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

which taken upon Monday er pdfe, on tne paIto
Defendants council we're not commencement OF ual
this cause. and ought not TO DO 50 oOnsideed by Tue
Court We have relied the , re- ssa
came here ut the hour appointed Tor the Putposy VI
ps @ ae BY e
counsel In regard to the disposition when your
wd make OF y t"s h Ssss already made
aude 70 circumstance connected WIN .no ms
tory OF THIS case Uo a. II eSs az this
In regard the other question. the power Of this
usual practice Of this Court so TO do. aud know OF
nothing which prohibits IL II Is power which Is
CITY of York. understand by the act OF 1870 the
same power conferred upon court ass bestowed
~ @ 81 s
Is to DO Obeyed sud followed ,,.o. me
present as the time Of TINS alleged arransement; tne
learned Judges who are sng Dy your sue werS
everything that was done YESTERDAY Tnsre was no
agreement that the cause should be PAT on unt tns
should not be called on Monday. On the contrary
va o an pn soassS ea that It should
then proceed and the aT9se ho "ssSr
any imputstion upon MIR. Beach or his associates
of delay in order to avoid any source OF deay-at ln1i
managed 80 that the shoud 10 over 10 effect FOR
one day, aud yet DO called and ON trial on h9hody.
snggeson It was proposed that the Jurors should be
called and excused and nothing else SHOULD % dono on
the INST ray nSysr auy to the contrary
never was any suggestion that ets nsrs
suggestion that the calling OF the cause should De de-
ferred until II o'clock
But If ii please your Honor We went further than
that; we accommodated the gentlemen on the other
side we hero at 10 O'Clock, when the cause was
regularly called. and we answered ready; we theh
sent over to Messrs Morris ana Pearsal the
regular att0rneys-whose acts surely, do nope, are
binding ON this plaintif-we sent over to them, ana
Judge Morris returned that the was to
be called at 10 o'clock. and not before. and that ne
would not come before That Is the answer we reoeea
If Incorrectly satod cannot help IT. that was the
answer received. Accordingly we came before your
Honor again at IL o'clock. Mr. Pearsa who is one OF
the attorneys OF the pialutH very respectloe 1ene
man. appeared and he does MT say that he simply came
TO watch tho proceedings Are we never may ~ please
your Honor. 70 have done with thiS business
Of dsownmg the acts OF diherent attorneys rssss
have concert and unity OF action among themf Can We
rev xS pOn sct ss Step "a aband to
take charge of this case, appeared here ana
anything He did NOT say that the cause by
agreement, not to be called at all until II O'CLOCK lie
was to be called then. answered ready. and the
iupaDeDg OF the jury was not TO proceed until CLOCK
this n0rDing. That our agreement. ana thst was
carried out But called. and was on, and
carried out every agreement. every Implied agree
side II was an implied that IN cOnse-
Quence OF the absence OF Mr. Beach, whose learning age
the other side. the gentlemen who lead on
side should not be present they I'VE, were not not
the cause called and both sides answered ready
Now shat be1ns .be trial We demanded tnat the Jury
motion, except that 1t must lie over unt tnlS
morning. We moved that the panels De cOnsonuaeu
No objection was made the motion being made at that
time, but offered voluntarily, IL lay over unt TINS
morning TO be decldsd The cause was .hus Gonoaoea
menced In pursuance OF The understanding OF all parties
aud they had preferences to the trial they SHOULD
have indicated IL then.
But may it please your Honor, that Is not oil, nor Dy
any means the most important part of the proposition
which we lay before you. Since the gentlemen on tho
other side insist upon raising b0ih questions we are
sUtb"rity to send The cause away but Of tho power of
this Court hold two terms But nrst let inc cite 10
that the cause having been begun you, matter
how slight and trivial the steps may be that nave been
other Judge and Impossible any other Judge to
quire jurisdiction refer TO the case Oh Blend ast Inc
PeOpe al n, Y, 606 There the cause was tried ny
JHdre of the supreme Court aud the two JUS
tices OF Sessions OF the County. In the
sSssiSD. Vacated his seat and another Justice
was introduced upon the bench The other Justice OF
sit II he had been first TO SIT in the But the
Court OF Appeals reversed the lndgmen. upon th h
ground that impossible TO make any change Ia tne
organization OF the court after the trial had once begun
Now that objection OF kind that cannot De waived
Certainly could not in criminal proceedlng ana there
is authority Tor waving Il IN eyil Procesangs. M
mater now slight make part q The trial refer to
Starln against tue People as n. T.. 953l Ihat case
trial Including motion TO postpone. which Is denied
constitutes part OF the trial And tnen tnat being So
once begun by one Judge, eau by no possibility De
dlyided aud continued before another ., ,r ..co,,
nronostion, We respectfully ask your Honor what
anInory tneps Sr l Your Honsrs it true are made
high and honorable court We concede 10 you su9n
as courts OF n sae nT have sa spert
peculiar such those courts do not have nner
TO SHOW that power ask the other side to show IT,
The authority to hold any court must be iOund IA the
raised by implication. Upon that we refer 10 Blend
agt. People al NewYorA before mentioned Ga ale
agh Mitciie "a Missouri. S2s; Hewes agt Ma1ney 100
North Carolina, 2la GIlusha agt Butterneld q scam
mon Illinois Reports 22D Aud no considerations VI
convenience eau give this authority
In the place this authority must be strictly pur-
sued And upon TINS point there Is very
gushed judges who ever sat (hough for snort tlme
ia the Court OF Appeals, his Honor, "liam fuher'oh
At this citation OF of the most prominent OF the
oppospc counsel general smile lit up the countenances
of all the lawyers except Of the defense and OF
Mr. Shearmau. ue enjoyed the palpable hit as II II
were really malicious thrust though to do him credit,
this counsel seems too much absorbed In his clients case
10 enjoy anything else-lot even good joke.
Itis the case OF Northrup agt Tie People (37 New
York 203) reversing the 10Th OF Barbour. That was
case where the oyer aud rernlner IN WESTMINSTER
own motion to transfer the place OF sitting from
town to another. What makes 1t peculiarly strong
case Is that Dotn those recognized by law as
towns where the the court might lawfully sit But the
Supreme Court Judges OF the district having the year
yer apd UNDERTOOK by order to direct It's
sitting to take place at White Plains The prisoner was
tSe s9preme Court He took out writ
of error TO the Of Appeals and His Honor William
Fullerton. delivering the opinion wheh Is very able
and full one and upon the very ground that their au
thori.y holding term Of court must be strictly pur
sued held that notwithstanding the supreme Court
had the power 10 appoint sttngs either at Bedford or
White Palms yet that, having selected Bedford, the
oyer and Terminer could not adjourn TO white Plains
or having selected White Plains could not adjourn 70
Bedford This applies not only to the person OF the
Judge but TO every kind OF proceeding by the court
In the next place say that a term, Within the
meaning OF the statute authorizing you to hold ten or
more terms means certain space Of time There can
not he such thBg properly two terms at the same
time When the statute authorizes IT specially there
NJ 4 I'M not "A