The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-02-07

EmPancni.nN OF the GRAND Jury.-Tse-
markS o. thc I1ecorsicr upon the D~sass
and Responsibilities OF Petit JosSrs--
Prlsencrs Plead Guilty OF varisus Of
ssnces-The Examination ina thu swee-
ny-zsrooks Case Indefinitely Post-
psned, Sc.
Before Recorder nssmaa
me February term Of ths court wasSpened yesterday
morning, Recorder Hoffman prcsid1e motion
nnaAc by District Attorney Ha Tor On additional panel o.
ashsasanA jurors, rcturnsAae nszt Monday which was
ssanted TIE panel Il Grand Jurors was then called
and swsra-Mr. Edwaa Cooper having been selected as
Foreman.
Recorder Holman charged Inc Grand Jury upon the
usual topics and In conclusion said that there were
pubic questions upon which he felt his duty 20 bring
before their attention sxccpt one, which was growing 70
be very great ev IN this community, and which
directly witAin the observation oe the Court That s
saA he the dncufty in the nrss place, a procuring
jurors to do the duty which the law imposes upon Them
sufficient number'cf men who have ahstained from form
party The experiences q this Court, Scr some months
past has been that In cases OF murder the circum-
Che crest d who are summoned a Jurors to
try the when their called take the stand
here and testify under oath that they have formed an
the prisoner casual observer would be impressed with
the idea that many Of theee gentlemen formed an opinion
70 insinuate that such 10 the fact with any considerable
numbered them; but do V be understood as say
desire hat the Criminal Court sha 60 on with their s.
ness-that crime shall be speedily tried that guilt shall
is the duty q sne citizen 70 abstain FROM
forming an opinion In case where Il is possible for him
TO do When gentl men read the morning evening
papers, In which they nn0 an account Of homicide
r having been committed Gar they should read II ss
sion upon their minds would be made by the read
ing Of any article assumed 70 be true but allowing
conduct to make them say when thew come upon
oath 70 discharge their duty a. jurors that after reading
be) they have formed decided opinion In regard 10
the guilt innocence Of the accused know that is
impossible for men 70 read statements Of these in
the papers without being somewhat impressed more
less with the truth falsy Of the charge but
very well that IT is within the reach OF every intelligent
duty Of juror when he reads account OF any hom
eide or any case in the newspaper 70 70 himself At
shall abstain from forming any decided
opinion upon the guilt or innocence Of that man,
heard what may be said for and against him, then will
express such an opinion as the law makes incumbent
on me to But when men who are liable to discharge
jury duty form opinions about In this way IL be-
comes necessary for the Court in ANY which has
particularly int rested the public to summon one two
perhaps three thousand jurors out OF whom to select
twelve men Of sufficient intelligence to try the case who
will say uader their oahs that they have formed
opinion upon the matter. These remarks made TO Grand
Jury may seem to out of place. because II is
anything with which you have to do; you cannot mako
rect the evil But this Is the op1v wSy 'J n
which the Court, in the discharge or its
itself heard to those who attend the for the pur
pose Of doing duty jurors and to the public who are
presumed TO take an interest in the matter If the
OF bus ness the men Of various occupations the
OF leisure would, while they making complaints
against the imperfect administration Of the law or
admnisrat OF justice in midst undertake to faith.
fully and fearlcssy discharge the duties which i'm
occasion for them to make complaints II citizens who
thus complain endeavor to shirk from the performance
not expect that those who charged with the admins
traton of the laws the evil II the remsrks
have made I'M IN the hearing OF the gentlemen who are
side are needed the end had in view in making them
VII WI DC reached they are not shall feel perhaps
The Grand Jury then retired to enter spon thedis-
charge OF their duties.
PRISONERS rLEADED GUILTY TO VARIOUS oFrRNCRs
Mary Monahan, indicted for grand larceny, pleaded
valued hundred and ten dollars from John Brown
At 81 Mulberry street. on tho 18th Of January Most Of
Eliza clifford pleaded guilty to attempt At larceny
IN stealinga piece OF alpaca, worth fortytvo dollars,
or October detective arrested her and brought her 70
the headquarters OF the police where Of the clerks
e sas ss
Whitehead, 10 Dey street, on the oath Of December,
vests valued at twenty eight dollars Az that
the prisoners nrst offence plea Of petty arceay
Philip Bessers, indicted FOR felonious assault and
weapon with intent to do bodily harm. Ellen Lynch,
the complainant who resides at No 40 Mott street.
planned that the prisoner fired loaded pistol her. the
ball taking effect In her thigh
All these prisoners were remanded for sentence
The only case disposed Of BY the jury was an indct
Henry Fink opposite lager beer saloon In West Thirty
seventh street. on the oath Of July, 1884 Ths corn
lotp
lowed out Of the saloon by Ebere and his friends and
that the prisoner stabbed him in the lsg viii pecket
knife nnicting such severe wound that hs Wa -
The witnesses for The defence established an easirey
for the prosecution John Coles swors shas h was he
person who stabbed the complainant but that be al
parties had u she lager beer saloon xfter Is" Recorcr
charge the Jury only debcatcd few moments before
rendering verdict Of not guilty.
THE CASE OF swEENY vs. BROOKS,
The preliminary examination In the case Of Peter
sweeny against James Brooks for libel In charging
that he received money TO be used in procuring the
before Recorder Hoffman At one O'Clock the counsel on
both sides, and Mr.. Swecny, appeared In court The
for the purpose Of dsposns Of the matter His Honor
remarked that he noticed In OF the morning journals
that there was civil suit pending which Is likely soon
To be tried. He inquired II that was the fact
Mr. Lawrence replied that the was Joined abort
two weeks ago Ia the Court Of Common Pleas and
thought the case might be reached In May.
MT Waterbury, counsel for Mr. Brooks, said that
although Mr. b. was absent he anxious TO proceed
with the examination. MNMt
Mr. James Brady said that the defendant made
chalcgc 10 Mr. Swccny 10 produce testimony as TO one
Of the libeous ALLEGATIONS, and he now ready and
anxious TO adducc IT,
The Recorder said that there civil suit pending
and as there was likelihood Of II being tried within the
next two months he did not feel like doing the work Of
the civil court In advance He therefore suggested that
the case be indefinitely postponed
Mr. Waterbury stated that Mr. Brooks was DESTROYS
that the matter should be disposed Of speedily pos
.sible
ing IT,
The counsel both sides acquesccd in the suggestion
Of 1he Recorder and left the court
Liability OF Brokers.