New-York tribune., 1878-06-08
THE ALDERMEN AGAIN IN COURT.


THE ALDERMEN AGAIN IN COURT.
JUDGE BARRETrs DECISION CONCERNING JURIsDIC-
TIoN-INTENTIoNs OF THE DEFENDANTS coUN-
Sell.
At the opening Of the Court of Oyer and
Termner Yesterday the indicted Aldermen nearly
all present though it was known that only the pre-
limnary skirmish. would be decided. John ID. Town
send A. j. Ditteuhoefer John NJ. Weed Eiihu Root and
Dudley Field present. but David Dudley Field was
absent. For the prosecution DstrietAttoiney Pheps
and Mr.. Russell appeared.
Mr. Dttephocfer said that he wished TO call attention,
II Judge Barrett had not already decided the question:
to the marked differences between the language OF the
act permitting transfers from the Courts OF oyer ana
Termner to the Courts OF General Sessions ana tha'
permitting transfers from the Courts OF Sessions TO tne
oyer and TermineT Ia the latter act the words next
court were used in the former the word next was
omitted.
udge Barrett said that he had considered that point
and was prepared to give decision on the question
now before him. whether he could try this case at to
present term or defer its trial to the next term III
November He took up several lines Of reasoning ana
ON all determined that the present term OF the
Court OF oyer and Termner could try this case
First The Court OF oyer and Terminer had the
full powers Of the English Courts OF Assize To hear
and determine all cases whether brought originally III
them or in courts aud 10 try all persons ~ Ja ID
person under bail construcyey IN jil ms bonds
ineu being his iaors The was therefore tIDe III
the oyer and Ierminer without any lolma oiucr IT.
moving u. 49,. -, ~,
the Court OF General Sessions lhe siate RlNc poNp
the Court OF oyer and Tcrminer 10 try all cases scht
by order u the Court oi Sessions, ahd received by the
Court OF oyer aud Iermlucr ,
Third-Ihe statute says me nM E Cour urd ,er,1 y,
cannot be intcrected 20 the the act. The Court OF
over aud IcrminCr s continuous Court though u mas
It's terms. The drawn adyiscdy. certainly not
10 promote dilatorness Ia tIlls. ~ L,'9 80 l,o
question raised on appeal aud Judge Daniels over
ruled It, and the Court OF Appeals aihrmed ms decision
As the question lurisdicona the decision cannot
FOURTH USdr the statutes. Circuits and Courts Of
oyer and Tcrminer may DE a'DouInen 70 iuure Iay,
not the ordinary adjournment from day to day and on
these adjourned days new Jufcs may be summoned anu
new cases down In other words. tloy are reaiel
as new terms In this case, "hen Inn IT, oi%gf ii
was adjourned 10 a future day, n eject 10 new tIhi
and the argument Of defendants counsel Io on lhls
ground also. ON both pnncipe ana authority the once
ton should he Oyerued and the Court should proceed
according to law. tO the trial oI the Indictment
Mr. Townsend asked permission 10 enter an eAc,pion
which was grunted. lie then said " understood ON
Tuesday that while wore 10 come here to.lAy' We
D"a.h 49, tbe sc 20 over 10 Thursday though IL
would be- s more convenient 90 have 10 20 over 10 TIC
following week. Stll understand that me DlstHct
Attornrys office will make no objection 20 Thursday
place the matter the convenience OF the counsel.
Mr Phelps" understand that today was 10 De IN
formed what course the counsel Wgud take-"Helner 10
move TO Quash dCmur or plead a.,
Mr Townsend CsmilingJ-.' think you rely on IT
tnai We snail not plead guilty ana may conclude We
MI Phelps-"I simuly want 10 know so that may
be prcuared and have 10 bring my witnesses uoNh
As 60 the adjournment, 10 r. asked as matter o. CON
ycuieuce % cOnsel 10 would be very inc0nyeurnt 10
me, both individually and a. public ohcer, 70 nave
this case postponed beyond next week. but shail NOT
object TO its going over TO Thursday, II the motion TO
guash viii he argued then" 49,,
Dudley Field We don't want to be shut up TO thnt
rnotion; we may have otner motions TO make"
Mr. Phelps" As many as you please, only want you
the record"
Mr. Root" ask the District Attorney formally In
open Cour for the purposes of our motion To gash,
TO inform which OF the Two indictments Was hist
found He knows that OF Two indictments re
latng 90 the matter the last supersedes the rs
also ask list the Witnesses before tie Grand jury
Mr. Phelps Counsel have the same sources OF inior-
nation that I haye-the recOrds-aud can examine
them"
Mr.. DittenhocfeT-" DO understand that the record
will show which indictment was INST found y
Mr. Phelps-"I do not say more than tuat the fccOfd
Will show all that is TO Dr shown about H.
The Court then adjourned. go 81,
In l. reported that Recorder Hacketts charges 70 tho
Grand Jury Will be rehed one ground for quashng
the Indictment