The New York herald., 1878-03-06

act passed last year which lorbds pool selling race
only The days OF racing by persons to
be designated by the association owning or leasing the
track.
TRIAL OF SUPERINTENDENT sxYrH.
The Senate met at four O'Clock this afternoon for
the trial OF John +. Smyth, Superintendent OF tho
Governor and already pubishoi Mr.. Robertson moved
that the CLERK keep separate journal OF the trial.
mttee be directed report rules for the gudancc Of
the senate during the trial Carried. Mr..
appear before the Senate IN person and by counsel,
the Governor by counsel the part oi the State
Mr.. Hopkins asked what night these parties had to
appear hero by counsel and said he asked only for In
f0rmation; be did not know that this
trial Mr. Hughes replied that the accused had right
TO DO heard before tho Senate.
Mr. Jacobs said such a course was followed in the
Ellis trial. Mr.. Marvin suggested that tho Attorney
General should appear here on the part OF the people
wish his suggestion. Mr.. Hughes, IN answer, said
there was no law requiring the Attorney General TO
act, and he thought II due 10 tho Governor TO permit
hn 10 mako the selection counsel These proceedings
are against officer charged with dcrelicton OF duty
by tae Governor. Mr.. Marvin said he did not sup
pose this was personal mattcr between the Cover.
and Mr. Smyth; but rather between the people Of
tho State and that Official. Mr.. Sessions hoped
publican member would vote for tho amend
mcut. Mr. Marvin's amendment was lost and
Mr. Hughes motion was adopted. Mr. Hughes
presented the rerort OF the Judiciary Committee.
trial. They are the same exactly as those adopted
In the Ellis trial They give tho counsel OF tho ac-
the Senate and power TO send for persons and papers,
&c, &c. Mr. Hughes said thus case Is lion in our
path to obstrucL legislation. 1t was, however but
Just To project the rights OF tho people and OF the &C
cised and they arc adopted the trial may proceed
at once, II counsel for both sides are ready
The report OF tho committee was thon adopted
MR. sMYrH's ANSWER.
., Tho name OF John T. smyth was then called by the
Clerk. Hon. Henry Smith replied that Mr.. Smyth
was present with counsel The Clerk read In the
presence OF the accused tho charge OF Governor
Robinson and the letter OF Comptroller Ocott against
Mr. Smyth as presented TO tho Senate, February IL
Alter the Clerk had finished reading the charges tho
following answer was mado:--
The respondent John smyth comes before the senate
and for answer TO the charges Of His Excscncy the Gov
crnor upon which no bases his 20 remove
tho responden he says that there violation OF the
law: or mi'dcmcanor or other offence whatever,
particularly or otherwise alleged In said char ges
sgains. him, and saving to himself now and At
all times hereafter all benefit OF exceptions the insult
cheney Of said charges in alleging any offence vols,ion
contained In said charges and the and
intentions therein alleged ana he that ali he
the premises has been done faithful and
conscientious discharge Of bis official duty
peen bo done by him required him
bv laws and lie has evaded avoided, or
tempted evade avoid the performance OF by
himself by any other ocsr department. Of the state