New-York tribune., 1879-03-13
THE COURTS.
NEW PRIVILEGES IN CRIMINAL TRIALS.

NEW PRIVILEGES IN CRIMINAL TRIALS.
,ur TINTED STATES DISTRICT COURT TO HAVE
ORIGINAL JURISDICTION IN CRIMINAL CASES.
WITH APPEALS TO THE CIRCUIT COURT.
The Spring term of the United States
.,ro,,t Court. Criminal Branch was formally opened
yesterday by Judge BatchfOrd, OF the Circuit Court
"a Jndces Benedict and CbOate, OF the District Court
Many prominent lawyers, among them District
Attorney woodford and Assistant Dlstriet-Attorhey
zero were present. one announcement very i'm
rortant TO lawyers and persons charged with crimes
against the Government made 10y Judge BatchOrd.
lie said: This Court has met with the three Judges
opthorized TO hold criminal terms, with a view OF
making au announcement growing out OF recent act
~ ongess authorizing writs of error from the District
70 the Circuit Court, criminal cases, where the sen
fence is hne and imprisonment, or fine only, exceeding
$500 in amount The statute authorizes exceptions to
be taken in the District Court and II the Circuit Court
,udce Is applied within year the bill OF excep-
lions lies within the discretion OF the Circuit Court
iudge 10 grant the writ of error IN case of armauee
~ te nreyious Judgment nHl sentence is prOnounced
81 the former judgment is not affirmed the court may
order the case to be tried de moro in the Circuit Court
send IL back for r~ria in the District Court Ii would
seem that this required the originally TO be
tried in District Court but in this district 1t would
throw too great burden upon the District Court
Judge We have had special system in this district, by
which Judge Benedict OF the District Court has heard
criminal the Circuit Court, and we have sought
10 find out a means TO accomplish the purposes OF the
bill without changing the court which the are
FIRST tired The rule which have determined upon for
this purpose tRiBk will give advantages not TO be
found in any other district"
The rule which Judge Batchord road and ordered TO
be entered was as follows For the purpose OF Sc
curing right OF review to defendants In criminal cases
tried in Circuit Court OF the United States for the
Southern District of Ne7yY1rk hereafter in all
cases where the defendant shall within three after
conviction file notice O: motion for new trial upon
exceptions taken at the IF al, molten in arrest OF
Judgment, seHteRce will he deferred until the next
criminal term Of the court in order 20 give opportunity
OF such motion before court To he com
posed OF the Clrcu judge and the two District judges
authorized hy Law 10 hold the said term OF sHd court
under SECTION 6l3 of the Revised Statues OF tAe United
States. The court Will sit for the purpose Of such
hearings the second day OF each of the exclusively
criminal terms provided for in section Cos OF the
said Revised Statutes, at which time either party my
minutes OF trial settled by the Judge who tried tne
case. The minutes settled shall Dc printed by the
moving party, and five copies thereof shall be flied
before the first OF the term next subsequent
10 the at which the trial was had, one
OF which copies shall be delivered to the District
will deemed abandonment OF ans motion OF which
notice have heeu gwen in pursuance of this rule
Assistant DistTctAtturney FerO has charge of the
criminal department of thc D5trlctAtOrneys Office,
and upon him Will tall quite mnch extra abOr under
the new upon the judges. He said yesterdaN.
however that he considered the law excellent one as
now criminals IN the Federal Courts would be accorded
the same privileges winch they have III the state Courts.
Some doubt expressed by lawyers yesterday
whether rule entered in this district complies with
the of the statute, since Judge Beneoict while
etung New YORK, sits not District Judge but III