New-York tribune., 1878-03-06

The Assembly, yesterday, passed the suppiemeh'"
nine CHAPTERS of the new Code OF PROCEDURE ny u
vote of rs TO 81. In the Senate bills were ihro
dnced 10 prevent frauds in the sale OF mix, ana
in relation TO noxious weeds III hghWayS
IN the afternoon the Senate assembled
for the trial of Insurance Superintendent Smyth on
the charges presented by the Governor. These were
read. and Mr. Smyth replied ny counsel. The Senate
the, adjourned TO meet at 10 q. next Thursday.
SUPERINTENDENT SMYTHS TRIAL.
ORGANIZATION OF rHE SENATE As COURT OF I'M
pEACHMENT--MR SMITHS REPLY TO THE CON
TRoILsRs CHARGEs-THE CASE ADJOURNED TO
THURSDAY MORNING.
tBY TELEGRAPH TO THE TRIBUSE.l
ALBANY, March 5.-The trial OF Superinten-
dent syth of Insurance Department. on the charges
made against him by Controller Olcott and referred 10
the Senate by Governor Robinson was begun quietly IN
the Senate Chamber this afternoon. All the Senators
excep, Messrs. Ecclesne AID Goodwin were present
large throng Of spectators ed the spare space OF the
ROOM The proceedings although lpng did not advance
tbc trial mnrh All that the Scuate actually did after
considerable debate TO adopt rules for tho trial. 10
authorize the Governor to employ counsel to represent
him at tho trial give the accused permission also
to be represented by counsel
Mr. smyth was present, with his counsel, Mr. Henry
smvth and Rufus II. Peckham. The Governor was re-
presented by Mr. Samuel Hand, who said that he was
would shortly be prepared Mr Smyth's counsel ex-
rressed their readiness begin at once Mr. Hand SAID
that he desired subpoena witnesses who lived IN New"
York but who could be present In Albany O5 ihHisny
The Senate consented to tins delay and named Thursday
morning as the time when it would again he ready to
hear testimony. The witnesses referred to by MI Hama
are Of course the officers OF these insurance companies
whose payment Of the fees OF Examiners has already
been made public by Superintendent smyth Below VIII
be found a full report Of the proceedings:
THE PROCEEDINGS.
The Senate met o'clock tins afternoon fer The trial
John f. smyth Superintendent of the Insurance De-
parmen on charges preferred by the Governor and al
ready pubshed
Mr. Robertson moved that the clerk keep "a separate
journal of trial. Carried.
Mr. jacobs moved that the Judiciary Coihmitiee be Ill
recled to report rules for the guidance OF the ceudo
during the trial. Carried
Mr. Hughes moved that Mr.. smyth be allowed TO ar-
near before the Senate person and by counsel and the
Governor 10y counsel on the Part OF the State
Mr. Hopkins asked what right these men had 20 appear
here by counsel ana said he asked only for
he did not that tiis was trial
Mr. hughes replied that the had right to be
heard before the Senate
Mr. Jacobs said such course followed in the Ellis
trial.
Mr Marvin suggested that the Attorney General
should appear here the part OF the people He
moved to amend Mr. Hughess resolution TO agree with
MI Hughes, IN answer SliU litIF was II" III
ing the At0rnc-C General 20 act and he thought II due
to the Governor permit him 10 make the selection of
charged with dercctiOn of duy by the Governor MI'
Marvin said ne did not suppose that tl,is va Ptf per
sOna matter between the Governor ana MI. Snl IN,
bat rather between the people OF the state ana ta'
Nv Sessions hoped no Republican member would vote
MI MaIyn's amendment lost and Mr. HuGhes's
Mr Hughes pr sented the report of the Judiciary Com
mittee, giving rules for the Guidance OF the senate ai
ing The trial. They sro The same exactly a. ihose
adopted in the Ellis trial Ihey sye ] toe ecpniC ,s
OF the accused and the Governors & counsel Sc, @ aie
right address the senate, aud power TO send Tor per
Mr. Hughes said this is a lion in our path TO oh
struct legislation 1t is. however only Just 70 protect
tie rights Of the people ana oi the accused ana tn'y
ADOPTED Tie tral may proceed At once c0hSei ioi
I'm Tie reDort 81 the committee was then adopted
The name of John L. snlyth was then called ny the
The Hon Henry Smith replied that Mr.. smyth was
The Cse-k then read in the presence OF the accused
ire cba of Governor Robinson ard the letter OF Con-
tioler Ocoit against Mr. smyth, as presented to inc
Alter ~, Ccrk had finished reading tho charges. the
Tic rctrou,icnt John L. snyth comes before the
Senate and for "a the charges of his EXceency
the Governor upon which he bases his recommendation
to rcmOyr te respondent he say tnat there IS no viSa &
tion oi the msdcmeirOr or other offence Whal-
ever particularly or otherwise alleged Ill sad charges
against him; and. saving to himself now ana at ali
times hereafter all benefit OF exceptions to inc Insult
ciency of said charges in alleging any OfcDce or NOi
tion OF law whatever, for answer he denies .ach
and ever} allegation contained ID said c1aiscs ana tne
that al he has done III The premises has been done III tt
faithful and conscientious discharge OF his official duy,
and nothing las been omitted t. be done by him that
was required OF him by any law, and he has never
oyaded avoided, ATTEMPTED 10 eVsde or avoid tte
uerorpagcc Of any duty by hmsef by any other OH
Ger or department OF the state whatsoever; and. tEere
fore the respondent Tor 10 the charges ai0rc-
said say hc Is guilty OF the of any part or
portion thclUnt. JOHN r. Shl III
The President asked il The Governor represented
by counsel. .
The Hon. Samuel Hand said lie appeared for the Cows
eTnOr not knowing wha. counsel would lie called by
Scu3te, suPpVniS ha1 becn Issued nc sus-
gested that adjournment be had unti Thursday.
Mr. smith OF counsel for tne accused, s1ld tCy were
prepared the trial The, supposed nom the aSes
mai some before ire Governor ana mat
the case could proceed At once They dd not intend to
shrink nom any evidence which might DO brought t0r-
ward, and hoped the would proceed al as early
moment a possible.
On motion Of Mr. HUGHES the further consideration OF
the postponed until Thursday morning. az ~
O'Clock, and the Senate adjourned
WORK OF THE LEGISLATURE.
THE SUPPLEMENTAL CHAPTERS OF THE CODE PASSED