The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-17

had been decided upon by the appellate
court.
III you question the power Of this
court" replied Justice Hendrick to Mr..
B~romberger, TO admit Thaw to bail. II
that In seriously done, I will consider 1t
on briefs. supposed" continued Jus
tice Hcndrick. with rising infection, at
was conceded that I had the discretion
TO admit him to bailT'
That is not conceded" replied Mr..
Bromberger. stoutly.
1T is incredible" cried Mr.. Stanch-
field. with Are I'm his eye, that a man
ound sane by "A jury. declared sane by
your Honor after YOU have received
that verdict in evidence. that the mere
Ming OF Al appeal that I deliberately
assert will never be prosecuted should
act as a stay. I have no hesitation In
saying that the Acknowledgement of the
state OF New York never intends to
prosecute this appeal. and that the
record. In my deliberate judgment. will
never be printed for any argument or
appeal, because what, II your Honor
please, 10 there to DISCUSS In the Appel
late Division?
The Attorney-General from the start
has fought through every court In this
State the order which you made calling
In a Jury to assist In aiding you coni
science In arriving at a conclusion OF
this matter. and the Court Of Appeals in
turn has held that you had the right In
the circumstances. and II was a prope
exercise OF you discretion to call In a
Jury to aid your conscience in arriving
at n conclusion.
w have taken testimony here cover
ing three weeks. Your Honor has been
SO impressed and moved by the dignity
and the high character and standing Of
that testimony that you pronounced It In
giving your opinion as practically over
whelmins. Now in the Appellate tri-
bunal. question Is there to review 2
When your Honor had finished your ad-
mirable charge. 30 fair that the Deputy
Acknowledgement was moved himself to
get upon his feet and say there was no
exception TO be taken to tina charge.
there Is no legal question left in this
case. Can the Attorney-Gsnerai he held
here to say that the Appellate Division
would review the facts In this case after
this trial and after this result?
Charge Resented.
Now there Is no sitting OF the Appel
late Division until fall. and ~ this mo-
ton Is pressed | will have some very
serious remarks to make as to what
think Is the motive behind II. 1t WAS
agreed. and Mr.. Becker and Mr.. Coo
n ] talked here over and over again
the question Of the amount of bail that
should he furnished in this case. There
has been no dispute upon That PROPOSE
ton
What" asked Justice Hendrick of
Mr.. Bromberger. do you found your
opinion on that I have no power to take
bail?"
The Deputy Attoyney-Genersl listed
precedents which he thought covered the
question.
And IL the court please" continued
the Deputy Acknowledgement. Il resent
the charge made by Mr.. S%tanchheld that
this appeal has not been filed In good
faith. As late as yesterday | had a con-
versation with Albany and the appeal is
filed at the present time in the utmost
good faith. and it is with the entire idea
Of its being prosecuted that we nle these
papers"
There's no doubt about that" Justice
Hendrick FASTENED to say. The only
question here is the question OF my
power"
1t was here that Thsw gave signs OF
rising and taking a part in the discus