The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-10-06

conduct themselves in Tammany Hall and theref,re n
resu He tSs that their pro
that they had witness there who testified or gave evil
deuce against Mr. Cooper and that the with whom
they aege that Mr.. Cooper committed the crime swears
he not before them witness never made such
charge, and that the charge Is not true.
in to se duties ws Of Grand 70 60
sci himself His impression was, that Grand jury
when ffiana face case is made out but when they
know that there Il witness within their jurisdiction
whose testimony afford explanation OF innocence
are bound to have that witness before them. But
the Court to presume, information and belief
that the Grand Jury found indictment without having
witness before themY To be sure, counsel had to
certain extent showed that they had not the principal
evidence before Them but might not be that there was
some other witness Or, in other words not the
Court to that that body acted correctly until
the contrary is shown by competent evidence have
not said he the indictment Is there the name Of
any witness endorsed uponitS
Mr.. Whiting-No, SIR
Mr. Hallt is not to have the names OF witnesses
Inscribed on the Indictment If the District Attorney is
applied to ne always furnishes the names of witnesses to
Mr.. Whtng-Well win the District Attorney now in.
form us whether there were witnesses examined be-
fore the Grand jury in the case OF Mr.. Cooper
Mr.. Hall was not prepared to say; but II it became
evident to him that the Grand Jury found indictment
insufficient evidence he would enter ,,oe prosequ
Judge Roosevelt-Would it not be better to have the
minutes OF the Grand Jury brought into Court at onceS
Mf. Mhitlng-very We'll SIR and II there = the name
OF single witness on the minutes, am ready to with
draw my motion and go to trial.
Mr. Hall had no objection to have the minutes pro-
duced. lie had never seen examined them.
Anattendant counsel informed the Court that he had de-
manded to the minutes the Grand jury that the
minutes of the Grand Juryor the affidavit which the
indictment found, not file in that Office. He
had also applied to the Grand Jury for them, and
informed that they on file but that the afda
Wit was in the hands Of Mayor Wood.
Judge Roosevelt suggested that it would be proper to
let the motion lie till the minutes should be pro.
duced.
Mr. Whiting asked the District Attorney to give him
note to OF the Grand jury to examine him this
matter.
Mr. Hall declined doing So as it would be illegal and
unprecedented
An attendant counsel asked the Court for an order that
the minutes should be filed.
Judge Roosevelt-The Court has authority to make
such let the matte stand over till Monday when
the District Attorney II there appears to have been
witnesses 4l,ss examined will enter nole proseqni
Mr. Brady was willing that the cases in which he was
concerned should also lie over as the same question
TO information and belief was involved.
Judge Roosevelt inquired whether be was not ready to
go with the motion bow2
the other He contended for the sucency of af
davits founded information and belief Suppose said
that the Grand jury all drunk and dsordery in
their room and that make statement information
and belief what more can dol They the only per-
sons in that ROOM their proceedings being secret say
that have right to be heard information and be-
lief in respect to the secret transactions of Grand Jury
in their roon IL It not necessarily complete evidence
unless con tradctedg That is what going to argue
Mr. Hall-The District Attorney is positively prohi-
bited from entering the Grand Jury unless he
sent for how then can he be supposed to such
charger
Mr.. Brady-Oh yes; but other gentlemen have been
before them who not officials.
Mr.. HALL glad to have the question thus pre-
sented. For instance if there is affidavit nforma-
ton and belief that member CT the Grand Jury
an aen want to know if the frob1ndi is thrown
on the District Attorney to prove that they not aes
Must not the defendant make out positively that they
are want that question settled as, il that is to
be thrown the District Attorney, think it will be
time to think of resignDg his Office
Judge Roosevelt requested counsel to say whether it
their convenience to have the argument in the