The New York herald., 1870-03-15
THE IMPURITY OF THE BALLOT.
Tne Brooklyn Election frauds
Again in Court.
An Attempt to Evade Trial by Technicality-
Motion to Qpash the Indictments De-
MED and the Cases Set Down
for Trial on Friday.

The Brooklyn election fraud cases came up again
In The Court OF oyer ana Termlner yesterday morn
Ing District Attorney Morris having complied with
Ihe order OF Justice Pratt requiring hm 10 furnish
the names OF gentlemen examined by the Grand
Jury. Mr.. Winchester Brilton the counsel, appeared
IN court yesterday TO argne motion, OF which nc
gave notice some time since, to qnash the indict-
rnents. There was large crowd OF spectators,
including number Of local politicians, IN the court
room and an unusual interest was manifested
District Attorney Morris called up Barney Maho-
ney, one OF the accused, TO plead
Mr. Britton thereupon arose and said that as the
District Attorney had called Mr.. Manoney up Tor
arrangement became necessary for him. as he had
heretofore announced, that ne would al the proper
time make moiionto quash these indictments The
motion which ne made one which not only re-
lated to this case, but which related 10 ali cases
relating this particular subject. The question
winch he proposed 10 raise was preliminary, IN
oruer that the District Attorney migut understand
distinctly The point and nave an opportunity 10
reply 10 IL. He then read Il prepared statement OF
wnai he claimed 10 he te facts III tue case ana upon
which he based h.s molon. The statement was as
f0ows:-
The Court OF oyer and Terminer appointed to be
held in and Tor the county or Kings Justicc Barnard
presmin9) met the sth day ot November, 1862 in
the courI room IN Brooklyn, enpanelied u Grand
and Petit Jury, aud presiuing Justice charged
the Graud Jury on that dag and they retired To tnelr
room. The court tnereupon adjourned On the
18th OF the same montn tue tonrt OF oyer ana Ter
miner Justlce Barnard presidngl again convened
and openea Tor the transaction OF business, and
that day adjourned TIL the l0ih. On tne iotn II
again met, transacted business ana adjourned TIL
The 17th OF November on Which DAY the court met
and adjourned. the crler OF the court making
proclamation OF such adjournment. lnc presiding
Justice (Barnard, Oh the 22d day OF November leos,
opeued and neu a Circult and presided at q Court
ol oyer and Terin,ner IN the county or orange,
winch sad court or courts We're continued Tor
about two weeks ON the 18th day OF December
1859. General Ierm or the Supreme Court was he'd
III the county oil Kings, composed of al the JUSTICES,
including Justice Barnard aDd continued To SIT
Fsa IpN
Term adjourned SINE die ON the iath day OF De-
cember, 1869, Honor Justice Gilbert ana the two
Justices OF sessions opened Court OF oyer and Ter
MINER and at sgch court that day these lnilct-
ments Were presented by the Grand jury einpaneled
as Aforesaid on the lSlh 00y oi NoVemuer.
Meanwhile tine Grand Jury nan commenced on or
about the lytn OF November TO meet on or alter
four O'Clock J.. NJ, and held evening sessions az
which meetings ana at such evening sessions the
witnesses were sworn, the evidence was taken, and
All the proceedings We're lad Whlch resulted Ia Tue
nnding OF these indictments, ana WhcA were All so
found after the 18th day OF November and on or be.
fore tbe l7th day of December, 1869. None OF the
defendants nave yet pleaded 10 any OF Ihe liuics
ments.
Judge Gilbert asked if there was any dispute OF
these Iects.
M. Morris said that the facts were not conceded.
The Court would take notice OF the record.
Mr.. Brtton tnen resumed his argument and said
that tnes mouon not a technical one II was one
which Interested every bouy, ana IL Involved
distinctly and suuarey the question whether
or not the Grand Jury as organized here
IN the State OF New York was an inde-
pendent body, which could sit Independent OF The
moned; whether 10 could proceed ana swear wit
nesses and ind indictments when the judges
or the court were hoalng court elsewhere,
the court Itself having been adjourned;
and wnen they ecs through win Their
labor, can the court again convene having held a
Term elsewhere and having sat N General Term Ia
the meantime, receive their indictments ~ reg
MAR and goody tie then entered into Il lengthy
argument IN support oil MS motion, commenting
upon the Grand Jury system. Whle II was not ne
cessary for him TO claim IN these Cases that the
Grand Jury could not SIT after the court had adj
journed IRON day to day. he asserted that IL could
not remain III session ana find oils OF indictment
unless the court 70 which IL was attached anu
OF when it formed constituent part
was IN session. When the court declared ad
journed from that moment The power ana iuncnous
OF the Grand Jury cease, and tney could no longer
transact business. Mr. triton argued that there
were three modes by which Tins question could be
determined winch were entirely distinct their
character. First, by examining into the origin and
history OF the graud ry system ana ascertaIping
functions; second, 10 conclude from The nature
or iuncbons wnat It's Character was; tBird, the
authority.
Is not an iLdep pendent body but an integral part OF
the court, attached 10 the court and proceed
ings had IN the Grand jury are proceedings mad IN
court; second when tie court ~ adjourned sine 0ie,
the Grand jury Is thereby adjourned SINE dte also
and wnen the court " adjourned 10 particular day
the Grand Jury - thereby also adjourned 70 that
day at least It's functions are thereby suspended
until the IS again open Tor business on the ad
journed day. third, the ADJOURNMENT OF the Court Of
Oyer and lerniner, November II 1869, TO no par
tcuar day, was, IN effect an Adjournment OF the
court sine dte. at AL events, by sncn adjourn
men5 the term or the court lapsed aud was
ended. By sucn adjournment The Grand Jury
was adjourned sine die, and all lt5 functions
expired with tnaE adjournment. These Inducements
having all been found subsequent to sad ADJOURN
ment are. and each of them Is, q nulllty and void.
Fourth--Or il Ii can be claimed thar said ADJOURN
ment OF the court, November II, was an adjourn
ment or the court to December Is, then the Grand
Jury thereby stood adjourned TO the same day, or
at least functions were suspended until the con
vening Of the court that day: and as said Grand
Jury met during the interval OF SAID Adjournment
and the oaths to Witnesses were administered, and
the testimony was taken, and all the proceedings
whlcn these indictments were found were had. and
the SAID indictments themselves were found by sad
Grand Jury alter said adjournment and while the
court stood adjourned, the said proceedings are
wholly VOID, and eacu OF s3Id indictments Is
Duly and OF no effect flth-lhe Grand Jury, IL
some OF Inportant features, Is rerugnant
our institutions. ana is power and authority should
not be extended but confined strictly within tnelr
established limits.
District Attorney Morris made no reply 10 the
gumeDt.
Judge Gilbert said that at most the facts as set
forth showed merely ifreguiarlty III the proceed
ings, he therefore overru.ed the motion 70 qnash
the indictments.
After some further discussion the case OF Mahoney
was set down tor tria on FRIDAY mufang next.