The sun., 1897-07-23
GOV. BLACKS NO TO oLCoTT
NO EXTRAORDINARY TERM TO TRY
TOBACCO GASES AGAIN.

Reasons Onsred at Length by the District At
torney with His Appiication--GoV. Black
Says He Sees Nothing In the Gases TO
Sustiry the Inconvenience nnd Expense.
When tho jury impanolled to try James b.
Duke and nine other officers OF the American
Tobacco Company for conspiracy under the
Antitrust law disagreed In the Criminal Branch
OF the Supreme Court District Attorney Olcott
declared that he would try the case over again
as soon as possible. The summer vacation came
on and tho court adjourned. Yesterday District
Attorney olcott made public tho fact that he
had appealed TO Gov. Black to convene an ex-
traordinary term of the Criminal Branch Of the
Supreme Court to try tho defendants. Gov.
Black refused. This Is District Attorney Oh
colts letter to the Governor. dated July 8:
He Ercsliency FHank s. Biaok. Governor.
SIR; Confirming my request mado orally to
you yesterday, have tho honor of requesting
that you call an extraordinsry term Of our Pert
l. Of the Supreme Court Criminal Branch) for
the third Monday of the current month for the
purpose Of tue retrial Of the indictment pend;
Ing in this. office against James B. Duke and
nine others for conspiracy.
As you are aware, a mistrial was had Of this
COURT OF General Sessions ''f This proeeedns oo
cupied three weeks OF that courts session. and
u q proper to state that tho Jury. after being
bility of agreement, and that 1t was generally
known that they stood ten to two for the con.
which this application Ia based are follows:
First,It is generally deemed By the Judges
trial during either this month or the month Of
August or Of September In our Court Of General
Sessions for the reason that two Of iIs parts out
needed for the trial of prison cases in order that
legally presumed to be innocent, may not su Her
Imprisonment for an unusual period prior TO
Second-To delay tho trial Of the Duke case
| until October would, in my Judgment be proju-
dicial to tho interests OF the prosecution for a
number of reasons, among which may ment tion
the following lel The greater efficiency and bet
ter equipment Of this office for the trial of the
the first trial are more easily adduci6ie than
may DO the case after long delay; ih) the ur.
an immediate and final determination. impor.
tant as the case is In every aspect, and especially
% the 5 hss
| general, well-estab ablshed, and, in my Judgment,
| proper precedent Of speedily retrying case o!
Justice have been temporarily defeated by a
failure Of agreement on the part Of the jury
granted the i'll effects of a four months delay
will have been caused solely BY the fortuitoul
OF Of the ne msra having occurred
our courts; te) The especial difficulty which
hpprehend would exist in obtaining convic
and Importance; a diificuliy which would rest
in spite Of what deem to be the competency
et that we Should @ Spn Be e'H1'i n the ds
OF heated eampaign, and that the learned
urge with more effect than they did upon the
first trial that the indictment was being prose
not SO much from popsr and Gcs b
popular approval for his party.
With regard 10 this last reason need moi
state to you that ] have no personal hesitanc,
about it, because should endeayor u maze |,
apparent as it vii be fartual, that this Office il
simDls RttemUtiIn ,liSgl1rRe its duty in
necessary and proper oflcial ,nRnner: but Il is
fact that fear that the ingenuity Of co e9unsa as!
that the prosecution was not Jeing presented
with an eve single to public interests. with IA re
suit that we might be aSnin ronfrJ'tcl with th
expense and disaster 81 a nis,rid.
am not unmindful that thore may be som
an extraordinary term for the above.stated pur
pose. 1t may be that the motives which at enc
OF overzeal for personal. and, therefore. i'm
proper purposes: but cannot allow that posi-
billy to deter the making Of this application
at the expense OF extra labor on the part of on
progress the public business OF this ofrice /,
order TO relieve the congestion of the 0ctobe
court calendars. which would surely and detr
mentally occur from this mlstrial II circun
stances force us to wait until October for the re
trial OF the case referred to.
| There Is n recent precedent for calling an eS
traordinary term OF the Criminal Branch OF tn
Supreme Court inasmuch US in the fall OF 1Ss
such extraordinary term was convened by h
Governor for the purpose of trying the polio
cases. indictments in which were found as tn
result of the Investigations of the Senate IL
| vestigating Committee. have the honor to b
very respectfully and faithfully yours.
| w. NJ. X. OLCoTT, District Attorney.
| This is Gov. Black o reply, dated July IA:
Hon. ". N. n. Olcott. District Attorney. Ne~ Yor
! Cifu
DEAR SIR: have your letter OF the 9Th r,
qucstng the appoi intment OF nm extraordinar
criminal term in the county of New York for III
rctrial Of the indictment pending against Jane
| IL. Y. 1
docs not seem to me to be OF such a charact,
as to Justify the Inconvenience and expense
an extraordinary term at this season OF tn
year. II seems that there will be "a regular crI
soon after the vacation. at which the case ca
he tried. and do not think that tho circurI
stances warrant executive interposition nov
| Very truly yours, FRANK ). BLACK.
| THE C1rE nr u1Tnp nU.u