New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-02-17
NO NEW COURT NEEDED.
BUT GREATER DILIGENCE IN THE DIS
TRICT-ATTORNEY'S OFFICE.
PLAN TO SADDLE ADDITIONAL EXPENSE ON
THE TAxpAYERs-EAsY- GOING METHODS


IN GENERAL SESSIONS.
The frequently repeated statements emanat-
ing from the District-Attorneys office that there
are not sufficient judges and courts to transact
all the criminal business of the county are in
dications of another concerted attempt greatly
10 Increase the expenses of the city government
without any ADEQUATE cause. Lists Of prisoners
IN the Tombs awaiting trial for homicide are
riyen to the press Assistant District-Attorneys
who are in the secret declaim loudly the iInpos-
sbiity Of bringing bail cases to trial, and every
one from District-Attorney Fellows down. JOINS
in the cry for additional court facilities Inose
who are familiar with the real state OF aifairs
in the Distrct-Attorneys office and the Court OF
General Sessions know that there is no founda-
ton for these complaints, and the true cause OF
the attempt to impose upon the public is known
to many Of the officials. There are, in fact, few
prisoners awaiting indictment anc trial whose
cases could not be rapidly disposed of by even
show Of energy on the part Of the District-A'-
torney's office When the February Grand Jury
began its work there were only siXty-three prls-
oners i'm whose cases Indictment had not been
found and these had all reached the prison with
IN n short time before the Grand Jury met or
those under indictment there are some score OF
persons accused of homicide. but the record maze
BY Judge Jngraham last summer. when Assistant
ict-Attorney Mcintyre was the prosecutor,
shows that with a faithful. industrious Judge
and an energetic prosecuting attorney, homicide
cases can be disposed of RAPIDLY. Mr.. Mcintyre
at that time prosecuted about twenty-five cases.
and the average length Of a trial was about two
days In some of the cases pleas were obtained
of lesser degrees of crime Some OF the homi-
eide cases awaiting trial may be founded on evil
dence SO slight that the prosecutor. when he
mil ha evidence recon-
mend the discharge OF the defendant. The trial
Of the whole number of the homicide cases need
occupy only the attention Of q single court for
month or six weeks if the District-Attorney asks
for long sessions and the prosecuting assistant
works with energy and determination
1t is well known to many of the officials Of the
Court of General Sessions that there is an or
eanized attempt in the DistrictAttorney's office
10 prevent the rapid disposition Of cases. Such
remarks as these not uncommon: Il am
working too hard. 1t is 3 o'clock. Let's call ii
a DAVIS work have had word from upstairs
telling me to go slow. l had about ten pleas Of
guilty yesterday and that is too much Some
of the assistants would be willing TO dispose of
more cases if permitted &c do so. The assistants,
under tn. present order If things, try cases
slowly and frequently. when the middle of the
after con is reached. they will announce that
they need more time TO examine witnesses In
other cases, and will adjourn them, although
they might if they desired proceed 10 trial with
out injury TO the prosecution The courts meet
at 1890. but the recess for luncheon takes an
hour of the day. and adjournments are fIeque2t-
ly taken at an early hour. only about four hours,
or at most five hours. make UP the court day.
Adjournmcnts az or O'Clock are usual in some
of the parts.
INCREASES IN COURT FACILITIES.
A recent trial IN arson case occupied nearly
fifty court days. but most Of the trial took
place In a month in which the Judge was sup
posed to be vacation, Nttle of the regular time
Of the courts taken up An additional part
Of the court has just been opened, and there are
now four Judges regularly sitting in the Court
Of General Sessions all the time a number larger
than has ever before held trials in that court.
The number Of parts Of the court has been
doubled within ten years. and the number OF
Judges has been increased from three to i've
great relief to the calendars Of the court has
come from the enlargement Of the jurisdiction of
the Court of Special Sessions, and the require
Inent that all misdcmeanors shall be tried in that
court. except affidavit by the defendant that
he is innocent of the charge. The number Of cases
70 be tried Is little larger than 1t was few years
ago The Court OF Oyer and Terminer. which
was formerly only held twice in year. and the
eessions OF which We're usually short. is now un-
Ger its new name Of Criminal Branch of the Su-
prcme Court. held several months in the year 1t
may be held every month If the assistance Of an
outside Judge be secured but in any case il
gives greater aid In clearing the criminal calen-
dars than was the case several years ago. The
Judges who hold the criminal branch have had
long experience in the Court OF General Sessions
and for q large part of the time there will be five
branches of the criminal courts in session The
formation of fourth part Of the court was con-
sdercd by many criminal lawyers to be entirely
useless, and the addition Of q fifth part and an
Increase in the number Of judges from five 10
seven Is denounced as an absolute waste Of pub
lie money. The appointment Of new clerks, ste
nographersand court attendants would add 10 the
expense and make consderab bic additional bur
den on the taxpayers.
SUGGESTED SCHEME.
The secret influence which is at work in the
Distrct-Attorney office and other official places
to foster the belief that additional court facili
ties are needed thus explained by lawyer
who frequently appears in the criminal courts
1.-THE truth is that Judge Allison's friends cannot
become reconciled to mis- loss Of position. He has
many political and personal friends and large in
Nuence especially with the majority faction in
Republican party politics. His friends wish to see
him again on the bench and they believe that II
q new position were created he would be reap
pointed by the Governor and might be more sue
Cessful in future election. In order 10 render
his election sure. IT has been suggested that two
judges be added To the number sitting in the
Court Of General Sessions. 1t would then be pos
sible to make deal with Tammany Hall. by
which Judge Allison would receive one OF the
places and another would so TO Tammany Hall
lawyer, and the election OF both would be as
cured The bill would probably have beer intro
duced in the Legislature before the present time
81 II had not been 70. one difficulty which has not
vet been surmounted. II the appointment by tho
Governor OF two new tu iges were authorized, he
could hardly name a Tammany Hall Democrat
as one of the two. and IL 40 Republicans were
named both would dema-:d tho nomination by
their party at the election for the full term. II