New-York daily tribune., 1858-06-28
THE INDICTMENT AGAINST JUDGE RUs
SELL-MOTION TO QUASI.


Al 70 O'Clock yesterday, NJ. A. OsAs, HAL sp-
peased before Recorder Barnard, and moVei 70 q'ssn
the indictment psndng sgalnst Abraham ID. hi+sn
a.A otber,. for an alleged assault sod battery on
George Wilkes and John DSc'e, in the month oi APfu
hH-
In behalf Of Judge Russell, Mr.. vi man aod others,
Mr.. OAl.v Hall ssid tbst with the exception OF one
,r-.n al within this indie ment cJDDec ed with
th C,,o,r al Coat u TINS city, AID scns an1er
Tie color OF sutnody 10 ssy tho loan IL wond seen
hat .oae Of rosoies and rsscas hsd turned tae
t.hls- Of iast,c-, sod that Low toe Cnrisao m4xln
MS cha ged " g Blessed s'e the pshoe Sakers
They came 10 wipe tae records from the Court, Shc1
lad been the fruit OF 9 conspiracy. Taking the 'ac's
as they sppesred before the Grend jury every oDe OF
vhich had they DOT done these persons wopd nave
been ODE n IN CensDre. Mr.. al cited from o noe "
the Code written by The late David Graham IN which
the writer referred - the efforts ore made by 2nvae
nabre 70 Rrsty that nal Co through toe Gran Jury
The ina lctlnen mt sgaLst an opera manager w0o
was not present. Judge Of this Go art who ~4s COZ
Ess-sy pieooit ID Judicial c4pzci,y sbd officers OF
tbis Court there preent as posoeuiukero, tor an a.
suul, spd bet e,y AZ snst George Wilkes, and on the
ether Indictment fur assault and battery agso-t
n sn csled 10 the iBoictns ut John Darcls but who
was better known TO the London police as Josn Dar.
Gle Dixon.
hr. Writing submitted that the gentleman should
Sss6ne bif r-p,rks to bis motion. Mr. Hall ssid he
vcald cob6ie hin self 10 the paper. Did toe Gfsnd
Jury find bill for official misconduct Tney had
for " bich Man coud be iDoicted -ssauit and bat
tvry. Mr.. Hall said he bold 40 epvelops which bad
been sent TO tue Grand Jury by Mr.. Wilkes, WITH
what he called evidences Of the gu II From the
papers 1t wOulo appear Il. Mr. Uln kept opers
house, and that Mr.. Ds5cie crto-wao might
have graduated III CT cism IS the clsloeur 10 French
prs-thst Dacie aos the critic of paper OF ~oich
Wilkes was eoItor, 8od which paper wse an otshoot
Of biguly respectable paper, with which co npsred
abe vt well es good Odd port DID with tue siIpenDy
port drank by the scaveDges 10 the street I'M, mao
Wilkes wrOe q lettsr TO Mr. UhtnaD, threa'enlog to
commit AL ofense sgain.t his house, and M. Ulllnsu
vent At Orco TO the magistrate "a required by Jaw.
Pnis kttey, though pgeL Lioua)y wren 50 ,hat upon
face would bioe tS lote ntiOn it was yet apparent
and loving, too the writer OF this letter sno biz
teo.oents exhipited the records of this Conrr
vi he him ELF 6l. the feons DOCK st the ioups,
be- celld not bat ilfer tost he was coming there u
enforce ebtroDoe Willy biiiy.
Mr.. w Whitirg held tbst air. Hall should coDhoe hun
ref 10 the hob I'd motion 10 quasD 70 winch ne nSd
yet hs,d)y alluded.
Nr Hall, rtsumipg, stated that the warrant was
IA, ned Aod il WAX alleged that when DaTcie s0d
Wilkes were the odgs Russell used rous language,
sps ssid "Drsg bim cut, put him out" Judge Rus
Sell voc there, ss common'la~ rxbs, add ~oen d
ist was tbiesteDtd he old order tue men to put tne
pa out the ceIs beicg armed with the au;norty
of Court If this case we've 10 stand, the climax of
Ysfbab had been reached a. d tsere was nothing to
prevent the Judges OF the Oyer and Iefmloer ffom
being arrested 10 q similar msooer. la Al - these
neb mad bsen before toe Grand Jary with the same
evidence and the itdorsement on the ball then WAS:
~ Tfi, complaint dismissed, Nay 20, 1S5S-Hsnry
Bsyhss, foreman /" These papers, whijn oonst-
ttx the tsmp~rlpg with the Grond Jury, were bstore
tas Court, xd they would exb,bit the atteDp; 10
step the sss ec8te OF MS uODor. FUst Gas letter 10
tns GIsno Jury, and Mr.. Hsll cited Pennsy lv AMI.
care, which held that II wac m'rdeieaoor Tor any
ptIsop but Court 70 instruct q Grand Jury. In a
esc,son Of Justice Story, iDoictnen; ~as qassoed
BE- csute an wlIess bsd been eX X-tnired. IL
vorld not make much difference whether Mr.. Wilkes
sworn or not, but certain 1t was tnat his letter
90 Hall nd Nv a
10 the Grand Jury, In which the writer aLimsdvered
IN strens terms u,en the coLduct OF Jodge Russell.
A4conpaBj jirg this in the same naod Sntng, "ss an
ssstr inert, 9Th extracts from newspaper.
Thep osme list Of witI esses at The head OF woich
ere ptt r. cOrser Barnard ID tyof Tie mann Sanuel
Bre oorl and SueriG Wett. H. Hall then read the
enDn anicsiIon Of Wilkes 20 Ullmso, aud also toe
wsirsIt issued by Judge RUSSELL mir. Hall .heo read
, hs. Of other Witnesses to various pein:s, in,
members Of the press, stockholders OF
lhe Academy, and Others Bat 1t woult seem
{, ,em another letter, that pending this complaint
M. Wilkes was informed OF the proceedings
ss,pg Oh. Ar. Wilkes ia this proceeding had
ps,teDted bimsef as respectable man. de pro-
posee row TO show who Mr.. Wilkes was. 10 lS4i
ksAirg q b.woy newspaper, and he was fa tas
prosecuted by AIR. Wlkess preseAt counsel hr.
" hiuig.
Mr. Whiting objected to introducing any matter ex-
tysDeoss TO this mVtiOD.
TIE Recorder Iul,d that reference TO the lnolct-
nelts - . Dadmls~ible.
Mr.. HaIl said that Judgs Russell had acted as
70. ei in ttis after, and hsd he not seteo no
osuIo have beea indicted.
The ReoWder inquired if there was warrant ior
The air. ii Of Mr. Wilkes.
Mr. Hal said ths. Judge Russell had given his YER
BAL waIIsnt on the spOt, a. was alleged, oy saying
Arrest W:lkeJ." For these various irregularities be
n Ned sba. the II dctmept be qa.shed.
After Mr. OCoDor, ss the associate OF mr.. Hall, had
sisted the Isw upon which he should rely IN support
Of the motion, Mr. Whiting replied.
n. ,.io IA i he should NOT travel out Of the record
10 sLswer tas irrelevant assertions OF mr. Hall exoep
to .ay that spy timAti0n that Hr. Wilkes bad osen
n sioxd Tor slony Lot 30. The ohly papera Do
kIe tae Court the iDdctmest OF the Gfaan Jary
the ind. ,, ee nt ON previous complaint, end tie COL
re. between Mr.. Wllkts aud the Grand Jury
ILl bill oi the Grand Jnry in May was founded on
the o. IL plant .f John Dorcie and the pfesnmpaon
vss tpsi IL bill was dismissed because there ~ not
sLfs ut tvid, Dce; thstths insItciency ~as supplied
Sefc,e the Grsno jury 10 June, ard tnat . Dill was
iepId N, Hosor hno 20 ngnt take Judicial notice
f the fact tbat Abraham ID. Russell and tho otner oe-
tpdests we're ofB,sre of THE C.urt. Tho irngnlNty
witch hao bo. N CON plsHed Of was that M wilkes
bad complained 10 tie Graod Jury or mao undenaksn
" labor wiih them. Tbs was nots Would II Do
sxrloutly ccltel d,d that Grand Jurys s.tsntioo
q <uId Mt be cseu T. complaint without laying the
p.rsec 20 csihlg attention liable ~ an Indictment
Mr.. Wiring then snslyzed The commahHsuoe
Of Mr.. Wines TO the Grand Jury. tie sa'd
that although there were some portions wh'cn
be tb uia have advised 70 be outtee, YET were not
4 facts alleged tue' Had Judge Russell and those
psrues vertur.d 10 deny to the Grand Jury by am
csviti Mr. Wilkes bad violated no law, had rendered
hin self Iisbe to DO indictment Ard he'd only e1er.
si cd iiett which every citizen possessed, 70 call
The svelii OF tho Grand Jury 70 the f4cts. There
vss distinction between pubic proseeutions for pup
Nc e.Dsss and prosecutors gotten up BY private In
divdnss 10 redress private wrongs. 10 cases VI as
seui aud battery sSd bh-l the people were never
complain sLts except in form. They ~ere always 10
- n siuts by pT, vste indlyidukh. tie denied that