New-York tribune., 1886-05-14

,,,,.sr man sdopted his resolutions and having An.
s.y S ss :nS away ss
the Corporation Counsel were not prepared, p nS"Svu
.aO thus ,sdu sssS S Se:s os
sSnspirasors % Illegal Fearful LEI. the guS
ssSm ssS 'nsy them n"a entirety. sharp and people
offered concessions The former action was rescuded
under. this mans leadership they embodied sharps
concessions in a new franchise aud passed It. ,,.a
succeeded becoming familiar with my duties @ turned NED
this or seI n.,eSS. ssS GSOus yss e
tell you this stand how !he ,,s securvs cp,%s
from defenasn. sS. S1 ms ali tnas
monstrous bribe. That man there is the arch'conSpo
and the chief beneficiary OF the crime
General Pryor moved that the Dstrct-Attorhey oe io
aured to elect under which connt OF the indictment n0
should try The prisoner. Mr.. Nicon srsneo 'h"' ',
should required to do so yet but 'he cour'
tho notion Mr.. MARITIME elected to Try Jaehho U" 'no
which alleges that he received or agreed to
receive bribe OF 500 900 for his vote Then the "eh'
eral moved dismiss the Indictment or TO direct he
fury to cQut the ground that tho indictment unoe
that count made under the provisions OF the rena
Code. but that the Penal Code does not Apply TO
the CRIME Of bribery committed by munlcipa'
officer: that the Consolidated act does apply 20 the
offences OF municipal officer. and that therefore the
indictment was faulty. General Pryor pointed o9t .has
tbe framed TO cover the stare law as
1t applied this municipality IL was designed py VIC
Legislature supersede the statutes Iact Will @ n w
eought TO establish not only as Iosca seque"'0 ' -
decisions In other courts ~, o,,oa %
Mr.. Nieoll had anticipated the motion ne repeu , 70
attention the view taken In the constitution non
the Consoidaton act intended by the Legislature
to superscde the Penal Code by showing that ~ was
formed merely to give better effect to the statutes
Wien the enacted In 1873 !, was purely o%a an
aggregation of the statutes The codhers nao i,
1sisSred 'Ss to the s'sI",e' whiGs %
enumerated the class Of offenders VINO ,Se% Mere ia
apy member OF the Common Council OF any municipal
ity The coders had distinct reference TO tat secou
when they used the dennuve language under which inc
indictment had been brought, S,.ou
Mr. debated M to the title
the section in the Consolidation ACT Whien zen son
he said 'does cover the crime alleged
the Indictment .n, nsn os,mne2esseepsf Tessssa5.y
eyepv twopsnny oticer of New-York punishable
under the Code and the or farc aS whaeve
That cannot be. our point is incOntestaOe And
40 much. which take such keen delighi-''
"Now Mr.. Graham interrupted Judge Barrett. lyon
of law ana let the newspapers alone don't wish you
70 lug INTO hi, matter such c1raneous points
Viii Won not obey nv admonition sir I fear that
must charge you. did the Jury that you shall not
A right Honor As said the & point 1s Is aoss
iature cannot mean that every official ant and fly are to
be brought under the operation OF the statues 81,
Iecislsture cannot mean to put premium on bribery
in NewYork CITY 1t cannot mean tIn' anon an or'nyg ss p"
punishable with oOly two years imprisonment "heh
committed here" ..,
In deciding The point Juise Barrett gave Gear ana
cogent position law He talked for thirty NM
utes In arriving at the intent OF the Leglsatrt ne
said, II necessary TO look at the history
and condition OF the law when the Code
was framed well when the Consolidation act was
passed In codfyug the law the Legislature had before
Il the Revised Statutes they were ameniei IN lSo5
They then enumerated the officers affected Dy
their provisions State and legislative officers
Judges mayors. and the members OF COM
ILon couaci,s were all specifically mentioned
Now. when the Code framed. the officers distinctly
enumerated Statutes not enumerated again,
L. be but they chricerzed ana lie REGARDED
The designed 10 cover the earlier
enumeration. They thus embraced IN the classes
OF officials aimed in that law. lie womb pt
inclined To give weight Mr.. Grahams argument about
the titles that they were ldent
cal IN both the Consolidation act and the Code. Inc
Rev sod statutes OF 1869 strengthened the view Tor
merry taken by tbs Legislature OF this parucnltr
crime and the Act OF 1873 so Tar from
rcpeang the general law, clearly designed
TO give additional force. This nice point al law
aud IN some phasesa He would take me
briefs aud study he thought that his opinion
was and nua. and In conclusion lie should uehy
the motion AMI direct the trial 10 proceed.
The court a 10 =. adjourned until TINS morning.
Ex-Aderman Waite at the District Attorneys
Office OF the day. In order 10 he on lahd II he was
wanted > a witness In the Jaehne trial