The New York herald., 1879-03-15
JUDICIAL MINDS DISTURBED

SCENE IN THE COURr OF GENERAL SESSIONS
BETWEEN ASSISTANT DISTRICT ATTORNEY
BELL AND JUDGE GILDi RsLEEvE.
The Court of General Sessions yesterday the
scene of unusual liveliness during the trial of
Thomas Tyren. alias Farrell. of No. 243 East lO3d
street. and Thomas Allen. of 1O5th street and Second
avenue. who were charge with burglary. For the
prisoners there appeared Mr.. Edmund E. Price as
counsel whose main effort. of course. was that of
concealing from the jury the damaging crcum-
stances that one Of his clients-Aen-had been sent
to the State Prison. Among those summoned to the
witness stand was Oficer John Ross. Of the
Twenty-third precinct. who said he had known
Farrell for the period Of ten years. and that he
a man Of good reputo. The officer added that no
had known the prisoner Allen for FIVE years and
paused without saying anything pro in regard
to his character Assistant District Attorney Bell
then commenced his cross-examnation of the officer
who seemed to be in communicative mood. In
reply to Mr.. Bell he said he had been in the same
precinct all the time he had known Allen.
A WITNESS CAUSES A SENSATION.
Now the crisis, for the fate Of the poor pris-
oner was in the balance :-''welY said Mr. Bell and
he looked inquisitively at the officer.
"Well," replied the fat officer, II sent him to State
Prison"-doubtless eager to give information that
had not directly been asked.
Mr. Price vigorously protested against this mode
of procedure. severely censuring the unsolicited
mark of the police officer. He submitted that
the gratuitous Information furnished by him had
Attorney. the character OF the prisoner Allen as
yet having been put in ISSUE MIR. Price further
stated that Mr.. Bell had promised not to attack AL
len Character the understanding being that joint
trial of the prisoners should take place. Counsel
asked that the officers remark be stricken from the
records.
Mr. Bell earnestly denied that he had elicitod the
fact that Allen had been in State Prison. Indeed,
had he desired to bring out the damaging fact he
C0ud rp1diy have done through other witnesses
who must have known that Allen had been sent to
Il must say Mr.. Bell" quietly observed Judge
Gildersleeve. that your action. in my opinion was
open to criticism"
"In what way. may ask % inquired Mr.. Bell.
well" replied His Honor, ..you asked how long
the officer had been in the precinct. then leaned
back, smiled, and after very long pause added, in
quirngly. Well p The officer naturally enough may
have inferred that he was expected to add something
II insist" said Mr. Bell, somewhat warmly that
have done nothing during the course Of this trial
that consider unfair or desire to retract"
THE DANGER OF A SMILE.
Then" said Judge Gildersleeve. with frmness,
"why did you lean back. smile neaningly. and say
III did IS you say" rejoined Mr.. Bell II do not
think it proper for the Court to draw an inference
that does 5, not express what passed in my " mind m
gavel the bench. II have given true interpreta.
ton to your conduct as appears to the Court It
y. well. intended to do whata" inquired Mr.. Bell.
interrupting. ., ..- ssat
"ro give the jury" replied the Judge. IAN oppor-
tunity to draw IN Inference"
II deny that had any such Intention" urged Mr.,
Bell, who was now becoming excited. when Officer
Ross, he added. 'came upon the witness stand had
no idea that he knew anything about Aliens i'm
prisonment asked none of the witnesses who pre-
ceded him anything that in my opinion tended to
elicit this fact in the history Of Allen. ask
Your Honor IL you at the commencement Of this
trial had not known that Allen had been State
Prison, could you have drawn the inference that you
did from what am reported to have said and
doney' 'f ~
can answer might not determine the difference Of
opinion between you and myself" said His Honor.
lam willing that the jury should be asked whether
they had drawn an inference unfavorable to the prs
oner before Officer Ross said what he did
'Well, even then there would be room for Q vari-
OF opinion" retorted Mr.. Bell. But. ut all
events have yet to learn that this Court has the
right to regulate the expression Of the face. the
movements and the pauses between the questions of
the District Attorney SO long as am here will
regulate them to please myself"
''Well then." said Judge Gildersleeve. $50 long
am here shall critciso anything on the part Of
counsel that deem improper"
Here the matter rested, Judge Gildersleeve grant
ing the motion Of the prisoners counsel to strike
out the remark of Oficer Ross, whose contribution
OF the testimony had caused so much discussion
The jury found verdict Of acquitted. and after
salutary warning from the Judge they were dis
charged.