New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-10-08
THE CASE or MoCREA.
Correspondence ofThe N. Y. Tribune.

Correspondence of The N. Y. Tribune.
LEAyENw ORTIZ, Kansas, Sept. "a, 1855.
On the 18th inst the District Court assembled
at Leavenworth. FOrtyeight Grand Jurors were
present, and Chief Justice LecOmpte was about to
swear and impanel sixteen of them, when McCrea's
counsel moved that the accused be brought from
prison that he might object to the manner of chOOs
ing tho Grand Jury, and to challenge for cause.
One of the Grand Jurors was engaged with Clark
in the attack on McCrea when the latter shot him.
Notwithstanding this fact the Judge Overruled
every motion for the defendant and also refused to
sign a bill of exceptions, or explain by what rule
he selected the sixteen Grand Jurors. The Grand
jury was then sworn and the Court then adOurned.
Next morning LecOmpte secretly added three more
to the Jury. On Thursday afternoon the Grand Jury
came into Court for instructions in the McCrea case.
Instead of publicly nstructng them the Judge sent
them back to their room, and delegated X. X.
Rees the Chairman of the rufan mob that at
tackled Phillips, TO instruct them in their duties.
Being still divided they again forced their foreman
TO lead them into Court. The foreman, who is ono
of the fre-eaters under Stringfello~, Atchlson d
Co, was exceedingly angry at their o6stlnacy, ana
as he came into Court exclaimed, They can't
agree three are for presentment for murder,
FIVE tor manslaughter, and eleven against finding
any bill" This announcement produced great
sensation in Court, and the Judge, without III.
structipg the Jury that in such case they shouid
r,turn the bill Ignored" sent them back tothelr
room and caused other business TO be brought be
fore them. A majority Of the Jury however
being m favor of ignoring the bill against McCrea,
refused 10 act upon any other business until his
case Vas finally disposed Of and therefore re-
turned again and again into Court without making
any resentment. Thus was continued unnl sat
urdav, when The Judge. pefceivine that he, TO
90 on with the business before hun, must do JUS
fice 10 McCrea BY giving the Jury proper instruc.
4. Cd Grand lurV t1 AdIOurneR
the Court until the second Monday in November
Such an adjournment is not legal, being authorized
Nv no statute and is ia fact dissolution OF the
Court AS such it vas doubtless intended III
order TO detain McCrea in prison until next Spring
that snUther effort may be organized t, pack
Grand Jury. The baseness of the Judge has not
been uDObserved. nor will 1t pass without notice.
petitiOn will be presented to the President pray
Ing for his removal on the ground Of corruption
and imbecty in Office, and there is not single
attorney of Tespectability IN the territory VINO
will not sign 1t.
When this nan came TO the Territory the people
looked upon him with hope and confidence; but
ever since he sold an extra judicial opinion for an
interest in the proposed location for the Capital,
public opinion has hastily changed toward hun
Since HIS announcement of the rutia1S OF this
peinbborhoOd by showing disposition to irown
down all charges brought against them, the CHI
zens of the town have found 1t necessary 10 ap'
point special police and the greater part OF the
citizens are obliged TO carry arms to defend them
selves from outrage.
PS. The night after the Court adjourned;
Hughes the captain of the rufisns who moboed
Dir Philips was seen with a gun proving around
the house of Mr. p from midnight until four in the
morning Ii is supposed that a band OF lawlesS
Missoufsns are concealed in the bush near tue
town, awaiting an opportunity to attack our citi
zens aud destroy the printing press of The Terri
tOrial Register. Three hundred well-armed eitI-
zens are prepared to receive them and sentinel
are posted in every part OF the town with signals
for general rally.