The Portland daily press., 1896-01-02
ITS CAREER is OVER.
Court Of Oyer and Terminer and
Gael Delivery.
IT WAS ESTABLISHED IN 1866 BY
THE DUKE OF YORK.

! ! Some of the History Of this New York
Court-For over a Century Gotham's
Criminals Have Been Tried in 1.-THE
I Court Which Takes Its Place.
'The Court of Oyer and Terminer and
of Gaol Delivery" th branch of the
Supreme Court of this county in which
important criminals have been Uried for
more than century, went out of exis-
tence Tuesday when the crier, at the di-
rection of Justice George L. Ingraham,
who has presided in the most important
criminal trials of the last few years., and
who is the son of a noted Judge of the
Supreme Court, following the form
that has been followed during all those
years, announced the final adjournment
In the place of this ancient and honora bic
court, on Monday next, will be opened
part l., Trial Term of the Supreme
Court, for the Trial of Indictments" to
preside wherein the Appellate Division
of the Supreme Court has appointed JUS
tloe Frederick Smyth, an able lawyer,
who was one of the organizers. in 1869, of
the Association of the Bar, and who for
many years was Recorder of this city,
and perhaps the most distinguished OF
the long line of famous Recorders.
The Court Of Oyer and Terminer' and
, Gaol Delivery, says the New York Times
was established in 1865, one year after
Peter Stuyy esant's capitalization of New
Amsterdam, by the Duke of York, to
whom the territory had been ceded, by
virtue of a patent from Charles IL. Of
England, through his fatt err in-law, Lord
promulgated what was thereafter known
as the Dukes law" by which Court
OF General Ass1zes was established as the
highest tribunal in the province. This
court correspondent to the Court of Com
mon Pleas, which, like the Court of Oyer
and Terminer and OF Gaol Delivery, goes
out of existence, and kcould D be
called upon Ito convene at any time by
special warrant from the EGovernor. But
it capital offenses had been committed
the Governor and his Council were fur
) Their empowered TO issue commission for
a Court of Oyer and Terminer and of
Gaol Delivery, when it was certified to
! them that more than two months would
elapse before the sitting of the Court of
, Assizes
The 'Duke's law" which was based
entirely on the English Constitution.
with little or no regard to the Dutch laws
already in practice, made it capital
Court of Oyer and Terminer and of Gaol
) Delivery, and punishable by death, for
'any person to deny the true God, or His
attributes" for 'an Indian to pow-wow,
or perform outward worship to the devil,
or Tor young persons over sixteen years
n fn faO hair fath
m other, unless forced thereto in self PEE
} seryation. This last crime vase punisha-
, bl3 by death only when the charge was
preferred by the father or mother of the
, offending child.
When the English evacuated New York,
in November, 1888, Justice LUDLOW, the
only remaining Colonial Judge Of the
Supreme Court went to Canada, and
all of the judicial records. including those
of the Oyer and Terminer and of Gaol
Delivery, were carried away by the Eng
fish. Consequently, the record of the
Delivery extends back only to the 18th
of March, 1884, at which date the first
book of record of the court, marvellous
} specimen of clerkly handwriting and
durable binding, WIS opened. The first
session of the court. convaned as a State
: 10, 1884, in Federal Hall, in Wall street.
, Chief Justice Morris of the Supreme
Court, Associate Justice Hobart, Mayor
James Duane, who took the oath of office
in February, 1884, and five of the seven
newly elected Aldermen of this city pre-
sided, and the prosecutor was the Attor-
ney General of the State, who is referred
to in the record as ''Mr. Attorney Gen
t eral. "
The city was divided into only seven
! wards, and its population was barely 90
600. The courts sessions were held in an
almost bare room, and extended into the
night, candles being used. In strong
contrast to this frugaIity of surroundings
is the place where the last session of the
court will be held today. This is fine
court room, certainly the finest in the
United States, study in blue and gold
decoration, enriched with mural decOIa-
ton OF high order blazing at dusk
with electric lights. and guarded by many
officers in uniform, bearing the arms Of
the State upon their brass buttons.
Clerks of the Court of General Session
have always acted as Clerks of the Count
of Oyer and Terminer and of Gaol Deliv-
cry as well. Following this precedent,
the Appellate Division of the Supreme
Court has appointed as Special Deputy to
the County Clerk of this city, and as
signed to duty as Clerk of the new Part
l., Trial Term of the Supreme Court for
the Trial of Indictments" John +. Car
roll, Clerk Of the General Sessions, and
| Nlilld1i N. Ienuey anu hoHry WelSD,
Deputy Clerks of the General Sessions, as
his assistants. Mr.. Carroll was appointed
a court attendant in the General Sessions
by former Recorder Smyth fifteen years
ago, and has gone through successfully
Clerk Of the Seventh judicial District
Civil Court, Clerk Of the Special Sessions
and Clerk of the General Sessions Mr.
Penney and Mr.. Welsh are able and ex-
perienced clerks.
At the opening of the new court on
Monday District Attorney Fellows will
represent the people, assisted by two
members Of his state, Assistant District
Attorneys John Il. Mcintyre and Forbes
J. Hennessy. 1t is expected that the now
court will be devoted entirely to the trial
of the more important criminal cases,
such as homicide. There are awaiting
the disposition of 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 Distict
Attorney for the opening day, and which
ever of them is ready when Justice Smyth
takes his seat upon the bench will be
called first. They are the GASES of Michael
: MCGOWAN, who shot and killed Rose
Finn in Nintn Avenue; Michael Con-