New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-06-05
THE ALDERMEN IN COURT.


A QUESTION OF JURISDICTION RAIsED-ADJoURN-
MRNT TO FRIDAY-THE HEALTH BOARD NDlCI-
MENT.
The Aldermen-aIl who were indicted and
most OF those not indictedappeared yesterday Deiore
Judge Barrett In the Court Of Oyer and Termner JOhu
ID townsend A. ]. DittenhOefer, John W. Weed ana
DudIev Field appeared as their counsel David Dudley
Field and Elihu Root who are also retained were not
present Colonel W. p Prentice, the attorney for the
Board OF Health. present, but only as o3ker2u'
The DisrictAttOrneys Offee represented by DIS,
Phelps and his assistants Horace Russell
and Daniel G.. Rollins. Mr. Phelps called up the cas- OF
the Aldermen and asked that they plead 10 the Ihc
Mr.. Townsend said that his clients present with
MI Phelps said he did not think he shOnld call on
them 10 do that II was not likely that any OF tnG
would rim away aud the indictments only for mis-
demeanors What he did ask was that some step for
ward should be made-that they should plead OF move
Mr. townsend said his first step would be an objection
TO the jurisdiction OF the court Inc statute sau ma
il should be to the next oyer and TermneT nor 10 e
one then ~ session nd ne hSaT rms esse
Judge Barrett-The statute know, reads so. Is not
Mr.. P6elps6I think your Honor, that both here and
at the General Term Of this district II mas been decl4ed
nearest Court of oyer and Terminer and not the next
term the future sense
Mr.. TOwnsend-I know Of no reported case to that
effect, and Mr. AgeTnOn 8. Sullivan formerly Assistant
Distrct-AttOrney told that that Interpretation mad
Mr.. Rnsse2The statute applies TO the case where a
trial transferred the motion OF the accused NOT
where il is transferred as IN TINS case on INC OO
Mr. Townsend-The truth is, your Honor, we are not
now ready TO plead. Several gentlemen have been Sc
leoed counsel for the Aldermen, ana we want
20 consult together before taking any step 1his is
new case inyOly wing much consideration Ii Is IN ltse
case Of little Importance. The nuisance mas been
abated the peanut stand OF whaIeser IL Is Is 1
that the public Of the corner OF Chu5c9 ana SoT-
landtsts. VIII not be greatly ineommoded. oIl, tus
be very Important to the Aldermen as individuals. 1t
is right to look at the matter on all sides suppose II
resulted in conviction; there will he no quorum OF the
Aldermen, and there Is no provision OF law IOI Suen
case 1t VIII be necessary 10 convene lhe I
On the other hand moderate delay can do htte arln
The copy OF the indictment was only 1nrns4eu 10 me
yesterday afternoon. il took over week 70 uaW ana
it. Mr. DittenhOefer Mr. Field MrRoot and myself were
retained only last night We have not even seen the IN
for five minutes this morning. We should have some
time TO consult as to whether we VAL move 20 quash he
Indictment take the somewhat dangerous course OF de-
murring or iuterpOse special plea Mr.. Fltlu, tne
senior counsel IN the matter. is not mere am IOiu ne
was only informed Of his retainer this morning ana mas
not concluded accept It, In view OF the DOUBT as 10
the power Of the Court OF the n 10 1ng
vacatiOn-Of the Inconvenience c the public Whch may
arise from nasty trial of this cahse and OF the neon
venience to counsel it would that it is not too
much 20 ask that the case be put over the term. -
Mr. Phelps-I have not proposed and am not propos-
ing to force on the TRIAL to-day, butt do want to Know
and think have the right to know at very early Gay
what the defence intend to adopt II tney plead
am ready II they mean TO to quash, think am
entitled to know within few days whether l have an
indictment which / 20 to trial or not
Judge Barrett-The next term Of tine Oyer and
will until next November DlednWhle
IL seems me that IL would be weN TO have some In
pOrtant questions settled not much as TO the par
fcuar in this but as to the general powers
OF the Board Of Aldermen in relation TO cOgnate
matters to the power Of the courts to restrain
them.
Mr. Townsend-I am informed that there Is now z
civil case pending in which MIR. Carr at Thirty t
at and SiIthaVe. eOntesting this question: and
IN which Judge DOnOhue-a significant factas thought
the question so doubtful, that he has grained an i'll
iunetOn against any interference win the sOcaled
Obstruction In that it seems to the questions to
which your Honor refers may be settled better than IN
this case.
Judge BARRETT will adjourn this matter for week
and meanwhile will look the JuIisdietOnal question
raised by you ii,
Mr. Townsend-Mr Fields engagements Will, under
stand prevent him from beng In town alter TINS week
and If we decide on making motion 10 quash we WOulO
Ike him 70 argue it. viii your Honor say next Friday
or II we detain him. next Tuesday ana give Us al
iDistrict- Attorney Phelps making objection The
matter so disposed Of 80. -
Mr.. Townsend and eX-Judge DittenhOefer tDei
asked a right TO make an alternative plea or motion
when Dstrict-AttOrney Phelps said, good numOredy
don't want my friends to tell me now what they IN
tend to do but shall ask that next Friday or Iues
day they do something, not merely say something
and shall ask that they report progress then"
Judge Barrett-If decide have jurisdiction.
The matter was then adjourned. 80
The indictment against the Board or Health was no
called, and Mr.. Rollins said would not be called unu
some disposition should be made Of the AdeImens case
putting It ont Of the way at least temporarily IL Is re
ported however that the Health Board case has beer
Terasferred the Court Of General Sessions and MAJ
be taken up there toward the close OF the month