New-York tribune., 1886-05-21

or forty exceptions taken upon the trial. beginning with
drawn and ending With the Courts hna charge shall
call attention to but one feature OF tue charge The
trial but tho administration OF Justice" Now. SIR
what does that mean What construction coud the jury
Re miscarriage Of jasticei Was not thai error Of
ment charges the offence committed was had with
person unknown to the Grand jury whereas the law re
TO- 70 the ofence II it can. The charge is not
that he accepted the Srbe. but ilat he agreed .sd
Grand Jury might easily have discovered his name II
they had so desired The witness ByTnes haew nt ane
when nqustve juror asked him for the Identity OF
should prefer not to disclose It at this time
the matter was left THIS omission Is faiai 10 the III
dlctinent and II must fall.
The Generals second ground was hat the admission
OF the confession OF Jaehne Byrnes in error as it
made to officer Of the law under the fear OF
threat and the hope o. reward Mr.. Byrnes had told
the defendant that the District Attorney had
secured confessions from other Aldermen
and that II ho would do certain things
he might escape This should have required the excu-
sion Of the alleged confession General Pryor also urged
that the Indictment should have been brought under
Section 5s OF the Consolidated Act and not undcr Section
~ Of the Penal Code.
Mr.. NICOLLs REPLY.
Mr. Nicon represented the DlstrctAtorncy in op'
posing the granting of the order. He said:
An examination OF the record and OF the courts
charge Will show your Honor that no deendants righ
even waseyer snardsd
by court IA were the rights OF tns de1endah ny n
learned ud ge who tried the cause The Isolated remark
taken from the body OF the courts charge by the earne
counsel not significant, II meant nothing more
than that the jury should act Will all consclenuoushess
IN view OF the great interests at Issue In th's trai
That the might see how more than fair the pre-
siding justice was, Mr. NcO read all the defences re-
quests TO charge which acted favorably upon.
several OF which extreme statements Of law giving
| the defendant advantages that close con-
| struction would have afforded hm. Inc
court Mr.. Nco SAID had been especially humane ana
the only error made the trial was male against he
prosccut!on Wnen Byrnes WAS kcd upon crOss-ex-
animation why he took Jaehne his victim instead Of
Mooney the defence opened the way for the prosecu-
ton the witness that series Of questions when
would have shown that his rel ltons with Jaehnc ere
such as to make this confession easy and natural.
yet the would not permit this. That was an
error into which it was lei by its care caution. and
| jealousy for this defendants rights
Mr. Nicoll then took up, one after anothcI the OBJ
iections raised by General Pryor lie said that many.
| in fact most OF them, must have been brushed
aside by the court as they tell from the
| counscls lips They only specions and in
| gemOus pleas He read the testimony of Inspector
Bynes to show that there was no threat made ana tiat
the confession voluntary. He Insisted that the IN
dicmcDt was true IN alleging that the DTDer was "u'
known, and said: g do not know who was tho nrber
even yet Mo oney was only the agent o. inc nripe'
giyers In order TO show what other evidence was az
duccd besides the confession, Mr. Nco recitcd the MS
tory the Broadway franchise and it, relation to the
Aldermen It was Laid bare on the trial lie charac-
nonstrons crime" lie dcoated the Penal Code question
at some length. showing how anomalous wouid be the
| SrIery bribery" TT'0 in New.York CITY.
JUDGE DANIELS sUsIAINs JUDGE BARRETT.
Judge Daniels turned moment and called Judge
Brady to his side They conyersed for little while and
then Judge Daniels said that lie saw no reason why he
should defer his decision. TO grant the certificate asked
for he must perceive reasonable grounds OF
doubt that the judgment would stand The crime
OF bribery was 50 nssiaHt , hnI sIo'oiSNe ,ishG ="
| .ll had inst
speedily and severely No class OF casos was more press
fence on the OF the prosecution one by one As
to allegation ihs ths indictment was detective ne
Even if tho name Of bribe-giver known to the
Grand Jury there was stil question as to the nec6s-
sity under the newer law OF stating II ID tac b IL
probable enough that the defendant knew e1a ciy
for wIst nat ne %a' ad e Minis 70 e on te r h @
neither innrmy evidence nor error In rung and no
doubt existed III his mind that the judgment should be
sustained Therefore lie enied the motion.
General Pryor and sir NeNcoubc took their defeat
could stand both extremes OF fortune. Mr., NcwcomOe
SAID hat .ome hing woud he done Tor JAehnes & re.ei
before O'clock this morning bat he ana not know wha
FALSE HOPES AROUSED IL JAEHNE.
When Jaenue returned TO the Tonbs after hearing his
doom from the lips OF Judge Barrett several ilends
among whom was Fatty" Walsh, net him and followed
him into the cOuuselrOOm Wash offered his Condolences
by narrating that he knew it was " all up " when he
heard the Judges charge on Saturday night " | went
uptown" he continued and met the biz fellow. This
reference was to Hubert O. TnompsOul said to him,
.Jaehue is n. g. 'why says lie. The charge laid
him out coli' says I. knew you were a dead duck
Jaehne, soon heard him Jaehne did not look as
he were either diverted encouraged by this Recital
How did LOOK, boys ne "shol - -, ,..,o
First rate" airlend replied Most men would nave
gone all TO pieces after such taking TO- Bat you pore
up hne." . ,., ,,. a, . .,... ,u,,
face 1t terrific. lie said presently referring to
the sentence. e" surprised To hear the Judge say
tnat the case clearly proved a:anSt me- ua no'
suppose that anybody thought that -,
Just then Jonn Is. Toner came III with
Mr. S.WC al
.sSs, so t'g
lie NOOK Toner'S hani heartily "Thas the nfst g"oi
news" lie said "that I've had since the trlai Degan
wnea yilI IIiloDs it. be argued
And will he decide right awayl"
NO he VIII probably listen TO the arguments, take the
papers and his decision iora day OF Iwo said
time his WIFE brother and brothcrinAw were u.hcred
his cell Mrs Jdehne wept bitterly ana ms seemed
affect the prisoner more than Judge Barretts oIGh
ing anything else tnat had happened Bnt nc
been granted and begged her not TO despnr,
lie spent considerable part OF the afternoon
with hIs relatives. only leaving them for short TINS To
talk with his COUNSEL when thcy caed Atue peiole
o'clock During time that the was being argned
he dli little else than smoke He Kept NJ Wei ana Ouy
once OF twice when he thought himself alone dd ne er-
hib any of breaking down. and then he quickly
Toward evening he grew somewhat despondent
his relatives. but hope for the best"
When he hearing before Judge Daniels began he sent
ms brother to Court House to watch proceedings
Judge gave his decision the brother hurried to
! the Ionibs
GIVING WAY TO HIS FEELINGS.
! When Jaehne told that all efforts 10 save him
| from Sing Sing had failed he gave way his
emotions Tears filled his eyes and it was
with great difficulty that he recovered his usual self
| control. A few iLomeDts later General Pryor and Mr.
| Ncwcombe drove up can and went INTO his CELL
You needn't tell me- lie said to the counsel. :"
know the worst aud III try and meet II Ike a man."
His lawyers talked for time with HIM and chceIel
hs dropping spirits considerably by telling him that
| his CHI ,ices were good III the Appellate Courts ana
| that he would lave to stay III Sing Slng
long oval" he repioi, AT all events want to get
away here QIicky rs possible. am sick OF the
| place. Get me 10 Sing Sing a. soon as you can -
| How would you ike to go to-nlghtf asked MI.
| ScwcaIubc
| "First rate" said Jaehnc ARRANGE IL SO by all