Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-02-24
Correspondence of the Herald
PHILADELPHIA, Feb. u, 4P.M.
Escape Of the SchuyikiH Bank Conspirators-Big
Holes in Pennsylvania Latc, &c &c

Il.
Escape Of the SchuyikiH Bank Conspirators-Big
Holes in Pennsylvania Lar, &c &c
The argument relative to quashng the indictments
schuylkil Bank, up in the Criminal Court this
morning the three Judges being present.
oh the LIST inst, Geo. NJ. Dallas, on behalf of de-
iendants' commenced his argument on the general
motion 10 quash In the course Of which he proposed
| 10 read deposition of one of the Grand Jurors to
prove certain matters which spired in the Grand
Jury room THIS was objected to by Attorney Gene
raj Brooke, On behalf of the Commonwealth. upon
the ground that the secrets of the Grand Jury rom
could not be legally divulged. This objection brought
up Messrs Josiah Randall, Garrick, Mailer IA"
M. Scott, David Paul Brown Charles Inyersol ond
Samuel II. Perkins, and Geo. M. Dallas on the mart
Of the defendants. These gentlemen occup;ed the
Court two days, when the case adjourned until
this day. '
At the opening of the court, this morning, Attor-
ney General Brooke commenced reply to the argu-
ment OF the above counsel this incidental cues
ton, and occupied the attention of the court for An
hour and an half, in which he alluded to the origin
and character of the institution of grand uries and
indicated it from the aspersions which some mo-
dern writers, and the opposing counsel, had cast
upon H. lie showed, moreover, that secrecy was
essentially necessary in its constitution and that ar
cana had always been maintained inviolate. He re-
viewed the numerous authorities that had been cited
with view OF showing that none Of them sustained
the position assumed by the counsel for defendants
y
AT the conclusion of his argument, Judge Todd pro-
duced written opinion, which had evidently been
previously prepared, which he also stated had re-
ceived the sanction Of his colleagues. This opinion
stated that the court would not say what degree OF
weight they would attach to the depos ition II anv
but, that they considered themselves bound by the
authorities cited, to admit it! The deposition of
Peter Fritz, late President of the PHILADELPHIA
Savings Institution, that has cheated the public
out OF thousands of dollars, who was one of the
Grand Jury and Secretary of that body and who had
scOyn to keep secret "the COMMONWEALTH conn
sci, his fellows and his own, was then read by Mr.
Dallas, who resumed his main argument The de-
positions were produced of other Grand Jurors who
refused to give any statement of what had PRED
before the Grand Jury. Thus you see that Peter
Fritz, broken swndling Institution President, was
the only man among this body Of twenty-three who
crets of the Commonw ealthi
To show TO what miserable shifts the defendants
| resorted deposition was produced to show that
John A. Brown, ESQ., the foreman of the Grand In
ry that found these bills, was an Irshman The oh
Ject of this was to show that he was an alien and
therefore incompetent TO serve in that body. The
iact Is that nr Brown, who Is one of most res
pectaDie and intelligent citizens, this coun-
try from Ireland while in his minority in company
| with his father; that while yet in his minority
his father became naturaized, which Of course in
sured the enfranc hscment OF the This fact was
wei known to most of the counsel of the defendants
as well as to the defendants and was a contem ptbe
resort TO endeavor to cast odum upon a worthy cit-
zen The gentleman who had the honor to int reduce
this deposition was young limb of the law named
Charles lngersol, son Of Charles j. Ingcrsoil, the
disputed member OF Congress from the Third Dis
trict.
After all the dispositions had been introduced. Mr.
Dallas proceeded with his argume MT unit he arrived
AT the exception, that the grand jury who made the
prssentments and returned the indictments were not
legally constituted, the Sheriff and County Commits.
sioners having neglected the requs of the act
| OF Assembly in making a new selection of names
alter the quashng OF the array in September last
When he had finished his remarks on this point the
commonwealth called IN all
upon that question exclusively. The TESTIMONY OF
the Clerk If the County Commits sioners was intro
duced to prove the manner in which the selection
was conducted, which was re-depositng portion of
the old names that had been in the former wheel i'm
the place OF making an entire selection. After
hearing the counsel Of the Commonwealth on this
point the court said that without giving any opinion
upon the other points Of the case they had concur
ded To quash the Indictment for the reason that the
selection OF the grand jury not made in accor-
dance with the law and therefore II had no legal
| istence.
This opinion Of the judges, like the former SEEM
ed TO have been previously prepared.
thus you VIII sec, that in consequence Of the fla
4 grant misconduct of the Sheriff and County Commits
sioncrs, the Efforts the part OF the Common
bring the perpetrators ofthesc enormous frauds to
justice, has for the present proved abortivc.
On the announcement Of the above decision Altar
nep General Brooke Immediately moved the court
TO bind the defendants over to hereafter TO
the charges preferred against them and offered AS
evidence for that purpose, the presentments and in
dictments OF the grand jury. II was objected TO on
the part OF the defendants counsel and decided by
the court that these documents were now ire nu-
lily, and could not be used for the purpose conse
quently, there was no testimony before the court
and they therefore refused 10 sustain the motion.
Attorney General Brooke then tied that procecd-
| ings would be commenced de moro in the ordinary
| manner, before regular committing magistrate
IL will be thus seen, that Mr. Brooke Is determin-
ed that this matter shall be fully inquired into and
from the evidence that he has shown Of his ability
zeal and perseverance, IN conducting this case thus
far fhe rfo ia Of he ul.l.