New-York daily tribune., 1858-11-12
LAW INTELLIGENCE.
The INDICTED CITY GOVERNMENT OF 1857,
COURT OF OYER AND TERMlNER, Nov. II.
Before Judge MULLEN.

The People sst. Fernando Wood, ct al
TIE motion to qussh the indictment against the
MAYOR and Common Council of 1857 was called up a.
the opening Of the Court this morning. The parties
were represented by Counsel as follows: joseph Blunt
and ex-Judge Whiting for the People; Chss. OCoaor
and ex.Judge Dean for Fernando Wood; Richard Bus
te.d for the parties indicted holding Office; Mr.
Graham, and Brown, Hall & Varderpool, generally,
for the defendants not in Office; Waldo HachiDs for
Warner and Hu1t; eX-Judge Cowles for Mr.. Frankln;
Edmond Blar kman for Steers.
Mr.. A. Oakley Hall said that he appeared, IN con-
necton with John Graham, counsel for the ex men,
bers Of the Comm, Council, and that they moved 10
quash the indictment the following grounds
Fiat: Tho, the Grand Jury which orgnsted te Indictment
illegally 'unmoned, and illegally organized and Illegally
seeond That opportunity vas afforded ,hs defendants
any Of them challenge any Of the said Grand Jurors OF the
7l,d That complain, made 70 the Grand Jdry
sgansi the,e defendants OF any OF them ana 10
ed sased. y '''' ''-1 'f'-
FOURTH: That the District Attorney and private counsel
n seiion founded upon precisely the same mh''e'
this Indictment, AID himself originated aHd
Grand Jury ali Of whieh four grounds are more
ary set forth il the SAID adaviis, and neeny SPPsi -
Fs That it appears abdsvits and ,he record that
Ills did acquire urisdeon of the said '
act cf April "a 1855 LAW. Of 1855 p ss 5 and there
ir- without legal eosDzance Of the same =. face
neher il the first second counts thereof ael- o iss.s
sIy sufficient legal Of ofsnse and hat the a cu
each void for dnpoy and redundancy OF the |
per-ctons Of stating and decflol9t -h1
oseI all Of which which sufficiently APPEAR on ne
MIR. Busteed said the grounds OF the motion ID o"haii
Of bis clients were substantially the same.
Ex.Judge Cowles, D addition TO the GROUNDS gfe.
sented by Mr. Hall, offered affidavit showing thal
Mr.. Franklin was not present at the time The resolution
voted upon. He suggested that, under .ns n. 81.
cunstsnces, II was hardly proper TO PUT MI rranAh
TO the traverse of the indictment. lie wcnh nvt re-
cede from any position taken by tnseo-de'eh1an.s'
and would deny, if necessary, the rght o' ,ne Soi,
by criminal process to interfere witn Inc .eg '1-'e
fuIctions of the Common Council .lo
Nr Blunt said the indictment was 'olid uPonI .no
testimony Of the Clerks Of the Boards, ana e! Tue
lanes they reported 10 be deceased was SUI ken OUT
but one name of deceased member had eesn over
looked and left in 10 the great merment OF me c'un
sci for the defense lie had learned that tle yeas an
nays were called in a slovenly manner, az he olu ~
wish 10 punish members who were wrongly reeo'"eu
BY II at -,
Mr.. Busteed Paid Mr.. Haswell, still - member of
the Common Council was present ana od no. w. s..el
but was unwilling TO avail himself oi the pea lnsei
by the District Attorney suggestion he "o1ii uoI
sfrk his own responsibility upon the snoaeefs % me
officers If the Board. .L,,.
Mr. Hall said Messrs Hemphil and orr othsl Noad
e afdavts that they did not vste Cd Tie passage o'
the resolution. .. .o.t