SEC. 195. Examination of witnesses to be in presence of defendant, and witnesses to be cross-examined in his be half. 196. Defendant to be informed of his right to make a state ment 197. Waiver of his right, and its effect. 198, 199. Statement, how taken. 200. How reduced to writing, and authenticated. 201. After statement or waiver, defendant's witnesses to be examined. 202. Witnesses to be kept apart 203. Who may be present at examination. 204. Testimony, how taken and authenticated. 205. Depositions and statement, how and by whom kept. 206. Defendant entitled to copies of depositions and state ment 207. Defendant, when and how to be discharged. 208. When and how to be committed. 209. Order for commitment. 210. Certificate of bail being taken. 211. Defendant to choose how he shall be tried. 212. Order for bail, on commitment. 213, 214. Form of commitment. 215. Undertaking of witnesses to appear, when and how taken. 216. Security for appearance of witnesses, when and how required. 217. Infants and married women may be required to give security for appearance as witnesses. 218. Witness to be committed, on refusal to give security for appearance. 219. Witness, unable to give security, may be conditionally examined. 220. Last section not applicable to prosecutor or accomplice. 221. Magistrate to return depositions, statement and undertakings of witnesses to the court. § 188. Magistrate to inform defendant of the charge, and his right to counsel. When the defendant is brought before a magistrate upon an arrest either with or without warrant on a charge of having committed a crime, the magistrate must immediately inform him of the charge against him, and of his right to the aid of counsel in every stage of the proceedings, and before any further proceedings are had. Hearing after coroner's inquisition. Ex parte Ramscar, 1 N. Y. Cr., 3. § 189. Time to send, and sending for counsel. - He must also allow the defendant a reasonable time to send for counsel, and adjourn the examination for that purpose; and must, upon the request of the defendant, require a peace officer to take a message to such counsel in the town or city, as the defendant may name. The officer must, without delay and without fee, perform that duty. Peo. v. Restell, 3 Hill, 289. § 190. On appearance of counsel, or waiting for him a reasonable time, examination to proceed -The magistrate, immediately after the appearance of counsel, or if none appear and the defendant require the aid of counsel, must, after waiting a reasonable time therefor, proceed to examine the case, unless the defendant waives examination and elects to give bail, in which case the magistrate must admit the defendant to bail if the crime is bailable, as provided in section two hundred and ten; and in that case witnesses in attendance or shown to be material for the people may be required to appear and testify, or to be examined conditionally as prescribed in sections two hundred and fifteen, two hundred and sixteen, two hundred and seventeen, two hundred and eighteen, two hundred and nineteen and two hundred and twenty. §191. When to be completed-Adjournment.-The examination must be completed at one session, unless the magistrate, for good cause shown, adjourn it. The adjournment cannot be for more than two days at each time, unless, by consent or on motion of the defendant. Cannot commit defendant for hearing on future day until brought before court. Pratt v. Hill, 16 Barb., 303. Indictment does not oust jurisdiction. Ex parte Gessner, 53 How. Pr., 515. May indict pending examination. Peo. v. Westbrook, 12 Hun, 646; Peo. v. Drury, 2 Edın. S. C, 351. § 192. On adjournment, to be committed or discharged on bail. If an adjournment be had for any cause, the magistrate must commit the defendant for examination, or discharge him from custody, upon his giving bail to appear during the examination, or upon the deposit of money as provided in this Code, to make sure of his appearance at the time to which the examination is adjourned. § 193. Form of commitment. -The commitment for examination is by an indorsement signed by the magistrate, on the warrant of arrest, to the following effect: "The within named A. B., having been brought before me under this warrant, is committed for examination, to the sheriff of the county of ," or in the city and county of New York, "to the keeper of the city prison of the city of New York." § 194. Depositions to be read and witnesses examined. At the examination, the magistrate must, in the first place, read to the defendant the depositions of the witnesses examined on the taking of the information, and if the defendant request it, or elects to have the examination, must summon for cross-examination the witnesses so examined, if they be in the county. He must also issue subpoenas for additional witnesses required by the prosecutor or the defendant. § 195. Witnesses to be in presence of defendant, and to be cross-examined.-The witnesses must be examined in the presence of the defendant, and may be crossexamined in his behalf. § 196. Defendant to be informed of his right to make a statement.-When the examination of the witnesses on the part of the people is closed, the magistrate must inforin the defendant, that it is his right to make a statement in relation to the charge against him (stating to him the nature thereof); that the statement is designed to enable him, if he see fit, to answer the charge and to explain the facts alleged against him; that he is at liberty to waive making a statement; and that his waiver cannot be used against him on the trial. § 197. Waiver of his right and its effect. If the defendant waive his right to make a statement, the magistrate must make a note thereof, immediately follow、 ing the depositions of the witnesses against the defendant. § 198. Statement, how taken.-If the defendant choose to make a statement, the magistrate must proceed to take it in writing, without oath, and must put to the defendant the following questions only: What is your name and age? Where were you born? Where do you reside, and how long have you resided there? What is your business or profession? Give any explanation you may think proper, of the circumstances appearing in the testimony against you, and state any facts which you think will tend to your exculpation. 199. Reading answers. - The answer of the defendant to each of the questions must be distinctly read to him as it is taken down. He may thereupon correct or add to his answer, and it must be corrected until it is made conformable to what he declares to be the truth. § 200. To be written and authenticated. The statement must be reduced to writing by the magistrate, or under his direction, and authenticated in the following manner: 1. The authentication must set forth in detail, that the defendant was informed of his rights as provided in section 196, and that after being so informed, he made the statement; 2. It must contain the questions put to him, and his answers thereto, as provided in sections 198 and 199; 3. It may be signed by the defendant, or he may refuse to sign it; but if he refuse to sign, his reason therefor must be stated as he gives it; 4. It must be signed and certified by the magistrate. Peo. v. Restell, 3 Hill, 289. 201. After statement or waiver. After the waiver of the defendant to make a statement, or after he has made it, his witnesses, if he produce any, must be sworn an 1 examined. § 202. Witnesses to be kept apart.-The witnesses produced on the part either of the people or of the defendant cannot be present at the examination of the defendant; and while a witness is under examination, the magistrate may exclude all witnesses who have not been examined. He may also cause the witnesses to be kept separate, and to be prevented from conversing with each other, until they are all examined. (203. Who may be present at examination.-The magistrate must also, upon the request of the defendant, exclude from the examination every person, except the clerk of the magistrate, the prosecutor and his counsel, the attorney-general, the district attorney of the county, the defendant and his counsel, and the officer having the defendant in custody. §204. Testimony, how taken and authenticated. — The testimony given by each witness must be reduced to writing, as a deposition, by the magistrate or under his direction, and authenticated in the following manner: 1. The authentication must state the name and age of the witness, his place of residence, and his business or profession. 2. It must, unless deposition by question and answer be waived by the defendant and the witness, contain the questions put to the witness, and his answers thereto; each answer being distinctly read to him as it is taken down, and being corrected or added to, until it is made conformable to what he declares to be the truth. 3. If a question put be objected to on either side, and overruled, or the witness decline answering it, that fact, with the ground on which the question was overruled or the answer declined, must be stated, 4. The deposition must be signed by the witness, or if he refuse to sign it, his reason for refusing must be stated in writing as he gives it. 5. It must be signed and certified by the magistrate. § 205. Depositions, how kept.-The magistrate or his clerk must keep the depositions taken on the information or on the examination, and the statement of the defendant, if any, until they are returned to the proper court; and must not permit them to be inspected by any person, except a judge of a court having jurisdiction of the offense, the attorney-general, the district attorney of the county, and the defendant and his counsel. 206. Defendant entitled to copies.-If the defendant be held to answer the charge, the magistrate or his clerk having the custody of the depositions taken on the information or examination, and of the statement of the defendant, must, on payment of his fees at the rate of five cents for every hundred words, and within two days |