New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-01-25
MR.. SEMPLRS PECULIAR ACTION
ABANDONING CASES THAT WE'RE APPEALED TO TIL
GENERAL

ABANDONING CASES THAT WE'RE APPEALED w Inn
GENERAL TERN.
Assistant District Attorney Mckenzie semple has
had charge of the arguments appeals for the Dis
rictAtorney's Office for several months, and The
outcome of of the appeals decided by the General
Term on Monday excited much comment yesterday As
to Mr.. Semple's action. The cases were those Oh
John De Leon, convicted before Judge Giderseeve OF
abduction, In sending young woman 10 Panama, ana
sentenced to fifteen in the state PrisJn ana Vi
John McGrath, who sent to the STATE Prison by
Judge Cowing on conviction Of manslaugher In the
second dcgieo. The judgments and proceedings VI
the trial courts, in both the were unanimously
affirmed by the General Term Tho trial Judges, how
ever, learned that the decisions tho General Term
had been reached without any aid In argument by the
DsIrict-AttOrney's representative MIR. Sempie, IL
was said, had Como 50 far as TO say to tho Generai
Term Judges that there was error In tho trai VI the
cases, and that tho convictions should DO reversed
He even wrote that effect b. Jusuce Daniels, of
Buffalo. one Of the General Term Justices In inc
McCrat case. In spite VI Mr. Semple's attitude anu
the arguments OF the lawyers for the defence tho
General Term sustained tho trial judges Judges GOV"
ing Gdersceve, when they hoard yesterday oi tho
action OF Mr.. Semple sent fol- District Attorney FOL
lows and Mr. Sempie. Tho acton OF Mr. senpio was
spoken of unfar, as the Dstrict-AtUOrney rcpio
sentative In tho trial VI a case urges certain rWns'
aud another representative OF the same Oioe ought
After long convers alton between tho Judges and Coo
mel Fellows aid Mir. sempio, Mr. Fellows agreed tha'
in both cases the side Uf the prosecution shouu 10
strongly presented before tho Court OF Appeais'
Juugo Ghdorsleeve said we were somewhat sur
prised and ind giant when heard VI tho matter
Yesterday mr.. oeiIpe is a young lawyer, anu aP-
parently acted under mlsconceptlOn VI MS uuty e
abandoned the Leon BECAUSE as he sild ne uu
not tn nix the conviction should stand. Tho uhanl-
nous decision of the General Term Will, undoubtedly
be warning and ho will In tho future do his Dest W
sustain the position taken by tho prosecution on te
trial and the rulings of the trial judge Mi oempo
action might have resulted in harm, but a the 1ecI o.
Term has affirmed the convictions no injury was doc
Judge COW ng said that Distrct-Attorney Fellows
and Ar Semple had been sent for aud 1t was uider,
stood that the appeals In the two cases w0uid 90
vigorously pressed before the Court OF hppeas h
added al do not think Mr.. Scmple INTENDED 70 Nv
any HARM but he cert ainly should have consumer no
before he letter to Justice Daniels, tcllnB nm
that there was in tho trial Of tho NC tram c.
Tho General Term afiirmancc OF the decision III ,ho
McCra,h case ought N convince him that his Op mon
sboud not be placed above that OF the Judge OrIo
whom the case was tried The judgcs OF the G'norn
Term before whom the appeals are FIRST taken, naVo
shown that thev rely much on the discretion ana lu5
mont ~ tho iudg,s OF the Court Of General sessions
II js said that Mr.. Sempe also abandoned case o
annca from conviction before Recorder sny,n, ~ ~.
he General Term justices unanimously amrheo 0h0
Judgment.