New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-12-31
ANOTHER COURTS HISTORY ENDED.

York" passed out OF existence.
ANOTHER COURTS HISTORY ENDED.
rt,v co,pr OF .oyER AND TERMINER AND OF
GAo1. DELIVERY" CEASES TO EXIsT TODAY
"1he Court OF oyer and Terminer and OF Gao
Delivery" the branch of the supreme court Oh 'nis
county In which impo rtant criminals nave peeh ''e
for more than century goes out ci existence w
dav. when the crier, at the direction o. justice
l,oorre I Inprshar-who has presided In the most
innoran criminal trials Of the last few years ana
who Is the son of a noted Judge of the supreme
Court-following the form that mas peeh Ioi
lowed during al. those years, announces 'ne "i"
adjournment. In The place OF TINS ancient anu
honorable court on Monday next VIII he opened
part / Trial Term OF the Supreme Court. foT inc
Trial Of Indictments to preside wherein the Ai'
pelate Division OF the Supreme Court mas appo"''e'
Justice Frederick Smyth one Of the ORGANIZERS IL
1869 Of the Association of the Bar. and for many
years Recorder of this city.
The Court OF oyer and Terminer ana OIL rao
DaI,verv'' YVES established in 1865. one year ai'e'
Peter Stuyesant's capiiulation of New Amsterdam
bv the Duke of York, TO whom the terrtor! nav
been coded by virtue of a patent from 'ha'IeS "
of England through his father-in-iaw' iord man
ceI,or Clarendon The Duke OF York promuIga'eu
what was thereafter known as the Dukes Law,
bv which a Court of Criminal Assizes was estaO-
rshed as the highest tribunal in the province. ms
court corresponded to the Court OF common f'''
which like the Court of oyer and Terminer ana
Of Gao Delivery" goes out of existence to-day an"
could be called upon to convene at any t'he ny
special warrant from the Governor. But II cdp,'a
ofsences had been committed. the Governor and MS
Council were further empowered TO issue CON"
mission for a Court Of oyer and Termner anu VI
Gaol Delivery, when il was certined 10 'he'n '""'
roro than two months would elapse before the sit
ting of the Court of Assizes. The Duke = Law
which was based entirely on the English Consu'u-
ton with little or no regard to the Dutch laws
already in practice. made II capltal o"e"Ve, IL
for me considera ton of Court or oyer anu Ter
miner and of Ciaol Delivery, and punlshape pS
death for ANY person to deny the true GOD or
His attributes" for IAN Indian TO pow-wo" or
perform outward worship to the devil OF TOT
young nersons over sixteen years of age to "smite
their faith and motNer. unless forced thereto III
characterization. This last crime was punshapie
nv death only when the charge was preferred by inc
father or mother OF the offending child. When the
English evacuated New-York in November l"".
Iustica Ludlow the only remaining colonial
Judge of the Supreme Court went TO Canada ana
ALL of the judicial records. including those OF 'he
over and Termner and Gaol Delivery were car
ried away by the English
Conseouently the record Of the Court of oyer and
Terminer and of Gaol Delivery extends back only
70 March 15 1854, at which date the first book OF
record of the court, a marvellous specimen OF
handwriting and durable binding. was opened Inc
first session Of the court convened as a STATE to
in Federal Hall, in Wall-st Chief Justice Morris
Of the supreme Court Associate Justice of a3 ic
Fe5ruary. iss4 and five of the. seven newly elected
Aldermen Of this city pr1s nS aH sta ae Who r
ferred TO in the record Mr.. Attorney-General.
The e' city was divided into only seven wards and
,ts ponnlation was barely 10000 The courts ses-
sions were held in an almost bare room ana eM-
confrast TO this frugaty of surroundings is the
place where the last session of the court VIII be be
h tSd enest in the Tinted States study in blue
and gold decoration enriched with mural d feca
lights. and guarded by many officers In uniform
bearing the arms of the State upon their brass but
Clerks of the Court of General Sessions have al
Tayn aGe and a. of ao Delivery as we'll Following
this precedent the Appellate Division OF the Sn-
he County clerk of this city. and assigned to duty
a. clerk Of the new Part I, Trial Term of The
F. tCarro clerk Of the General Sessions and viii
lam II. PENNEY and Henry Welsh; deputy, clerks cnr
roll appointed q court attendant in the Zen
eral Sessions by the former RECORDER Smyth htteen
SeUnnth judicial District Cvil Court. clerk OF the
Specal Sessions and clerk OF the General Sessions.
Mr.. Penney and Mr.. Welsh are able and experienced
At the opening Of the court on Monday. Dis
trct-Attorney Fellows WI represent the people.
District Attorneys John F. Mcintyre and Forbes
J. Hennessy. 1t Is expected that the new court will
.snt &c criminal cases such as homicide There are
awaiting the disposition or the court thirty cases
OF murder In the first degree and fully twice as
many cases OF manslaughter. Three cases are set
down by the District Attorney for the opening day.
and Whichever of them IL ready when Judge Smyth
takes his seat upon the bench will he called first.
They are the cases Of Michael MCGOWAN. who shot
and killed his sweetheart Rosa Finn. in Ninth
ave Michael Considine. who shot and killed Michael
J. Malone in a quarrel at Broadway and Twenty
sixth-st.. and who the celmate OF ex-lnspector
McLaughlin during the atter's COMPLEMENT in the
Tombs and William +. Lennon the builder Of the
Orchard-st. tenement-house which collapsed
Gently and killed several persons