The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-12-26

Thumb With Red Hot Iron Over n
Kindred Years Ago-Many Famous
Cases Have Been Tried Before It-Begun
by Candle Light; Ended in spIendor.
New York, Dec. 25.-The court Of Oy-
er and Terminer, which in antiquity is
only surpassed by the court of common
pleas in this state, held it's last trial
yesterday. Its doors will be opened
only on the day after Christmas, when
Judge Ingraham will transfer all mat
tiers now pending before the expiring
court to the court of general sessions.
When the court is then adjourned sine
die, it will have ceased to exist, to give
place to Part 1. Criminal Term of the
supreme court. This, however, will be
but a change in name, since, like the
former Oyer and Terminer. this part Of
the supreme court will be presided over
by the judges of the supreme court, to
be used only for such criminal trials as
the supreme court elects TO try.
During this last week, the court OF
Oyer and Terminer, where usually none
but the most important criminal cases
are tried, has been held by Justice Pat
terson for the purpose of disposing OF
the excess of untried cases that have
accumulated in the criminal courts by
reason of the long protracted trials of
the sheriff and of the arson prisoners.
Thus this court has once more proved
its title TO the ancient name, Court OF
Oyer and TeTminer and of Goal Deliv-
cry by which it is designated IN its
earliest records.
The last man to be tried and sentenc-
ed last night was jeremiah Dermody,
who was indicted for assault and bat
terry on the charge of biting policeman
in the thumb so as to disfigure that
finger. When the jury brought in its
verdict Of guilty, Justice Patterson
promptly sentenced the young man to
-four months in the penitentiary. In
discharging the last jury Of the Oyer
and Terminer the old judge spoke feel
ingly of the long and honorable record
of the court and compared the magnifi-
cence Of its present furnishings and fire.
scoes to its humble beginning in a can
dle-lit room on Wall street more than
hundred years ago. The court crier
for the last time then uttered the old
French cry of "Oyez, Oyer, oyeZ." from
(which the court derives Its name, and
the court was closed.
When Justice Patterson spoke Of the
courts creation a century ago, he had
IN mind Its creation as a state court
AS matter Of fact court of Oyer and
Terminer has existed in this city more
than two hundred years.
In 1865, one year after Peter Stuv-
SAINTS capitulation of New Amsterdam,
the duke of York, to whom the territory
had been ceded by virtue of a patent
from Charles III. of England, through
his father-fn-law. Lord Chancellor CIar-
endon. promulgated what was there
after known as the Dukes Law" by
which court of general assiZes was
established as the highest tribunal in
the province. This court correspond
ingly, not to the court of general ses-
sions Of the present date, as might
naturally be inferred, but rather to the
court OF common pleas. which, like its
sister court OF Oyer and Treminer, is
doomed to cease, could be called at any
time by special warrant from the gov
ernor. But II capital offences had
beeen committed the governor and his
council were further empowered TO is |
sue a commission for a court of Oyer !
and Terminer, when ii was certain to |
them that more than two months would |
elapse before the sitting of the court of |
Assiez.
According to Judge DAILY, the his |
torian of the common pleas, however, |
such courts of Oyer and Terminer were |
tnfrequent, but two instances of the sit |
ting of such a court being mentioned in |
the records. The first event calling for !
the commission of the court of Oyer and /
Termirler according to the same author |
dty, was a series of riots which occurred |
at Kingston. The Dukes Law" which |
was based entirely on the English con- |
stitution, with little or no regard to the |
Dutch laws already in practice. made it /
capital offense, fit for the considera- |
tion of court of Oyer and Terminer,
and punishable by death, for ANY per- /
son to deny the True God or his attri- |
butes," for an Indian TO "pow-wow or |
perform outward worship to the devil" |
or for young persons over sixteen years |
of age to 'Smite" their father and |
mother, unless forced thereto in self |
preservation. This last crime, how
ever, was only punishable by death if
the charge was preferred by the father
or mother of the child
When the English evacuted New
York in 1873. and Justice Ludlow, the |
only remaining judge of the supreme
court, had TO remove himself TO Cana (
da, all of the judicial records includ-
1ng those of the Oyer and Terminer,
Were carried off by the loyalists.
SO IT comes that the present court OF
Oyer and Treminer is only able to trace
its records back one hundred years. and |
that Volumn is of its written minutes
is made 10 begin with thte so-called |
first session in the spring Of I7S4
According TO this venerable tome.
(which occupies the place of honor in the |
present brand new Office Of the clerk
OF general sessions Of over and Ter
miner. the first session was called in
the city hail. on Wall street. on March.
Is. with Justice Morris. Hobart the
mayor and five alderman sitting en-
banc.
The names Of many Of the grand jur-
ors still recall the days of Dutch settle
ment. to-wit: Francis Van Dyke.
Abraham Brinckerhoff. Gerardus Duy-
ckfnck. Peter Bryvanck. and the like
BY an odd coincidence the first case
TO come Before the court. as COMPARED
TO the last, which was tried last night
IS in itself a most striking instance Of
how the times have changed Last
night the culprit'S 0ffeuSe lay in dis
figuring policeman's thumb on that
first Judgment day of the court the cul-
prit. one John Cullen, who had STOLEN
a set of silver casters. after vainly hay
ing put himself upon God and the
country for trial. was condemned 10 |
be branded in the Drawn Of the left
thumb with the letter T. This was
done at once by the constable in the
presence Of the court. The poor man. |
so ii appears from the records OF the
court only escaped the gaIlows by pray
ing for the benefit Of clergy
To judge by the growing severity q
the sentences on that first judgment |
day. the court seems 10 have dashed it
self into fury. which appears 10 have
been in no wise softened by the re- |
sTraiIit OF sitting en banc.
Patrick Halfpenny. the next man TO !
be sentenced on that day. according 10
the records. having been found guilty
by the court and esquires commits
sioners or attempting - pass bad |