The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-05
INDICTED OFFICIALS.
Fifteen Aldermen Arraigned in Oyer
and Terminer.
ARGUMENTS OF COUNSEL.
Proceedings Postponed Pending Settlement Of
the Question Of Jurisdiction.


II having bean understood that the trials Of the
indicted city officials would be commenced yesterday
forenoon tho Court OF Oyer and Termincr was filed
with spectators long before Judge Barrett took his
seat the bench. The accused Aldermen had as.
sembied tho City Hall previous 70 marching IN
body into the room, where tney separated each
one becoming the centre OF crowd Of friends and
sympathixors The OF tho indicted parties are
as follows:--Aldermsn William r. Roberts, William
Bennett Bernard Biglin, Thomas Carroll. Robert
Foster. John W. Gunsser. George Hail. John W Jaco-
bus, Patrick keenan,, Terence Kisrpan. Henry G.
Pefley, Dewitt J. Phillips. Bryan Reilly, William
Saaer and Thomas Shells Health Department
Charles r. Chandler, Edward q. Janeway and Oak
ley vanderpoel. Police Experimentation y.
Smith. M
CALLED
District Attorney Phelps arose amid profound 81
and called the Of The People against Will
lam r. Roberts and Others indicted for misdemeaLor.
Mr. John D. Townsend, In behalf OF the accused par
tics said that he present through the courtesy OF
tho District Attorney, who mad sent him notice 70
appear in court. The Aldermen wcrc present. ready
to give bail for their appearance any amount the
Court d. TO name. II it was necessary.
MI. Phelps intimatsd that no had not asked that
bail be furnished, as he did not Tor moment suppose
themselves beyond the jurisdiction OF the Court He
was desirous however OF knowing what the defence
proposed doing; whether thov intended to plead or
move to quash the Indictment
Mr. wnsend replied that counsel for the defence
were not ready to proceed with the case Low ana
asked the Court TO postpone II until tho next term
of Court He expressed his doubts as 10 the jurIs-
diction OF Court was not clear whether the
Court Of General Sessions intended 10 SEMI the indct
Mt eh IT. War
ana Term,nsr, or the succeeding one. The statute
SAYS 40 the next Oyer and Terminer and the ques
tion, which was tho next Oyer and ferminer remains
Judge Barrett said there was NO doubt that the
d,cment could only be removed to the next Court OF
Oyer Terminer.
Mr. Phelps held that the words OIL the statue meant
the nearest term OF the court
Mr.. Townsend entertained different opinion, claim
ing that there q case on record In which this
Court had decided that the next was the succeeding
one.
Court had already ruled that where the defendant
moves transfer the indictment the transfer is TO tho
next Oyer ana Terminer; but when the transfer 10
asked Tor or mado by the Court OF its own moton as
in this case then il may be any Court OF Oyer and
4 posrPoxRxxxr ASKED FOR.
Mr.. Townsend said that ne had only lately been
ingiy he was not prepared what course the
defence intended TO pursue. He had only very re-
the cider Mr.. Field and Mr. Root, had beon called
the and ne had had as yet no opportunity TO
|
new legal features, and therefore required care
iul consideration that he lcounseI) did not know
TO enter pea inns ms OF mot ae sa
sociatod with him, while other counsel we're spoken
Of. and he did not know Is yet whether they would
people not be affected by poslponemenS until
tue next term Of Court especially as the nuisance
moved He said have 70 look Ut The possibility Of
conviction. and II SO tho Board OF Aldermen would
| be lott without a<Quorum. and there Is no pro-
vision the charter Tor reelecting new Alder
| mon SUCH a condition OF things would necsssiate
the calling together Of the Legislature At vast ex-
penss and trouble. These were things which he be-
ieved the District Attorney would take into consid
| ExJudge Dittonhocfer informed tho Court that he
had only thecase yesterday afternoon.
and consequently had not boon abic 70 give Il much
consideration. He loss what to do IN tho mat
ter senior counsel in the case only arrived In
before ha. tho counsel 10 the case
together In view OF the existing doubt as 10
when 70 irs the issue he 70 IL. Is 40 over 20 the
| next term OF Couri.
District Attorney Phelps iDlmated that he would be
| pleased II the opposite counsel would throw some
lgnt what their probable course IN the premises
would be. He u loss TO know whether they pro-
posed 10 plead, to enter motion TO Quash the indct
men,, or what they intended 70 do II the case was
to he asked the Court TO nix an early day
on which the question Of jurisdiction might be decided
aud intentions OF the counsel for the defendants
made known The question OF tral can only come up,
no said the pleading, and for aught ne knew TO
the contrary the parties may be intending to enter
/ plca OF guilty
| AucH INVOLVED
4 Mr.. Townsend assured the District Attorney that
no such plea would .. ana cean urSsa s
peanut stand had been removed and that the pub
% could not Dc n ni a was put %,
volve great deal OF law and that II would DO inja-
dicious 10 commence q now on the eve OF summer,
rnr COURTS REPLY TO THE MOTION
Judge Barrett remarked that alter the present term
Court OF Oyer and Terminer would be held In this
| county until November. He thought however, u
a week. aud meantime tho Court would look
question vi jurisdiction, and II II was found
that the Court had no jurisdiction would 20
| over TN November The Court would determine
whether the Indictments we're removed by tho Court
Of General Sessions November Of tue oyer
ana Termincr or to this Court II the Court should
conclude that he Indictment over TO The Novem-
Der term there Is nothing 10, but if u con-
cudes that The case be here OF the Court
would expect counsel Tor the defence TO do something
In tue way Of progressing tho case. There may be
question mere the Court added that will have to DO
settled, not on IN regard 10 tho offence charged out
generally to the right OF the Court TO direct similar
| distinctions to be removed.
| SIr townsend stated That the question comes up In
the Of person IN sixth avenue. who has taken
out injunction against the Commissioner OF Public
| Works ABOUT ninc-ten,hs OF tbe Constructions, no
sao, causei by the Department o. Pubic Works,
was satisfied that this the proper " and Ter
miner in which 10 try the indicted officials.
Judge Barrett repcn tina, the Court was lot so sat
sIed that II would be better c let the case stand
over until the question has been settled whether tho
transfer Is 70 this or 10 inc November Court oyer
| ana ferminer.
Mr.. Phelps said that he simply wanted tho counsel
for the defence 10 be prepared tho day to which
tho case might be adjourned 10 sag something to
whether they would plead offer motion TO quasn
| the Indictments
rho case was then adjourned until next Frioay.
when Judge Barrett will hear what counsel Jay have
TO offer touching tho question OF jurisdiction
| THg HEALTH BOARD.
IL was stated yesterday that tue indicted members
OF the Board OF health would be tried IN the Court
General Sessions instead oil In the Oyer and Ter
| miner The day Tor trial has not been decided upon
COMMISSIONERS CAMPBELL.
CHARGES PREfRRRED AGAINST HIS DEPART
MENT--AN INVESTIGATION oRDERLD ny THE
| BOARD OF ALDERMEN.