The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-12-11
LEGAL INTELLIGENCE.
THE Hill MURDER.
Notion to Quash the Indictment gainst
Mrs. Twitchen Overruled.

Brewster ana Du0lOW.-Th1B lInOrntng Mr. ana
Mrs. Twitchell sat in the prisoners dock, at
tracing at first but little attention, for doubtless
greater portion OF the audience were for
Attorney Sheppard called their case before the
"Msy il please your Honors, the Grand Jury,
on the OH day of December, 1868, presented q
true bill OF Indictment charging George $.
Twitchell, Jr, and Camilla K. Twitchell with
the murder Of Mrs. Mary e. Hill. The prisoners
are In court with their counsel, and now ask
'nIS .fobn ,neS S'RvSrn Re Sri"'s@eo;; EsS ,.,..o
moved to Gu1sh the the Indictment against
Mrs TwitChell, for the reasons set forth IN the
H. L. Coils, ESQ.,
commonwealth VS.. George S; T%tch,ll, Jr, and
the above named defendants, being duly sworn &C.
G0s6y 70 sT 9epIseS sn% pop the 9th esy Of Deoe
ber d. s6s bill OF ndicment was ionnd % Snnsv SSans
OF Phi adephis, then sttlng. wherein wherein vtv she rs rs
9hHrEsd VIM .5 TIVE day Of
that abe is further Informed snd 9eeVeS ras t
TO them 10 her case used to hud true PIE thst
Vent before the said inquest ard Illegally ad
vlsed with aud influenced the Grand Inquest TO alter
sF Sn na rae bin gSSs % i6s de- depO@en
mSve SY s ns S the soSne and Of
the sid District Aor. and not OT tn egisehce
sworn 20 aud subscribed before ms this eleventh
'%y OF December, A. D. 1885, o,,roS. pro Clerk.
Mr. O,Bvrne stated that the defense had been
applsed Of these iaos 9y Sem Sne tue by
iphe REST and only evidence that could be OBJ
tained; that is they would cal 11e 6e seas
tions of the affidavit .,,,.,.
nee, sssry for me to say much In this proceed
ing 10 your Honors; 1t is based simply upon q
neSstaper parsgrSpo WniGn s Gentlemen s @ TO inter
rogate me as To my official intercourse with the
Grand Jury. It is well known that the District
Sttorney is the legal adviser of.the,Grand Jury,
and when he is called upon by them to Instruct
them upon any question of law or any matter
their rights. he 1S bound to obey tl6lr
call. tits unprecedented that the prosecuting
paiened for doing what was both his right and
duty. This motion. your Honors, Is not only
Irregular. but It is frivolous.
Mt O'Byrne-This motion is a matter OF right.
and we stand up for 1t, This poor woman; VINO
great wrong has been perpetrated against her
rights, and In sworn affidavit she presents
that fact TO this honorable Court, the protector
of her rights. Unless the truth of the affidavit
is denied, 1t must be admitted; II 1t is denied
we propose to call aud examine the District
AttoI ney, the person who should best know
whether 1t is true or false. -
District Attorney and ask him whether not
he, in his official capacity, urged the Grand
J1dse Ludiow-Where is your authority for
examining the District Attorney?
no book I authority; nj but might with equ Al
fore ask, where is the authority for his exemp-
Judge Brewster here read an authority for the
exemption of the Attorney General from ex,
animation as TO proceedings before Grand
Judge Ludlow-Can You examine grand
Juror as to what occurs in the Grand Jury room?
Mr., Mann-No, sir; for they are sworn to keep
secret their own and their fellows counsel; but
should not be examined. However we propose
TO do all we can, and as your Honors Will not
permit us to examine the District Attorney, we
will proceed to examine the officers OF the Court
who were in attendance upon the Grand Jury.
Officer Taylor was called and sworn:-
ness that he was In attendance upon the Grand
Jury when the Twitchell bill was before them
that they would not fnd true bill against
Mrs. Twitchell and the District Attorney In.
duGed them to alter their determination and
Judge Brewster-we cannot hear from this
officer that they hesit ated to ind true bill foI
that would be to disclose their proceedings
The attendance of the District Attorney upon
them Is another matter.
Mr. Mann-We then offer to send for the
Grand Jury. and let them state the facts of the
The Court-We cannot hear them either fol
they are sworn TO secrecy.
MIR. Msnn-The books are very clear that
sut h proceeding as the one we complained of is
unlawful, and Il we cannot get at the proof o.
IL for its correction.if If wrong may be com
miLted by a Grand Jury, and the law prevents
its detection, then say, with all due respect &c
being the buiwark of liberty is all bosh.
Mr.. O'Byrne here proposed TO continue tht
matter until to- morrow, but the Court elected
to dispose of 1t at once, Judge Brewster giving
1t as his opinion that no grand juror or othe
witness could be called to prove what was sale
before the Grand Jury, but that the rule did no
apply SO rigidly as TO third parties, who mgh
amined a wife against her husband, or that they
had received bribes.
Judge Ludlow concurred in this opinion SC
far as 1t held that the affidavit of grand juror
could not affect the finding of his fellows. bu
he could not, as at present advised, hold tha
proof could he made fwhat had occurred Wthfr
the Grand Jury ROOM
Mr.. Taylo was then sworn, and the following
examination was made by Mr.. Manu.
Q. Were you in attendance upon the Grand
Jury during the time they were considering
GheT Twitchell bill? A, was.
q. Did you after the examination of eact
witness go into the room at the tap of the bel
to see what other witness they wanted? A.
did not go in.
O.. We're you in the room at all !? A. 1 was
Q. AT what part OF the examination HaC
one witness been examined, or several? A.
paid ne attention to the witnesses that went in
O. Were you in after they had called all the
witnesses =? A. No, sir.
q. Did you see the District Attorney in the
room any time while you were there?
Mr.. Sheppard-I object TO this question, az
the beginning of breach of the privity of tine
intercourse between the Common wealth's At
torney and the Grand Jury. Every public Off
cer-lhe humblest constable-Whep he does ar
official act is exempt from any examination
as to the person who advised the act; aud
claim that the public prosecutor of the Com
Inoi, " S....s . ,os.s 40 ..See%%is ise exempt from
such an examination as this
Mr.. MRpn-We do not inquire into any
secrets; IL there is a secret, IL is the Dlstric
Attorneys. We come In here and complain o
a wrong, and / cannot understand why thu
''t ATTORNEY refuses To be put upon oatf
70 answer as TO the Jruv. " ou' ooi Td ns nnr a.,
we are TO be stopped at the thfesnV.- -, 80
the nTotection of the law Is q farce. Ii IL wa
wrong for him TO urge the GRAND jury. ~ wa
wrong for him TO influence them; and ii ne ha
done ej her 1t is right that we should know II
The Court-The question is incompetent be
canse It is irrelevant for 1t is the District AttoT
navis duty TO be in attendance upon the Gran