The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-08
:..... INDICTED OFFICIALS
The Aldermen To Be Tried in Oyer
and Terminer
JUDGE BARRETTS DECISION.
Trial Set Down for This Term
OF the Court

No in the courts at present begins 10 possess
the absorbing interest Of the indicted Aldermen At
least such IL tho very reasonable inference, judging
from the large throng OF eager spectators that filled
Inc Court OF Oyer and Terminer yesterday morning
70 hear the decision Of Judge Barrett upon the ques
lion wheher the Court haa power sry the after
Ms transfer from the Cours Of General Sessions,
the phraseology Of the order being 40 the next
Oyer ana Terminer." Most Of indcted officials put
In prompt appearance looking calm and collected
enough, though lacking somewhat, perhaps, the ira
5 ditiona dignity and rotundity OF city fathers
formidable reyinus OF coupssl--John D.. Townsend.
ex-Judge Dttenhoeer. Dudley Field and Eiihu Root
was likewise early on hand to see TO Il that tho
municipal legislators were not mado the unwilling
victims OF one OF the laws curiously bewildering
quibbies and qurks. District Attorney Phelps and
hs associates were in attendance. not only TO press
the suit Under the Indictments, but to parry any
forensic strategy the part OF counsel for the
cussd.
At halpast ten O'Clock Judge Barrett took his seat
IN tho bench, which the signal for the opening
Mo court st ett
sasNx.* THE WORD "xExr.n
Scarcely had the court crier recitsd the formula for
opening the court than Judge Dtsnhoeier arose and
stated that At the request OF associates he begged
to call HIS Honor's attention, before announcing his
decision the question Of jurisdiction az tending pos
was remarkable and striking difference In the
statute relating to removals from the Sessions 10
Oyer and Torminer and the statute concerning re.
movals from tho Oyer aud Terminer back to tho
Ssssona In tho former tho removal to be
directed 10 the next Oyer the latter from the Oyer
to the Sessions not the next Sessions Alter explain
ing the grounds for this difference. urging that
Tor that necessary give full force 10
Tho meaning OF tho word "next in the statute undor
qd nj fOP NAB IN 4
Placement then WAS because the point was n OF made
On The briei on the question handed 70 the Court.
Judge Barrett stated that though not the BRIEF he
bad not overlooked H. He then proceeded TO read his
ieeison:-
There forcs in the that this Court
and S s U CT s I'll
livery Tho latter Court always nad power 10 try all An
70 s:.iss
Hns oyer and rsrnias1 and .seSnd .S deliver .as
s.shs. pisy.sa special Court q Oyer
sSsa r sss1s s.sx sstsa. R
on III -. r. 81 issS ag 10
ry wa BY The a. Soss q ~ ~,
I q r. !: sn y
lheir special commission to deliver the jss: and In
and before osSsr a. wei: iD - ,So.s
ss!ii BEING Il. d. Entity o. i iis prison. A
!. further in.n..sd snas whes the cour. Of
oasSa authority 70 /. lost 70 rSs case %a:
ieiowsa IN the ieopls Va Ths General Session. u
ws.n The indiesmsns found and preserved a. The
q Sysr ssSS
asfs ~ a sas Or %Sos * srds Of Iax
% S.s. r. .s :y
nut e s s
Rofunity q icing heard before the higher court Now
shs order Of removal made Sy justice Of the Supreme
regard 10 q
IT,. THE oRDkR OF THE SESSIONS
sos nsesssay % pass upon i more asa.sly salts
order of.Ss Sessions The Statute s explicit that every
Ssu,s q ~ sps as M delivery .a"
shall have bss sent oy order Of such Court u sson. 70
These have bee 50 sent sna have been 50 re
sysa y that the power Of the Sessions send
aud eriner 20 be ned IN the county bat tho former
VISION must 'e NO NET aurr 'hs 'Ase
i must also be sons,e5s that :ns legislature specifies
merry oy Tsrminer continuous court
the legislative ass q slls expression next eourt In-
a. ~ Of .ss s the
deansa provides that Its IT when court
sanx the es
rec 40 These proysons said Jusge ssiasn In Appo
Ssh Court Of oyer ana Tsrnsr has been 80 far modasa
nsnSous 10 each Of the counties u ssa
s .nd 'IsS s9u q
watch vita che hrst and terminates
sud Tsrminsr county" and hs shows ths. his
pp 5ss Ssa The expression question must have been
aavissdly Tor ths Of DO
be presumed tina. ssDsdl:,on n tue ,. Of
court was permanent and continuous, tna conse-
sasas,y There va. NO mex. esS,.v .as d
hesitate s' s. the as.oa Of The statute
omitted and when =. In the present instance. such
tra.on Of Justice. There rsmains but the har-
which has governed actual almost aaiy practice
70. many nan: year. without question .aa on wsi.h
70 penal the sitting
view %: s.Dr...isn mex, eoar. indss
sitting Of the Tue absence or this latter term or Of
s.m npon Che suggested Tor .s use would
sssily have been in.Dpr syr.A.
The point does not spps. 10 nave been previously raised
wh... ,is ooa,. eoneisssd g proceed % not
sSs . ~ held s @ IN MORA ap ~
sessions 30 the next Court Of Eyer aud lsrminer''
.n any .ss:sass.. s;.% ss::
IL noaS w. r.. T.os % justice ns Srsr Term
shis fuy reported in The 9Th o. iiun sa, We
:'.ss when vent Sppss Il. r.
sa .e "a. sAss % Gs VIZ , s
p o. the statute 70 send ne case 70 the Coar. OF
the Lersls.ure mean, By the terms assa the
court ~ when the iDdicmsnt could be tired. The
court Ut which that could DO done, and the
the transfer OF this indictment made. court OF
also thai The point should havs been raised below Il
vent 10 the Jurisdiction. however. and that
remarkswe have quoted certainly something more
than ober On appeal 80 the Court OF Appeals In the
spsssy eon.Sss ID ,Ss Cears % Of 's
taying that the Judges have carefully considered ali the
allegations Of error contained In the printed
W them, Snd that they are clearly without
-. ADJOURNED
There another provision of Law which incsively
epcn this question II that winch declares Circu
lvurt and Courts OF Oyer and Termner to
20 held on any future day By An entry In the minutes that
lures may be drawn aud such adjourn cd
Circuit or Court Of Oyer Tsminer causes
may be noticed for trial ~ such Circuit
manner ~ u were held by original appointment tses
code Of rsreees .isY sec "a ode OF Civil Proee
courts are treated practically terms
they certainly differ substantially from tho ordinary
tournments VI court IRON dry day Now what.
eyer question there may DO with regard to the daily
time OF the making OF the TRANSFER order there
none we appteherd with 20 sajouned