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I had been anxiously waiting for Recorder Smith's decision, on the “motion to quash,” ever since the 15th September-nearly a month! I felt a dislike to interfere with him; for, to get anything done, I had been obliged to press everybody connected with these cases, and I had become tired. I, however, thought if he was ever going to decide the question, it was about time for him to do it. For until that question was settled, the trial of Carlin was as far off as ever. I wrote to the Recorder as follows:
JONES TO SMITH.
115 BROADWAY, Oct. 10th, 1855. Hon. JAMES M. SMITH, JR.,
DEAR SIR : On the 15th ulto., there was an argument before your honor, in the case of
As I am the complainant in this cause, which involves a principle, in my opinion, of great importance to this community, I am anxious to know the result of the proceedings that have been taken ; in all of which I have been strenuously opposed since January last.
If you will have the kindness to inform me, by the bearer, if your decision has been made, and what it is, you will greatly oblige,
ARTHUR T. JONES.
Delivered to the Recorder, Oct. 10th, who gave me the following verbal answer :“That question I will decide on Saturday."
JAMES A. STRYKER.
JONES TO WHITING.
115 BROADWAY, Oct. 10th, 1855. JAMES R. WAITING, Esq.,
Dear Sir: Having waited long enough for the decision of the Recorder in the case of Carlin, I have just written to him; and have received this verbal answer :“That question I will decide on Saturday.”
Your most ob't,
ARTHUR T. JONES.
Not having had the pleasure to hear from his “Excellency” the Governor, since Mr. Busteed called on him, on the 13th September, (when, it will be recollected, the Governor said, that I “should hear from him soon about the matter,") I concluded it was about time to give him a reminder.
JONES TO CLARK.
NEW-YORK, Oct. 10th, 1855. To His EXCELLENCY, MYRON H. CLARK,
Governor State of New-York, DEAR SIR:
As I have no means of ascertaining your decision in the case of my complaint against John Orser, Sheriff of this county, except from yourself, I am anxious to learn what you have done with it. The reasons that I urged to your Excellency, in my letter of 24th July, to which I refer you, must be my apology for asking you for a reply.
I trust you will excuse any apparent anxiety that I may manifest; but when I recollect the great interest the public have at stake in this issue, and that the public prosecutor" is the “private counsel" of the accused, I shall not repress continued efforts in the right direction, for a check (I wish I could say a prompt one) to what I believe to be a great wrong.
ARTHUR T. JONES.
WHITING TO JONES.
Oct, 11th, 1855. A. T. JONES, Esq.,
DEAR SIR : I spoke to the Recorder yesterday about your case, and he apologized for the delay in deciding the motion; but promised me it should be done this term, I suppose my interview was before the reception of your note.
As he has promised his decision on Saturday, I suppose he will make it then.
J. R. WHITING.
On Saturday, the 13th October, I was in the condition of the boy who had played truant. When he came to school the next day, his master. asked him, “why he did not come to school ?" The boy replied, “I had to go a-fishing, sir.” I had to go " a-fishing,” too.
JONES TO HAYES, HINCKS, CAREY & CO.
115 BROADWAY, Oct. 12th, 1855. Messrs. Hayes, HINCKS, CAREY & Co.,
GENTS: The Recorder has promised to give his decision on the argument to quash indietment against T. Carlin to-morrow, Saturday, the 13th inst. Please report his decision and his remarks in full for me.
Your most ob’t,
A. T. JONES.
HAYES, HINCKS, CAREY & CO. TO JONES.
195 Broadway, 13th Oct., 1855. Dear Sir: We have the pleasure of handing you herewith, report of the decision of Recorder Smith, refusing to quash the indictment against Thomas Carlin.
per H. S. Hayes. A. T. Jones, Esq.
[Reported by Hayes, Hincks, Carey & Co., 195 Broadway.] COURT OF SESSIONS.-BEFORE RECORDER SMITH.
SATURDAY, 13th Oct., 1855. The Recorder rendered his decision on the motion to quash the indictment. He said :
In the case of “The People against Thomas Carlin,” which was argued before me some time ago, on a motion to quash the indictment, I have examined the precedents in the points submitted to me by counsel in the case ; and although I am not very clear on the question as to whether the indictment can be maintained ; yet at the same time the principle involved in this case is a very grave one, and under the circumstances I do not feel disposed to place it, by any decision which I might make, in the position whereby the question cannot be more fully presented. I shall therefore deny the motion to quash ; and the same question can be raised (if there should be a trial and conviction on the indictment) on a motion in arrest of judgment; when the matter may undergo a more full investigation.
I was rejoiced that this “stumbling-block,” which had been thrown in the way for the purpose of preventing the trial of Carlin, and which had been successful for seven months, was at last kicked out of the way.
If I understand it; the question before the Recorder was; whether the indictment was well found, and properly drawn up? I presumed that it was for a jury to say, whether the indictment “could be maintained ;” and that it was not for the Recorder to instruct, or intimate to, the counsel for the defence, what action they could take “ if there should be a trial and conviction on the indictment.” A Judge on the bench possesses much power, and has great latitude of speech, and it is a very difficult thing for a Judge, (who. has been all his life trying causes,) in charging a jury, or in the delivery of an opinion, not to enter into, and sometimes argue, the case. I think, however, they should avoid it as much as possible.
JONES TO WHITING.
115 BROADWAY, Oct. 15, 1855. JAMES R. WHITING, Esq., DEAR SIR:
I know not whether you were in attendance in the Court of Sessions on Saturday. The Recorder refused to quash the indictment against Carlin. The following is what he said.
[Here follow the Recorder's remarks.]
I shall not criticise this opinion now. My present object is to be assured that you will be ready to try this cause at any time the District Attorney may note it for trial. I also wish to know,