The Municipal Archives collection of records pertaining to the administration of criminal justice have been described as the most comprehensive in the English-speaking world. They date back to the 17th century and include a variety of materials such as minute books, docket books, indictment papers and case files created by the criminal courts and district attorneys.
A series of blogs are planned to describe these records and provide guidance on how to conduct research. This first installment focuses on one of the oldest series in the Municipal Archives, the Minutes of the Court of General Sessions. Future blogs will examine the court and criminal prosecution records of the Dutch colonial period, records of the lower criminal courts, and records created by the district attorneys.
Minutes of the Court of General Sessions, volume 1, 1683-1687. Original volume from the collection of the New York County Clerk’s Division of Old Records.
Until its consolidation with the Supreme Court of New York County in 1962, the Court of General Sessions was the oldest continuing court of criminal jurisdiction in the United States. The court organization had been brought over by English settlers to the New York colony as part of the “. . . remembered way of doing things.” (Martin L. Budd, “Law in Colonial New York: The Legal System of 1691,” Harvard Law Review 1967, Vol. 80, page 1764.) Its origin dates back to fourteenth-century England when the traditional justices of the peace were required to hear more serious offenses in meetings held four specific times a year which came to be called general or quarter sessions.
When the English rule of New York City was re‑established after the Dutch occupation for a year in 1674‑5, Sir Edmund Andros, the English governor, reconstituted the city government, giving to the mayor and any four of the aldermen power to hold a court of sessions. In 1685, a permanent law officer, called a recorder, was authorized, who thereafter sat as part of the court. Formally established by the Judicial Act of 1691, the Court of General Sessions had jurisdiction to try felony indictments.
Criminal jurisdiction continued with little change after the Revolutionary War. In 1787, a statute directed that in New York City the mayor, recorder and aldermen, or any three of these, of whom the mayor or recorder had to be one, composed the Court of General Sessions in and for the City and County of New York. Meetings were held on the first Tuesday in February, May, August, and November of each year, and might last eight days.
The Court of General Sessions existed in New York County (Manhattan) only. The court tried felony indictments before a petit jury. The definition of a felony changed over time, but generally included crimes such as burglary, homicide, grand larceny, felonious assault, robbery and perjury. General Sessions also heard appeals from lower courts (Police Court, Magistrates’ Court and Court of Special Sessions). A case was brought before the Court when a grand jury agreed that the district attorney had presented sufficient evidence that a crime had been committed and signed a bill of indictment.
The adoption of this basically English institution established such rights as trial by jury and the use of the grand jury as part of New York’s legal system beginning from the late 1600s. In its basic forms and procedures, the court remained relatively unchanged over the next three centuries. In 1962, the court system in New York City was reorganized and the Court of General Sessions became known as Supreme Court—Criminal Branch.
The Minutes of the New York County Court of General Sessions provide a summary record of the court’s proceedings. For each day the court was in session the minutes record the names of the presiding justice, prosecutor, defendant, defendant’s counsel, and jurors. The record also states the charge, defendant’s plea and outcome of the proceedings.
Beginning in 1840, as the number of cases increased, the Court divided itself into “Parts,” as follows:
Feb. 1683 ‑ Dec. 1839, 60 vols.
Part I, Sep. 1840 ‑ Nov. 1919, 211 vols.
Part II, Feb. 1873 ‑ May 1919, 59 vols.
Part III, Mar. 1887 ‑ Apr. 1920, 35 vols.
Part IV, Jan. 1896 ‑ Jan. 1920, 28 vols.
Part V, June 1907 ‑ Apr. 1914, 6 vols.
Part VI, Oct. 1914 ‑ Feb. 1921, 5 vols.
Minutes of the Court of General Sessions, February - December 1836, Index page “E” and “F” names. NYC Municipal Archives.
Researchers should note that this series is not a transcript of trial proceedings. Trial transcripts were generally made only if the case was appealed or if the defendant paid for one. Trial transcripts from the Court of General Sessions from 1883-1927 are available from the Sealy Library at John Jay College of Criminal Justice (CUNY).
The Minutes from 1683‑1922 have been microfilmed and are available for research in the Municipal Archives. The minutes after 1922 are hard-copy only and available for research at the Archives’ Industry City, Brooklyn, location.
How to Use the Minutes of the Court of General Sessions.
Each volume of the Minutes contains an alphabetical index by name of defendant.
This makes the intellectual content of the series relatively simple to access.
The search for documentation of the case against Henry Faulkner, and others, accused of conspiracy, will serve as an example. With advance knowledge of the 1836 time period (from newspaper accounts), it was quick work to find the relevant entries.
The People vs. Henry Faulkner, and others on indictment for “Conspiracy,” plead “Not Guilty,” Minutes of the Court of General Sessions, March 18, 1836. NYC Municipal Archives.
The People, etc. vs. Emma Goldman on indictment for unlawful assembly, Minutes of the Court of General Sessions, September 11, 1893. NYC Municipal Archives.
The People, etc. vs. Emma Goldman on indictment for unlawful assembly, Minutes of the Court of General Sessions, September 11, 1893. NYC Municipal Archives.
As noted above, the Minutes provide, in summary format, the essential facts of the prosecution for a felony offense; e.g. date of indictment, date(s) of court appearances, and the jurors’ verdict. But perhaps the greatest value of the Minutes is that the date of indictment information can be used to conduct research in the several felony indictment papers series created by the courts and/or District Attorneys. These series are almost always arranged by date of indictment. They document, sometimes in fantastic detail, all aspects of a prosecution from the first appearance in the lower criminal courts, through the final verdict. They often include witness testimony, correspondence and other relevant documentation.
The Minutes of the Court of General Sessions are an essential resource. Together with related series pertaining to the administration of criminal justice, they provide significant documentation relevant to the history of New York City. Look for future blogs that describe related series, their significance, and access information.