New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-05-08

no disclosures as to the amount OF evidence offered
before that body but counsel has conceded that three
Witnesses were examined before that body ana that
the facts which incorporated IN written sIs'e
2ment which he says was sent to the urahd jury III
i con junction with the Indictment were among Otnei
facts expressed to the Grand Jury for their acton.
pyour Honor viii refer to the testimony OF the mdwnc
sou will find that among the facts she sw9re 70 peoie
he Grand Jury was the following one ia UNI S ss
wife in labor that il was miscarriage ana tneie
Hwould be premature birth Now how that coud oe
known to him. unless he had given her the instruments
for the purpose Of accomplishing that, Is TO the
mind of man perfect mystery: How he knew hcr
condition if it not produced by the use OF those IN
struments who would be able to tell US by what cause
Ii. was produccdi very slight cause might produce
this miscarriage but no evidence Of that was Ead
here to-day. He knew the situation she was I'M he
knew the canse she had for the services OF t.at female
he knew the cause that had produced that sltna
tom knew that it was the use OF those
deadly instruments which he lad procured
from this Mrs Potter who is indicted Jointly with MN
self that had brought about the result for which he was
then preparing Did not this all go to show that strong
the proper man to be presented to jury OF tins
country 10 tryi Where is the evidence that this was
not his child thus destroyed for even supposng
this criminal intimacy b. have existed between this
weak and this basest Of all base brothers ana
human beings, there nothing to arraign here in
the absence Of his suspicion. Ii was not heI pregnancy
that induced him to be here; he WAS not the flthcr OF
the child. II was just M fair To presume that he ad
aside his love for this woman and hated the child even
though he the father IT was to presume that ne
ahated his offspring because he supposed IL the offspring
Of al incest uous connection. In this case hah pcen
the counsel OF Mr. strorg shond have advised him
l Ito pass over this charge In Silence So
liar as his own oath concerned,
and n stand himself before this Court upon that pre-
sumption which the law stands hm-thht lie L. inlo
OF this charge until IL is made out against m DY
proof beyond a pcradyenture But when Mr.. Strong
knew tie facts which charge against bim-when be
knew that hs wife charged upon LIN IN Improper nu
macy with this rotcd aboronist when he knew that
she charged upon min that, consequence oil mat
intimacy, he procured from ,h aoortionis The mpie
ments NJ death To destroy her offspring SLOPPY because
he hated the mother Of the offspring; when he knew
its length aud breadth. what was brought against
him by The family OF his wife; when be would not be
taken by surprise IN reference TO any OF these tngs
when he knew that this indictment contains four
charges: to deny Of them ~ hot to deny
| his guilt, but 10 deny one Of four-~hat
moro oondemning evidence can be founu
against him than that lie dare not meet the
facts Of this with his OATH that he dare not give
details of the connection In any other mode than Il
done in this very meager protes'aoh OF MS NC
his aidayi To say that he is Innocent Of tie o.
nse charge ed IN this indictment l. To say noibr NJ al
There ore several counts In this indictment The mt
charges Mrs Potter and Peter X strong with causing
the death the child ~ Mr.. Strong with instruments
which are described The second count is alans, both
II them as princpas charging the commission OF the
oifense 10y the application or use oil instruments uh
known. The third count is against Mr.. Strong - a
principal and Mrs. Potter as an accessory before inc
aot with instruments which are described ana when
II the same character AS those read IN toe hrs'
count The fourth count is against Mr.. Strong as
PRINCIPAL and Mrs Potter accessory before the fact
the instruments being unknown read N the second
count Of the Indictment: Now. Of which one
AZ these sfIenses is Mr. Strong innocent 4
Couuse then adserod the powers and privileges Of
Grand Jufcs The JUICE on the bench had taught, he
said the Grand Jury Of this county that they were mol
irresponsible body and II they undertake by fraud
ldeceipi or corruption. any other improper conduct
Ia cr,s out the liberties Of the citizens will nuy
tie record they produce the very moment they are
placed upon the files Of the Court do not ask your
Honor 10 take back single letter what you have SAD ~
reference b. tie rights aud principles Of Grand Jures
but ask you while yon discipline them not to blot them
out when you tell them that they shall obey the law not
rise above the law end not Ia stfge aud crush that
lie which has been communicated 10 them by the con-
,tuiion Of this State II the choice IL ever presented
me 90 select between the corrupt few or the corrupt
one so hardened an adversary am | 10 one man
n,w-r TINT | would prefer the rule OF tie most
fessiye olgarcny that may be concei' ed OF "a tie
d spoi!sm Of any tyrant that was ever known when
y,u destroy that body Won 90 not destroy us roues
Won do not destroy its life. but you take It's life into
YOUR own breast That may seem Ia be an exrayaetnt
tomcut Of the principle which is here Involved but
il not ask you discipline this body TO adhere 20 the
which You rave proady advanced, but warn
You how you 90 further and sustain TIE fearful princ
(which Il ing5aed Ia the present motion. Tie in-tu
Ion Of the Grand Jury is oengnant ana rei 9iiul IA
si,n,ion, and IL was 50 meant o. be. The learned
co,nsel on the other side has said the Grand Jury
secret tribunal. The reason the Grand jury III IN
ref is TO make II fearless aud not corrupt. Hthey
vere 10 Iii where the public gaze would be upon them
ere the eye Of the Judge could ir0"n item INTO
almost any conclusion lie thought BIT to suggest.
thea would u not lose mat fearieS' mes,
ia Kind - secret chamber Counsel then cited a
~ of Anthony Earl Of shaftesbnry IN state Ira'
p 49, An Indictment was preferred 70 tIs "!ahd
- In the sd year II the reign VI Charles IL. los
az int tie Earl Of SALISBURY for ues on No vii.
~ s.os nj this poriod sworn In open Court snd
Lord ChiefJastco Pembertcp made tae proposition IN
ould be examined IN Court. when the foreman said
Nv Lord II tie opinion OF the jury that they ought
d examine The witnesses IN private, aud 1t balh been
4 4. IL. inns aIIlnf
ts motion be was seconded by MI PapllOn. also ne
OF the Jury who made nse Of language 10 similar es
feet. to he found on page 80 same volume lie then
called attention the trh state Trials page 5Y aud
10 the mcnt Of Mr. Holt IN the Of the Earl OF
IMacclesed. Also 10 State Trials. page 43i also tue
pe"rle at McClond Counsel then confined: The
GREAT ouson before this Court IL sha you be the Judge
of the onanEna evidence which the Grand jury
snail prefer accusaiion' lie then quoted baeAstone
9Th State Trials, page ls2 Also 70 the case OF u.
State Hr, Boyd In Ill., South Carolina Reports
II lie Court In this case shall decide the qua tIm
/ OF evidence upon which they shall commit then 1t
lis the Court that commits and not the Grand Jun!
lie referred TO the Of the State agt Reeve Ia The
1d Iackfprd page 49, After few closing resnafhs
MIR Graham submitted bis argument
/ Mr.. GRAMS Reilly.
This motion has already occupied 81 much time that
feel much reluctance In taking up further the time Of
the court will briefly notice ns 1t Is my duty tn do
SO few Of the suggestions that have been made by the
counsel ON the other side lie then alluded 20 the STATE
ment that the foreman Of the Grand july bad commit
nica,ed information. lie said II was In the first place
given by the District Attorney. Whatever he has
done here he has done openly oppressive though II be-
I made n formal application TO the foreman Of the Grand
Jgry In the District Attorneys office not to try this
case hut 10 open IL 20 that the improper view they
Ibad presented might make way for fair and
lust view and let them withdraw tho indlet-
Imen. Counsel then went over some of
the points of Mr. Grahains argument and argued that
thew all had direct bearing his and were all
in his favor. hat is my claim here' did not know.
did not inquire did not care though was glad to
learn them what your ionors views were on this sub
rct | was satisfied thar came "a court where jus
LII. h.. IfDI lA.rIN llL In