New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-05-20
HOT SHOT FOR MIR. NICOLL.
THE RECORDER DELIVERS A BROAD>lDE
rERs1srr 1T NEGLIGENCE ~ THE DISTRICT


ATTORNEYS oFFICE-PUBLIC TIME WASTED
Goaded by the continued negligence Of the District
Attorneys Office in falling 20 prepare business or the
Court OF General sessions. Recorder smytt yesterday
smoke a sharp criticism u the aNity Of the methods
Of De Lanccy NlcoIls staff on Wednesday Part III
0, the court, where the Recorder is sitting mad 70
adjourn AT IL 40 O'Clock having disposed OF all tie
business before IT, There were sixteen cases on the
calendar yesterday but at II 10 0clocR quarter Vi
an hour after the session began. Assistant DISTRICT
Attorney Vernon " Davis Ind TO announce that thcrc
WIS nothing % occupy the time OF the court. ohc
trial-that OF Herman Denby, accused o. arsol-had
been postponed unt noon. and not one o. tie Quiet
fifteen could be begun. In some instances the prose
cutting attorney had recommended the dismissal OF
the Indictment in Others the witnesses Tor the People
had not been summoned
When Mr. Davis made the statement the Recorder
said: "Ths IS another exhibition. Here Is cachuar
OF sixteen cases OF which not IS ready Tor trial.
VIII you go upstairs. Mr.. Davenport, and ask II thcy
will reserve any cases for us which they may not
reach 2"
J. p Davenport the clerk, went TO Parts ] and
H. bnt could get no more lie told the Re
corder So "wn yOn get an affidavit Of service OF
subpoena and will issue mn attachment said the
Recorder to Mr.. Davis. There silence for half
an hour. Then Mr.. Davis handed up paper. The
Recorder examined 1t and said "This affidavit Is
manifcStly insufficient. Somebody ought to teach
these men how to prepare afdnvIts The motion for
an attachment Is denied"
Minnie Peters then pleaded guilty to keeping dis
orderly hons; at No. 100 thrystlest. She was
sentenced TO three months In the Pcncniiary There
silence again for time. At noon DenbS's coun-
eel announced that his client was out serving sub
poenas. Tie defendant not in court fifteen
minutes later 20 Recorder Smyth issued n bench
warrant for his arrest and declared bis ball forfeited
Then Recorder smyth said
Now. then. Il appears from III" calendar to-day
that there were sixteen for trial. The District
Attorney bad ample time for preparation by having
his witnesses subpOenaed and In court Two aidaviiS
have been produced herr Of On" service Of subpOcnas
upon witnesses, which mnuifestiy insufficient and
show tla. no proper effort made 10 obtain tho
appearance OF the witnesses on the part o the people
Some four five which appeared on the calendar
dismissed on motion Of the DistrlctAtoihey
himself for the Endorsed upon the back OF the
papers II concusvey shows that II these cases had
been examined before they were placed upon the
calendar, the public time would not have been taken
up. and a false appearance. far rs the number OF
In which the people were ready for trial Is con
cerncd would not have been presented upon tho
calendar Of this court. Some four or five OF those
cases are ones I'm which the DiSHctAtorncy himself
certified that he had no case against the defendant,
and upon his motion the defendants were discharged
Now this Is not proper way 10 conduct the public
business and every occasion that IL occurs shal
deem ~ my duty to call public attention 10 1t.
Gentlemen OF the jury regret very much having
kept you here for an hour this morning awaiting
some business You attend here for the purpose Of
q duty imposed upon yon by law. lou
oucht not 20 have been brought here unlees there was
some business for YOU 10 attend to- regret {" have
70 MAZE this statement. but certainly shall not sit
here and permit tl, kind u conduct 10 be INDUCED
In without at nst protesting against II. sent mp
stairs to the oti,ar brinchc, of the court and find
the same state Of affair rNisng there. a. none ~
them have any mos. ,a.,. ~ hand than they can
easily dis pos, of to day Yet ar Informed tha'
ihrr~ &, such vast amount Of criminal business ia
be ATTENDED 10 here IN thi- cOuaty that the courts
cannot handle II without having au extraordinary
sion Of the oyer and T"rmincr ordered for III" pur
bose Of dspO,ng OF hi, public bushes. The greater
norton OF the present term OF this court ha, been
occupied comparatively speaking. In doing nothing
.ralnly not more than dozen ~ twenty casts haVd
sen tried while all the other, have been diNpo'"i o.
y d mi ,als mainly on motion 81 the District Attorney
himself You are discharged untll II O'Clock to |
morrow moIrng.'
Al IL 30 o'clock Assistant District Attorney Robert
Townsend announced 90 indc" Fitzgerald IN Part |
If the court that there va, no more bu,ine {" |
transact TIE Iudg. aid 4 cOugsaiuntc ~" jury |
m fh,. lack Of case. II enable them 10 hay"
,Lort session and to attend TO- their own hu -n"-..
also congratulate the puhic b+sans" II j. evident
has Do,vith sanding tha large amount If ialk lately
about th, increased criminal bnencs, ana The h''
,ity of additional court facilities. Their" m",t Dc |" |
,t,nrrey youd provide sufficient business to Keep III"
'our engaged In its regular honr~' nave ~ '>''''
hat 49,. -, 4, |
,dcnrn nj 10 O'Clock altn Tor lack y bn lnc-~.
D.ttict Attorney Nicol was not Al h, office y'strr
iay. a. his wife CAV" birth to a son