New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-03-17
An 1NSBER From Mr.. NICOLL.
TELLING WHY HE DIsACREEs WITH THE GEN
ERAL SESSIONS JUDGES.

following reply to the letter Of Recorder onyih ana
Judges Cowing MARITIME and Fitzgerald. Of the Court Oh
General se>s.ons to him, in which they oppose HIS
plan for a fourth part Of General sessions:
In repy 10 YOUR communication OF March 0, respect
ing the proposed statute dividing the Court OF General
s.ss.ou, parts, instead oil uHec a' 10" 'oA
The suggestions which you have made with RESPECT
to econOmAng time in the parts u te Coru oi f a.
practicable. over fortnight ag0 maze an ouc, , io
quiriug witnesses to be subpocnaed Tor ~ no. br f
cal niar, t. attend in court at the earlier hour "a oluer
t~lt such consultation with witnesses a9 goeHeu c'c'
sdgy might be had before tile court opened A.,
IN cases where greater propagation Is necessary te
witness, are all examined in the DistHctAttorHcy
DAY. ' uor, t,i ten case, for each day Tor.
In uv Judgment, no assistant IN charge ol caIelluhr
can properly prepare in the time allotted to him. over
with Inevitable ,tponcmcnt, and unexpected pleas,
f; T. possible that inc cay calendar may 9e Gi'pDTu Va
once u while before ne usual ho4f OF aJ c li'm
,.,..c.,. of al courts. and affords no criterion OF
,. rI,rt # I1d,po>'d business in my ONCE. any
,' ,.,', 80. t,.,4f,, ,lnu-u Of a calendar which
',l,r of That c,,!g l. not crowded with
At an events. il viii be my earnest cn1eaNoT I'd
prevent the breaking down If calendar from any
I,u.c Srd I tIuk that YOU viii agree that there
l, been very lile cause Of complaint on that score
during the t@O months ana Hail VI III! au'''i'''
notc that a, another means Of economzing time
I'm the Trial courts. YOU propose "a assign JuuEc "
chambers. TO hear motions ana appea1 ron h,gi c
roW occurl.', as you say. - much time In the thai
II the judg. 20 assigned had the power to trinsacs
any Great pant of the bu,ne,- indicated, 1t would nH
do1l.,Iy alnrl some relief the other terms. bat
o. carry uut tAl, valuable suggestion, j. IL HO'
necessary 20 divide tue oouil INTO Tour p.' ,. o,
ma, All 81 re- apul.cltiIn, which 1t IS proposed the
Judge assigned to Chamber, shall entertain nus p9
made 20 the court Wme lie may S1l and 10 the ya' Dolce
court, cannot be argued bcfor, mm, he cannot coz
sdrr application, regarding forfeited recogniLanCe,, ne
"A a.
entertain "A motion 20 LET aslHr an nun 49,,
-mi,, an Indictment for any cause or "a ms "t i
"A dr.,ndtnt. Doe clu1t. any term Il the court pelus
ia session. make order for the taxing oil teI',' h
coud.uontly or hear motion lol 20 mr.,
,,l,t h.,r a motion for a new trial or sla' 81 pro-
occdnc,. and. generally -pc,kns. cannot pass HpIm
IT, vlrou, Application, when are constantly "''u' :"
II -ccu- that all such applications are HPulIcu ,So
Do. mat. 90 TIE court. Must not the LAW G,yi'G T.o
olu. into i..it parts. In order Ia permit 'It !uHsI
whom ,ou pwpo" - a>,,n 10 sNi', T M cer1
.r,,,tir, tl.it voi may have overlooked TINS aus.
urrtlu have sent the bill dividing thc court ~
digestion, contained IN Your letter, the he'eS! lo'
Tie 49,, ' me-. NV p5prrca,ion Of the kind express
sion ~ confidence contained in Your letter. Whch /
heartily rccprocate. aud - Jay nat regret iat ns
all tsiyns to Pior inc pII IOy '
dc-ir, to bc discharged In your minus n IRON ,,o
or e. undertake TIE division Of your court INTO iu''heF
p'It' ",t'G 3 'me tine cannot witness the grat
accumulation OF case n this oih't VIII! inc i''iuV
/ f |
els. can be- and with the disposition oI Wi.nm ','
har.clbr without making an EFFORT In all direcuon9
t. obtain the tribunal n,'s',NI 10 r',L an ennmera.
on oi tn. ,.-c- pending {" ascertain now maaa r.,
NAMED uudPos"d Of and i11na it,' a.. roV0 mot
rruut.r. Excise complaints. 81 which there we're 3''Ool
| whcr,. the defendant, had given bail MN.
| When / -et about t. attempt To procure 'ouI'
t, uudctlc the disposition oi some oI M tEt nov
| / va, Informed hy some of your number ulat V.ES
v'rc Willing t, hold fourth part II they hau '"o
power = dp ~" ,..,,. .,, Court int, =. many
part, a, there wee JUDGES seemed rom IN eHi ,nd
Hon Of me statutes. T. be- an oversight Tor iolu
part, held. the Court va, t ,nnnd"d when
three, uartS And Statut" WAS not iilchuVu NI''h
'"' AccoriIsly drew the bill submitted not with tne
pnrp ,r Of establishing continuous fourth part ot,
~ living the power IL the judges OF Your touIt ~
| hold 1t when in our joint opinion the pnbo I''e'''''
r'q'J yicw Of the fact that the Court of oyer and
T,rnucr viii probably sit three months year, tio
pr posed fourth part WOuld in no event SIT more IMAM
rio Heavy expense which YOU suggest in your letter
wouu Therefore Eot nee, DE- III, W., cost q,
300 \ clerk at the cost IF $500 did not seem 10
be necessary for the clerk Who now SITS IN w "u
T,r.urr hem that court i, in session. might ~ III
In, fourth part when it was in session ON us lp''
however n, wrote you. wish to defer to \oat NSWs,
| rio average iury fee for month In part 81 tuc
,nrl session, or, about III 300 80 that, II the louIu
pant should 1t four months year th'r a.c"t ~
would not exceed $1,000. There are no" low 1f
tnrl,u. assigned To duty in the thce part, OF inc
court. and / had thought th3t more NcIS uot Iii
/
Sometimes maintains eight parts Ia, only thirty thLee
attendants Ilut on this point also tIlIh YOU NH"3
| and mnt mine should control and am Informed mat
mo SAT-, custody of prisoners requires larger huhoo'
nf attendant, I'm the Court OF General S'N>l9lls' g.,
| ant i'm any event the cntip cost OF Nuch court,
ma nt,upd only folr five months cach YEAR Wouu
nnt much exceed $1,000 pet annunl, ana tiat hi>
| srrmrJ tn me "A small in attempting 10 WORK d
reform of a system OF administration % cilhlHhH INV
wbrr, n man who is in prison is tried promptly Dni
man who gives bail is in five cases ont OF tcI evh
discharged Ly giving H. had hoped t. bring about IN
| lime i'm hi, city a condition whete man VINO ~
reason 1f wealth or influence. Is able to give Dan VIII
have mo- rtirr chance in courts and VIII he tHeu
| n, prompty a the man who Is In prison. o.. 49,,
| since have been In Office have received GOT pIson
c,.r, and have disposed Of 1DG have also nccNea,
lu6 Lail eases where the defendants nave gwen paul oi
| which | hive disposed Of only 80. Ana surely tlc
trrr parts of The General sessions have been very
| thoroughly occupied ,..,u, =, ,,, an
II il nv earnest desire. long entertained, 10 put an
| end tn such an unequal administration OF law mar
| tnu.t br my excuse for what YOU may consider eN-
crs,yc zeal upon my part, or possibly may egaM as
! AN invasion of your preioeatlNe'. 4 l., ,,. u,,oro
| That | a,,ur, You, have no wish To. do any more
| than AS | believe you have to cncroachNron mine.
| beg TO assure you, moreover that ~ Is not my
uurpo,c 10 make any contest In the Legislature over
Inc hin in question for conceive that my rSpolsl-
bity will have ended whcu shall nave Uought tlc
facts as | understand them. 10 the attention ol u'c
| court, the Legislature and the Executive.