hours or Our meeting ana
sittng arranged from II 10 O'CLOCK ana IL must
be ia your HODors recollection that IL was e4pSSsy
stated upon that that no PROCEEDINGS ~ouu Oe
taken Ia the cause beyond calling aud swearing IN ah
extra panel until II clock Of this day; and appear 70
the memory Of all the judges upon that SUBJECT wa,
therefore, kr exceedingly surprised when saw in the
public prints notice OF the proceedings which were had
h the Court upon yesterday. without intending
~ offenSe 10 any OF the gentlemen, L
pronounce these proceedings entirely repugnsnt 10 the
srrangement Wnoh was'madO on the previous meeting
Of counsel and tho several judges Ahd there was no
except appearance upon the part OF one
OF the attorneys (Mr Pearsal Tor the purpose OF ODD
serving what proceedings we're taken ia tne court MI
Morris declining appear upon the strebsth VI thas
arrangement certainly so understood II. remoA
ber 6r that Mr. Shesfmau addressed 70 me the inquiry