New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-03-15
Mr.. NICOLL ANSWERED.
FOUR JUDGES GIVE HIM A BIT OF THEIR
EXPERIENCE
Az OPEN LETTER OPPOSING THE ESTABLISH
MEST OF A FOURTH PART OF GEN-

MENT OF FOURTH PARl OF
ERAL SESSIONS.
Tho following letter In relation 10 District Attorney
Nicolps bill FOR fourth court Of General Sessions
was made public by tho Judges Yesterday;
Hon. Do Lancey Nicoil. Dlsrct-Attorney.
Dear sir In reply your Letter submitting drafts Of
proposed dividing this court into four part~. presume
you opinion tho sdysabilty Of such
enscmens and beg 70 inform that we have given M
subject careful consideration and have reached
conclusion that the present condition Of cmina! bus
th. county does not call IN our judgment for the
establishment OF an additional part
Indictment. may havs accumulated in he Dstriot.A'
torneys ONCE. but no. because Of any h.uhcisncy OF
courts In which 70 dispose Of thsI.
You have been but short time 10 your present post
ton and wish TO give you the results OF our expert
snce, believing. from knowledg" Of Won that when
your attention Is called TO evils resulting from system
which YOU IN sense responsible You VIII IN.
lsayor b. remedy them 10 the fun your power
II Is a matter Of public notorley tina, the courts al
ready established have heretofore frequently adjourned
much earlier than 10 proper, and frequently bHoFe III"
reached because Of tho announ'cment OF the
Assistant DsctA.,orney IN charr. tina. he has no fur
Their business ioE today.
Moreover great amount Of time is consumed oy the
Assistant DlsctAttornsys In consultation With "itnes,s
In tho courtroom. while the prs'dng Judge and Jurors
serving In the several parts compelled 70 alt absolutely
lds una the prosecutor obtains such Information I'n MS
witnesses a. will enable him 70 move case
We think this OF great del'y and no tu
annoyance might be avoided By the attendance II tIe
Assistant District. Attorneys hour catlirr N th'
morning work Of interviewing witnesses might
~ completed ond the prosecutors BE- ready, al other
lawyers generally to bogin trial Immediately upon
the opening Of court.
We would also suggest that larger calendars b. pre-
pared 80 tha, in the event adounmcnt' Icing allowed
for ptopqr reasons. Or psas OF guilty being entered b.
some Of the defendants, there may not bo comWct"
breakdown In the business OF tho day ana as consequence
the expensive machinery Of the count rendered ut"lt-
You will nots I'm this connection that jurors IN the
criminal courts receive per diem conpcn,'ton ard tha
the county is thus put needless great expense through
no foult tn. Jurors who are present and ready 10 serve
or Of the court but for tho sole reason that shc-nt
number OF caas have not been prepared
Under these circumstances we do not think that an
additional par, should provided for with oil the at
tendant great expenses To the taNpyer' when By little
on part and the partiof the District
Attorney and his stan confident that the entire
docket be- speedily cleared by this court ~ 10 at
present constituted.
An additional part would the outset REQUIRE
the appointment a clerk, - 600 senogopher. $1,000
number OF attendant, at salaries Of $1,000 each and che
ummoning OF panel of 100 Jurors at cost to the
county Of .: per diem each together With the ShOrlH
fees for sumnoning.
To you in the beginning OF your administration "r wish
to give assurance that most anNOuS to afford al
proper assistance In the performance VI your on'rou-
public duties.
We propose 10 assign judge Chambers. where all
motions be heard Their than motions for continuance
% cause which must necessarily b" made in Iia CONS
wherein the action Is pending, ban taken, appeals from the
police and the Count OF Special Sessions be argued
applications regarding forfeited rrcoSniGances presented and
such other routine brhcS, disposed OF That now occupies
- much time in the trial courts.
We will also be only happy 70 extend the time OF our
daily sessions II you Will supply ~ with cases.
II after a foir effort made promptly and cnerIet-
cay % dispose criminal business It sHould appear
al part l. necessary. We Will then most
certainly recommend the requisite Legislation.
The new Criminal Court building viii he ready for
occupancy under stand In possibly little more tnn
4 year. and YOU apply yourself (GS We are confident
Won will to tn, porp: and vigorous prose uton Of al
offenders there nay be- necessity for change and. i
here should be- viii be- In position to STATE exactly
what b. required
For the reasons which have ct forth. We must
withhold approval % the proposed acts and We uus
that will regard views the conscientious e>-
preston opinions which have formed from ob'ef'a-
i'm ard experience. and with which In reply 70 your
communication deem H. proper that YOU should be
advised. We are, very respectfully. etc.
FREDERICK SMYTH.
Il. Il. MARITIME.
T.. D. COMING
JAMES FITZGERALD.