The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-10-21
COURT OF GENERAL SESSIONS.
MORE OFFICIALS INDICTED.
Recorder Smith Refuses to Receive the
Presentment Of the Grand Jury.
The Prescntment Ordered Back 10 the
Grand Jury.
OFFICIALS IN COURT.
&C., &C., &c.

Jury would make presensmeut-auda . prcsentmcnt q
Importance, toctLey having been IN session the night
before I'LL late hour. Interested parties and the curl
ous came peepng into Court from time to time waiting
for the Grand Jury to make thei- appearance.
During the day. Henry Hart. who was sent to prison
BY the Recorder the cay before for refusing to answer
question prcpounded by the Grand Jury was brought
into Court and discharged upon the certificate Of Mr.
Henry Erben the foreman Of the Grand Jury stating
that Mr. Hart had appeared before them and purRed him
self Of the contempt charged
The Recorder kept his upon the bench all the day
not knowing at what minute the jury might come In
y O'Clock all the visiters had got tired waiting and
during the afternoon there no one in the Court but
the Recorder Clerk and reporters.
AT ten minues past four O'Clock in the afternoon the
dooI Of the Court opened and Mr. Eben made his
appearance at the head Of his fellow The news
OF the arrival of the jury into the Court within the
space OF five minutes spread throughout the City Hail.
and immediately the crowd pouring n till the
court room was pretty well filled with counclmen alder
men justices, policemen heads of the departments and
other officials.
Mr.. 'andervoort called the roll of the jury and
each one having answered to their names
MIR. Henry Erben, the foreman arose and handed 10
the Court six eight indictments which the Court
examined and turning to the jury asked there was any
further businessS
Mr.. Henry Erben then handed document apparently
of about twenty pages to Mr. vandervoort the Clerk Of
the Court and ked that be read as the presentnent
Of the Grand Jury
Mr. Vandervoort In obedience commenced reading this
paper, which opened with reference TO the labors
through which the Grand Jury had passed. and then
stated that knowledge had TO the Grand Jury of
corruption in several Of The heads Of of the
city government sufficient to justify the presentment
Of the
Street Commissioner
Collector OF Taxes,
City Inspector,
Commissioner Of Repairs and Supplies, and
Commissioner Of Lamps and Gas.
Here as the Clerk was continuing, seemingly TO read
the names Of other officials he suddenly stopped By
the Court.
RecordeI-lt is very questionable Mr.. Foreman whc-
ter there not matters connected with these
ments that should not be read publicly.
ar. Erben-we have consulted with the District At
torney and present those names against whom charges
exist We take the responsibility Of giving the parties
| TO the public.
Recorder-The Court has responsibility In this case,
and is very questionable II these names should be made
public.
Mr. Erben-we don't give the names Of any Of the
parties indicted but speak OF the departments against
which charges Of corruption exist
Reeorder-The point in this matter L. that this pub
licity may prejudice the public mind A document Of
public, and II would be almost impossible to find jury
10 try these who had not had their minds in1u
petty juror is, "have you formed any opinion ia this
case, and II be had could not allow such juror
allow this document to be read and go record and be
open TO all This act on your part, gentlemen goes
beyond simple indi'ment for trial, which is the proper
Mr.. Erben--The Court Is talking about document
Which has % not yet been read The document explain.
information which we think II necessary to give.
!Ihe Recorder here took the paper and examined it,
We viii suppose case:-Suppose that word us
OF corruption in various departments witnesses ku,w
ing tbs to be the case escape to Jersey beyond our
reach, ana when reached they have forced into
count 70 be compelled to answer our questions This
Reeordepbe law nro,e.ss iba Gramd % rvad
respect, sufficiently The contumacious witness might
emprsoned thirty days for every contempt and thus
subject 10 constant imprisonment have read this
document, and find that IL contains sweeping charges
that ought not TO be made public. may be in error,
but II does 10 that putting tins document before
the public would have the eec, have suggested which
II Is my duty to prevent.
Mr.. Erb.n-I am requested TO ask this question BY
Grand Juror:--Suppose that every OF the Grand
Jnry satisfed that corruption existed in a certain
department, and witnesses had been spirited away,
thonid we not make such corruption and such facts pub
lcY Suppose the District Attorney says to u.s. You
are justified IN supposns certain man guilty but the
ta N ms case you may present the guilty parties but
RecorderAs regards the suaciency Of the evidence
are the sole judge and alone responsible for that
sorry TO differ With the learned District Attorney
do nottbnk this should be made public inasmach as
foresee the embarrassment in which any court would
lie placed before whom these came for trial.
Mr.. trben-we viii retire then for ten minutes and
consult with the District Attorney, and then into
Court sgan. lIhe Jury here rctiredD
there was any business before the Courts
Mr Merwin H. Brewer, counsellor at Law, sad;--May
i please the Court public says that the Grand
Mr.. Joseph T. Ebling Commissioner Of Lamps and Gas
wish to know this Il and II is prepared
to enter securities for our appearance.
Recorder-ls the party you appear for In Court
Mr. Brewer-Yes, sir he Is and ready to give security.
Recorder-Is his bail In Courts
Mr.. Brewer--It H.
In abou, twenty minutes the jury again came into
Court.
The ron Of jurors wa again called when
Mr.. Erben sadTle Grand Jury have 10 the con-
c.ision that this should be handed 10 the Court their
preseniment and the Grand Jury ask TO be discharged
Recorder-Gentiemen, cannot alter the views which
first took Of this matter, and must hold this 70 be
improper presenment III should give publicity % this
therefore instruct the Clerk not 20 Gle this presentmen
but 10 return Il 10 the Grand Jury
Mr. Erben-Wbat are we 10 do with itg
Recorder-Ihat remains with You.
Mr.. Eben-we have been instructed by the District
Ationeyto hand this TO the Court presen,ment,
ard We arc unanimous In taking this course.
RecorderI order the Clerk 10 return II 10 you again
hand this to The district Attorney and allow him 10 Apply
the remedy think this paper should be placed In the
hands q ID. District Attorney and not upon the records
opportunity 10 ferret out this corruption and that the
parties may not be placed upon their guard BY the pub
lcation II Il.
Mr.. Frben-we then hand thi. to the Clerk, With 10
structions 70 hand II 70 the District Attorney
Mr.. Henry A. Hurlbut, of the Grand jurors-f
should like 10 know II that document IL 10 b. made pub
lct Hith, want my name to be taken of.
Mr.. Hben-I viii your name for you then, (and
he took the document 20 do so.)
Reeorder-1hs paper, q course 4 beyond ny control
but should suppose IL wona not be made public.
The Recorder then dismissed the Jury folows--
Gentlemen--t Is but very shsrt time since you
smpanneed You have done greater amount Of bust.
than ] have known 20 be done In short q
time Thirty eight forty indictments have been found
by you. Yon are dismissed with the thanks ~ the
Court and undoubtedly you win receive those Of the
community.
Mr. winant then came forward and became bail in tho
of o. 500 for Mr Fblng the Commissioners of LAMPS
| and Gas.
Tie Court then adjourned.
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