Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1855-10-13
The Case Of MeCrea,
Core spondence Of The n. Y. Tribune.

~LEAvENwoRrH, Kansas, Sept. "a, 1855. B.
On the 18th inst. the District Court assem-
bled at Leavenworth. Forty-eight Grand Jur-
rors were present, and Chief Justice Lecornpte
was about to swear and empanel sixteen of
them, when McCrea's counsel moved that the
accused be brought from prison that he might
object to the manner of choosing the 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 re-
fused 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 adjourned. Next morning Lee
compile 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 instrueting them the Judge
sent them back to their room, and delegated
r. r. Rees, the chairman of the rufian mob
that attacked Phillips, to instruct them in their
duties. Being still divided, they again forced
their foreman to lead them into Court. The
foreman, who is one of the fre-eaters under
Stringfellow, Atkinson & Co., was exceeding
ly angry at their obstinacy, and as he came
into Court exclaimed, "They can't agree
three are for a presentment for murder, five
for manslaughter, and eleven against finding
any bill" This announcement produced q
great sensation in Court, and the Judge, with
out instructing the Jury that in sach a case
they should return the bill Ignored" sent
them back to their room and caused other bust
ness to be brought before them. A majority
of the Jury, however, being in favor of ignor-
ing the bill against McCrea, refused to act up
on any other business until his case was final
ly disposed of, and therefore returned again
and again into Court without making any pre-
sentiment. This was continued until Saturday,
when the Judge, perceiving that he, to go on
with the business before him, must do justice
to McCrea by giving the Jury proper ~instruc-
tions, dismissed the Grand jury, and adjourn
ed the Court until the second Monday in No
vember. Such an adjournment is not legal,
being authorized by no statute, and is, in fact,
q dissolution of the Court. As such it was
doubtless intended, in order to detain McCrea
in prison until next spring, that another effort
may be organized to pack a Grand jury
The baseness of the Judge has not been I'M
observed, nor will it pass without notice. A
petition will be presented to the President
praying for his removal on the ground of cor
ruptlon and imbecility Ill Office, and there is
not a single attorney of responsibility in the
Territory who will not sign it. !
When this man came to the Territory the
people looked upon him with hope and conf
dence but ever since he sold an extrajudicial
opinion for an interest in the proposed location
of the Capital, public opinion has hastily
changed toward him. Since his encouragement
of the rufians of this neighborhood, by show
ing a disposition to frown down all charges
brought against them, the citizens of the town
have found it necessary to appoint q special
police, and the greater part of the citizens are
to carry arms to defend themselves
from outrage.
P. S. The night after the Court adjourned,
the captain of the rufians who mob
bed Mr.. Phillips, was seen with a gun prowl
ing about the house of Mr.. 2. from midnight
until four in the morning. 1t is supposed
that a band of lawless Missourians are con-
cealed in the bush near the town, awaiting an
opportunity to attack our citizens and destroy
the printing press of The Territorial Regis
Three hundred well-arlned citizens are
prepared to receive them, and s~entinels are
posted in every part of the o with signals
for a general rally.