The New York herald., 1850-10-26

Before Judge Greenwood. and Aldermen Taylor and
DenVke.

Before Judge Greenwood and Aldermen Taylor and
Denyke.
THE DRURY CASE AoAIN-A VERY FRESH INDICTMENT.
Ocr 26-rhe District Attorney of the county Of Kngs
moved the Of sam Drury, sr anst whom an in
dictment had been this morning preferred by the
Grand Jury for the four bills alleged to have been In
DrWys hands at the time of his upon the tor
pedo charge the I7th Of november, 1s49 This new
indictment had been found in the place Of the former
one, adjudged defective by the Court upon the late
motion to quash, made in behalf Of the defendant on
Monday last.
Mr.. Il. y. Clark said, show me the new in dotmsnt.
The District Attorney having handed the document
Mr. CLARK then said the Grand Jury appear to have
found, this morning, indictment in the place Of
the lately held bad and covering the same offence
1t appears to be voluminous, containing several
counts; but, ss yet we have not read 1t. 1t is in
tention TO move 10 quash this new indictment for
matter extrinsc the records, and such q motion
must be made before the plea is pleaded de-
dhors the record upon the application to quash must
be based will be presented to the Court by afidavits
which Of course not yet had time to prepare
1t possible that the facts may be conceded by the
but they must In event be reduced to
FORM that any in the adjudication of the court
upon the questions to be raised may be subject to
The Court-Mr. Clarke, what are the grounds ot.ob-
lection to the new indictment!
Mr.. Clark.-I will state them briefly as possible
person indicted for . criminal offence may COM
plain OF any iregularity in the formation Of the Grand
ity can only be taken advantage of q motion to
Quash The facts relative the finding of the pre-
sent indictment these:-The offence CHARGED, IL
committed, was committed in the month Of No
vember ls49 the allegation being that Mr. Drury at the
time OF his arrest the torpeoo charge in the month
Of Novem ber 1879 had in his hand the tour counter
felt bills, which the subject OF this prosecution
with intent TO utter them true. For this ole nee
an indictment was preferred by the Grand Jury OF
Kings county in the month of March, 1850 The trial
VI this indictment Was moved on Monday last, when
upon the defendants motion to quash the court pro-
rintfV atV.af fhA iaiA
dictment The District Attorney with great prepristy
declined to proceed with the trial in view Of the de-
fscts OF his Indictment and has caused this
TO be preferred This appears to have been found by
the Grand Jury, and returned to the Court Of ses-
s,ons ot hinss county oy which court II mas been
who have preferred this new Indictment Ia not the
Grand Jury enpsDnelled In the Court of Sessions at
its October term for that Grand Jury was
some time since; but another Grand Jury has been
one6, in the Court Of Sessions in pursuance Of
the provisions Of the applicable the of
. crime committed during the session Of the court
and after the discharge OF the regular Grand Jury Of
the term Here counsel cited second revised
page 6O6 sections "a and 85 This statute clesi
intended to provide for the Of crime committed
after the discharge Of the Grand Jury and be
rightly construed to extend to case like this, where
the crime, II ever committed, was committed in No
vember lS49 The forms by which justice is admins
tered part Of the system Of administrative jus
tice ITSELF and the court may, with quite
much proprety convict man, accused of crime with
out gran ting him trial put him upon trial with
out requiring observance of all the provisions Of
law in the proceedings preliminary to tbs Indictment
There are provisions in statutes regulating the
mode OF sum moning grand juries and il these prov
sions are to be With at tho will Of the public
prosecutor the security which the Law provides for
the due administration of in the early stages Of
Q criminal prosecution may be defeated. grand
jury be summoned in particular mode, BY par
ticulsr onicers and the persons composing 1t
Drawn from class OF our citizens presumed to be
especially qualified for the discharge Of its important
duties man accused sf crime, and held to answer
to the charge, Is allowed right of chsliege Of the
grand jury for certain specified in the statute
and The observance, bY the prosecutor, OF the
course inted out In the statute for the summonng
grand jures will enable him to AXE his cna enge
available but II grs nd jury can be summoned at
moments notice. without that due publicity which
the law requires, man might be indicted, before
IL would occur to him that it would be prudent to
scrutpze the grand jury and his scrutiny would be
too late. In the particular eXgency OF crime CON-
new Jury is summon,a from T sho inhabitsats Of the
county qualified TO petit Jurors thus well
In respect Of the clas Of persons from whom the jury
are drawn rs In respect OF the mode OF summonng do
the provisions OF the statute. vary in these different
cases. Now, as understand the law, and rs believe
this Court must hold 1t, the Grand Jury who have
found this bill had no Jurisdiction and the
Ia no better than piece OF waste paper. The provi
sions of the relative to this matter are admit
rar,y the subject Of judicial inquiry, but they may
we'll become so when substantial rights may other.
wise be lost to msn accused MIR. CLARK conclu led
by declaring That so long as he continued one OF the
counsel for MT. Drury, he determined that he
should not be tried in this any other Court except
The District Attorney opposed any delay, and said
that he thought the cts stated by the counsel could
not be the ssbjsct Of dispute.
The Court thought that the nature OF the facts dis
closed would not rsquire great length of time
for the preparation Of the papers, and notice Of the
motion could be given tor next Thursday.
The District Attorney said the result would be that
the case could not be tried at the present term.
- Mr. Clark that there was not time to ad
minister justice according to Law further admnistra
tion had better be and he believed that this
Court s made perpetual by the statute which created
IL hence there will probably be time enough to pro-
I. The Court ssid-Mr District Attorney, We caunot
compel defendants to 60 TO trial upon an Indictment
found so receBty would be against reason and the
ufage OF the courts to do This indictment en-
braces variety Of counts and we think reasonable
time should be allowed for its examination aud for
the Of the papers upon which to raise the
question: suggested by the counsel for the defence
We viii hear the motion next Thursday you can be
After this matter had been dbpossd OF. the Judge
narked that he would take this opportunity to OBJ
that he hoped the decision OF the Court In this
natter would not be misreprssented He made this
observation In consequence Of editorial paragraph
which appeared in paper few days since, holding
up to fidicue and casting very mproper slur upon
the adjudication OF this Court upon the motion lately
heard TO quash the nuictmen Mt in this There Is
proceeding In this court still pending, relative TO
former publication which appeared In that paper and
III this course was persisted In the Court wout take
further action In the matter The Judge character
lied the paragraph TO which he referred very i'm
proper and very unfounded.
Mr. Clark then said ~ the Court Is to take notice Of
would be well not TO do the business by halves since
came into court my attention has been drawn TO an
article which appears In the Police Garefe Issued yes
terdsy, which IL 80 fragrant comment that am glad
Of the opportunity TO have brought to the notice Of
the Court besides the article points out to the Court
what IL expected OF Its integrity and 60 the District
Attorney what s expected OF his vigilance. IL would
indeed be unfortunate n such appeal to the Court
and to the District Attorney should pass unDoticed
Mr. Clark here read the article which Of the par
tculsr stamp which chsracterizes the writing In that
print Mr. Clark then proceeded-To say nothing OF the
statement that Mr.. Drury appeared by seven counsel
which the court knows to be false, demand it's at
t.ntios to the manifest attempt TO Interfere with the
inisraion OF by the court In this and
ask the court whether they will permit demands upon
its action and its integrity to be made from such
source, and In such manner do not believe there
is court In England. enc In this country, which
for lite dignity which would permit papa
bs attempt regulate Its conduct and its proceed
In ~ psss unnoticed and unpunished The author Of
that article not only seems to srrogse TO himself the
right to dictate what ehal be pursued By the
court and the District Attorney but be goes further
and TO length which comnen hum snity forbids that
any man should be permitted to go aud unpunshed