Year: 1879

During the session Of the United States Circuit
Court yesterday Judges Blatchford and Choate took
seats with Judge Benedict and then official notice
was taken in regard to the recent act Of Congress
to criminal trials in the United States courts Judge
Blatchford said that the court met with the three
judges authorized to hold criminal terms with the
view of making the announcement growing out of
the act of Congress authorizing writs of error in
these from the District the Circuit Court.
Where the sentence fine and imprisonment or
fine exceeding $500. Judge Batchford said that the
statute authorized exceptions to be taken in the Dis
trict Court, and if the Circuit Court Judge was ap-
piled to within one year on the bill of exceptions it
laid within the discretion of the latter to grant the
writ of In of afirmance of the previous
Judgment final sentence would be pronounced; if not
the Court could order tho to be tried de novo
In the Circuit Court or sent back to the District
Court. It would seem, he said that this would re-
quire that the should be originally tried in the
District Court; but in this district it would throw
too great burden upon the District Court Judge.
In conclusion he SAID that they had special system
in this district by which Judge Benedict OF the Dis
trict Court, had heard criminal in the Circuit
Court, and they had sought to find to
court in which the are first tried. The rule
which they had determined upon for this purpose,
II sney saongr . WIN give not to Dc ro%nd
che entry OF the following order:-


For the Of seeming d right e to defend
United States for the Southern District OF New York,
hereafter in all such where the defendant shall
within three days after conviction file motion for
trial upon exceptions taken at tho trial motion in
arrest OF Judgment sentence will be deferred until the
next criminal term Of the court in order give
tunity for the hearing of motion before court TO be
composed OF the Circuit Judge and the two district judges
authorized by law hold tho SAID of said
States


The Court will sit for the purpose Of such hearings
provided for In section 65S Of said Revised Statutes
will be had upon the minutes of tho settled
by the Judge who tried the Tho minutes settled
shall be printed by the moving party and copies thereof
shall be filed before tho first day Of the
quent to the which the trial had which
copies shall be delivered to the District Attorney
quest failure file such copies will he deemed
donment of any motion of which may Ia yo been
given in pursuance OF this rule.


Assistant District Attorney Fiero states that this
order will increase the business Of that Office more
than twofoid, as he believes that hardly ndict-
ment will DC found or ruling made upon which cx-
ceptons will not be taken. This outlook, he says is
not pleasant in view Of the fact that in ncrcas-
ing the work of the Office Congress has at the same
time seen at to reduce the salaries Of the officers
upon whom this increased work will fall He re-
MARKED however, that there could be no adverse
criticism to the fairness of the act the
fendant had every opportunity for the fair trial at
present offered in the State courts.