Sunday, June 29, 2008

Two Judges on Hand

New York, 1895

Judge Barnard Sits In Circuit and Judge Bartlett in the Oyer.

Justices Barnard and Bartlett both presided at the opening of the April term of the circuit court and oyer and terminer Monday morning. It was Judge Barnard's first appearance in the county since he has been restored to full civil functions by Governor Morton, and the venerable judge was accorded a hearty welcome. His honor arrived shortly before 10 o'clock and immediately went upon the bench, where he was confronted by the largest civil calendar in the history of the county. The court room was crowded with lawyers, jurors, witnesses and spectators. Justice Bartlett arrived in court shortly after 10 o'clock and held a conference with Justice Barnard, after which the latter judge proceeded with the calling of the civil calendar.

Justice Bartlett, who came specially from Brooklyn to charge the grand jury, opened the oyer and terminer branch of the court in part 2. In his address to the grand jury, Justice Bartlett said that it was the first time in the history of the county that the court of oyer and terminer and the circuit Court clashed in such a fashion. The reason was the new constitutional provision made for the holding of terms of the supreme court by judges who were retired from the bench under the age limit of 70 years. Judge Bartlett said Justice Barnard, under the provisions at once expressed his willingness to act and was assigned by the governor, but owing to the peculiar wording of the new constitution, Justice Barnard is only authorized to try civil cases and not criminal cases, until 1896, when he will be qualified and his full functions restored. The remainder of Justice Bartlett's charge was of the usual statutory nature, at the conclusion of which he adjourned the criminal part of the session until April 16.

—The Long Island Farmer, Jamaica, NY, April 12, 1895, p. 1.

No comments: