New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-21

JUSTICE BARRETT
49, ,crobon, in the Supreme Court. yesterday
JUS, ,hc order OF Justice Pratt. of Brooklyn.
aen,,,g 4 stay in Inspector Mclaushlins case
"a donle1 the motion of the Inspectors counsel ior
horce Of venue. The new trial was'beguA IN 'He
Court Of oyer ana 1eii''''' '''e '
yesterday afternoon
c,rogate Rollins opened the argument before
,1,,ce 1ngraham instead Of District-Attorney Fe'-
,oas who. he stated had been called to Albany
xrectellv He contended that though counsel
w. tbn defence had gone to Kings County with an
an,,cotjon for change of venue. they had no right
H =, :, and the Justice there had no right TO
ar, the order as an application for change of
sr,e could only be made In the county in when
tho trial Of Mclaughlin was held.
Mr. F,xus representing Colonel +. c. James. in
,sn,v 70 Mr. Rollins. read long list of objections
90 any proceedings being taken by the Court. In
which he contended that the Supreme Court had
no Jurisdiction
Justice Ingraham said that the argument that the
Supreme Court had no jurisic was frivolous
Then Mr. Elkus asked for adjournment.
Il ask Your Honor" said he. "for an adjourn
ment as Colonel L. c. James. the senior counsel for
the defendant is engaged in a case in the Court or
Appeals"
MOTION FOR ADJOURNMENT DENIED.
Justice InCraham in reply said that the business
Of the county could not be suspended because Colo
mel James was engaged in another court lie SAID
4 charge Of venhe. and was endeavorng' 1t seemed.
"a compe the Dstrct-Attorney to put off the trial
until the fall.
Mr.. Elkus then read affidavits from Colonel James
requesting that the hearing on the motion for
charge OF venue be delayed in order to give the de
PENDANT a fair chance TO prepare his papers
An AFFIDAVIT from Inspector Mclaughlin praying
for a delay was also read
Judge Ingraham said. referring 10 the allldaVi's
Of Colonel James and Mclaughlin:
$50 far as Colonel James and the defendant think
that the administration of public justice Will not be
interfered with by the trial being adjourned m
definitely or at least until the fall. as would
be rendered necessary II the application were
granted know OF no other defendant that has peen
indicted that had an idea that the aunlihisia-
ton of public justice would be aided by his trial
and punishment The people who are Interested IN
the maintenance OF the law and the punishment OF
crime are apt to think differently.
Judge Ingraham paused moment ana theh s"'u
10 Mr. Ekus: Nothing further 10 say, sir? Law
yer Elkus replied: Il have stated all have to say
.vo,binc further" said HIS Honor. Then. under
,ba circumstances the defendant having failed 10
bring the motion or to offer an argument. the mo-
ton is continued and the stay is vacated.
Mr.. Elkus took an exception Mr. Rollins VINO
was beaming all over. said: Your honor s'a''' Jul
motion"
THAT has been granted" said Judge 1ngraham'
"and Tho motion Is directed 10 be heard and the
counsel for defendant having stated that ne refuses
10 bring the motion on for argument under my or
der | direct the motion TO stand denied
THE NEW TRIAL OPENS.
The doors OF the Court OF oyer and Terminer were
thrown promptly open yesterday afternoon al
O'clock A big crowd had collected in expectation OF
witnessing the opening OF the second trlal OF III
spector Mclaughlin.
\ fresh panel of 80 talesmen had been summoned
for the occasion Contrary the usual custom, the
talesnlen did not take their seats in court Ihey
were escorted the jury-roon OF the court ana
we're not allowed in court, This indicates that ex-
iraorGnary precaution will be taken this time 10
keep the talesmen from being interfered with
Inspector Mclaughlin was on hand at the APP
pointed time. lie looked triile worn and hasgard'
as If the strain was telling him.
Mr.. Rollins began by reading part OF the recoiu
OF the last trial in regard 10 the election OF 'he
Court in which the defendant was to be tried.
He made motion that the defendant be held on
the fifth Indictment. that Of extortion.
Mr.. Elkis then called Justice Barrett's attention
10 the iaci ina, judge Pratt had granted say On
object, sad nS i yo me s% wbo H
any jurisdiction" Justice Barrett directed the
stenographer 10 add Justice lngrahams order 10
the record. \ certified copy OF the order was in
court $500 ,, =,
cause OF Colonel James's absence. This was de-
MED. and the examina ton o: taesmen was begun.
copied proyisionally David P. Miller. clerk No.
as Broadway, took the second in the box pro-
visionally Justice Barrett ;hen ordered the taes-
men TO be brought into court. ana instructed them
Court then adjourned until today. and the
two provisional jurors were taken to the Broad.
Friend & House, counsel for Inspector McIaugh-
in late Yesterday MEG d. IN me supreme Court
forcing Mclaughlin to trial AID refusing him a
change OF venue. Some lawyers think this acts
as 4 stay and Will stop the trial.
HORSES AND CARRIAGES. pr.I