New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-10-22
The Presentment suppressed!
TREMENDOUS EXCITEMENT
Flars-Up between Mr.. Erben and Rscorder smith
DETAILS OF THE CITY'S INFAMY.

S1turc 50 was an eACHins Jay iot Ci'y oViao' luz
ruuior that the grand jury were about 70 bring IN
srother batch Of indictments against them kept the
court Of General Sessions toIeraby well filed from
morning until afternoon. The recorder sat all day
waiting fer the grand jury to make their appearance.
Mr. Henry Hart who had been imprisoned the day
besoe for contempt, wss discharged upon the cerf-
cate Of the fol- emsu OF the grand jury that he had
nur0.d himself of the contempt. little after four
o'clock the grand jury made their appearance. The
teys spe adj immediately through the park, aud the
effoial expectants who had grown tired OF waiting
ard gore out, came docking back. They were prin-
cipsly beads of departments, aldermen, councimen,
justices ard policemen.
The roll Of the Jury was called and the foreman, Mr..
Henry Erben handed to TIE court several indictments.
Recorder Smith examined them and inquired If the
;urv had any further business. The foreman handed
rather bu Ky document % the clerk and asked tina.
II be reas as the proseniment the grand jury.
The aiding was commenced the paper opening
with An allusion to the labors Of the grand jury and
then proceeding to state that the grand jury had been
convinced that corruption existed in the departments
the trt Ct commissioner the commissioner of repairs
and supplies, the city inspector, the collector OF
of taxes and the commissioner oflamps and
gas. II proceeded to specify the particular cases of
corrupton which were proved to the satisfaction ofthe
Grand Jury, and the names of William II. Cornell,
William II. Oakley, Smith, Secke Il 20. aud some
others had been read when the reading was suddenly
Interrupted
RycoRpER-It Is questionable, Mr.. Foreman,
,be,ber these are not matters which should not be
read publicly.
| DEMONSTRATIONS to putting in names we consulted
the district attorney snd he told us that we were
BODY from whom the public expected to Learn where
couuptons existed and who were the parties, and 10
what Departments conuptions existed. We have
selected thoee departments in which there is no doubt
that corruptions DO exist; other departments where
| the proof was not clear, we have passed over. w
take the re pol sibiity of having done this.
| RycoRDER-The court has some responsibility IN
this Gaze. presentment is entitled to have great
weight upon this community; 1t ought to have. How
far the publication might jeopardize the interests OF
men who may be indicted, how far it might prevent
them from having an impartial trial, Is certainly a
question of very great moment.
FoRENAS-I beg leave to state that the indictments
correspond nth the presenment and 1t is necessary
to show the public the reason for the indictments
| RrcoRpER-Grand juries have right until the
parties are arrested to state their names.
| FoREMAs--We do not name the parties indicted
REcoRpEn-The ground that take in this case is
that it may have the effect to prejudice the public
| mind Great attention is drawn 10 th, community
to the action of grand uiss; considerable excitement
has been aroused In consequence Of the act Of grand
ures for the past mcnth The reading public tAe
persons who compose our petit jures. The question
would be asked whether they had read, whether they
had formed or expressed any opinion 10 relation to
the persons that charged. document of this
kind would be, as 9 matter of course, extensively
read; it would be commented upon with great deal
of freedom il would be next to impossible to procure
| jury in this community that in some degree had not
| been affected by document emanating from so ne
eighteen of our fellow-c.zens who are supposed to
be entirely disinteesed 1t would be entirely differ
ent from statement Of facts in public newspaper;
it would have a sanction and Endorsement almost
official from the grand jury as to the truth Of these
charges. Now it seems to me, although the names Of
the parties not given, yet from the fact of calling
| attention to the particular departments it must be
| understood to whom those matters would refer. The
important effect on petit jury
FOREMAN [interupting the recorderl-I would re-.
| mark TO the court
RECORDER [interupting the foreman 1T would
| seem to ne, with all respect TO the gentlemen COM
posirg the grand jury thst by giving it publicity and
placing it upon the records Of this court would be in
some degree impeding the due course Of Justice l
don't zee any benefit that can result from itas any
parties are indicted, there mpst be public trial.
This is novel case, and act upon the suggestion Of
| the moment.
FOREMAs-I will suggest to the court that the court
is talking about paper has not read. The offensive
matter hiss been made public while the clerk was read
| irg IL; what follows s merely an explanation. The
explanation will make il sstsa ctoy that it proper
topic. THE presentment handed 10 the recorder,
ard there was pause Of a moment would sup
pose case II on inquiry this grand jury has ascer-
tanned that there is great corruption in certain depart
ments and witresses hearing that this investigation
going on, should over the ferry to jersey,
and in some instances the witnesses had to be forced
into court. This is the fact. Money is taken from
the public treasury by the head Of department. and
the contractor and he divide The money between them
selves Now If there is no way Of reaching that by
getting witnesses before the grand jury and we un.
hes;siipgy say that we could not get witnesses
enough before US 10 indict them and do not think
you will ever get enough evidence to indict them
| RECORDER [inierrupting the foreman The remedy
is abundant for the purpose Of compelling the at
tendance Of witnesses. An example Of that hiss al
ready been exhibited during the session Of this grand
jury. They can be imprisoned for thirty days or
fined two hundred and fifty dollars, and the penalty
can be inflicted every day that the grand jury is in
session. so that attempted evasion amounts to eIpa-
triation. / have been looking over this document.
The objection which raise is not that this corup-
ton should not be exposed. 1 conceive readily that
the public mind would be prejudced against the par
ties that are to be tried. These charges are sweeping
ob,r,oa Tbaya Il nc einlv co cfmo which should