New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-01-17
KINGS COUNTY ELECTION FRAUDS.

The case of the persons indicted by the
Grand Jury for Illegal voting during the late election in
Kings County came up in the Court of Iermner
before Judge Pratt on Saturday morning. Dr. "ncheS
ter Britton counsel for the indicted parties made mo
ton pursuant TO notice previously given % the District
neses d TO have tile testimony taken before The Grand
Jury He said that motion would involve iee essrnuai
Whether the proceedings Of The Grand Jury were regular
and according To law. Second, whether TIE prs
ouer ia entitled to the names or the witnesses
sworn before the Grand Jury and third whether ihe
prisoner is entitled know what the testimony before
the Grand Jury has been against nm In support OF
making the motion lie read affidavit or some OF me
defendants swearing that they needed this information
pro6ecdncs before the Grand Jury have been irregular
Mr.. Britton then made The following points Sn'stia
the books, his argument being very eNhiu-Ne on tle
Grand jury institution. HIs Esh.lai Nv 60, as 80, 80
the feature OF entire secrecy 81 the Grand july
The votes Of the Grand Jury were lot asked
only the testimony aud the names ~ vitnesSes
IL within the power and province Of the Court TO grant,
this motion. The Court has general and entire contol
over the Grand Jury and its proceedings The sect fea
of the Grand Jury which IN some OF Inc sae' does
not prevail, based wholly upon GROUNDS % iAe pueno
policy and has frequently been released when public
policy required II, or when public policy 10 longer re-.
qured its enforcement and private rEht atMahltd ls
relaxation It has been strictly enforced. eXeps
In SO that Grand Jurors have never been asked 70
disclose how they voted Any person indicted las
right object Ia the proceedings OF Grand Jury d ths
indictment against him was ire gullry or egIly I0ud
aud the citizen has always been allowed be largest D
Observation-Disclosures Morris IN replying said that he had
made preparation nor written ans points, ana no
Thought none were needed 70 reply the anomalous
notion which had been sustained by single casa
Court could not that the Grand Jnry took any
minutes There ne law requiring the Grand Jury 70
take minutes II they do 10 Is no part II the record Of
the Court He had seen no case IN this State which
the question had been raised, except IN one cls 10 ma
sSt come into the Court with greater poprety aud
ask the par furnish HIM information 10 whers
aud when their fOrgerles were committed The DhtHct
Attorney said that The defendants also Lad witnesses
that would like know the names Of bat be I'D not
did ho suppose the Court would order then. TO-
Justice Pratt told the DstrctAuouey that tho motion
for the defendant not addressed 10 i 'cIeton OF
the Court Tho INST question 10 Dc eoiieIeG va We
ther the Court had the power to make F 7ucA order
The Court only OF oyer and Term l' although
Judge Of the Supreme Court presided mother que.
ton whether the defendant as matter uT "a" coud
The District Attorney continued saying that be would
TO those points. He wanted met "a SHOW tno
absurdlty OF the motion He said the nreN les lh
puted to the Grand Jury had not been specified ana
therefore there could be no Information II me COur,
wanted information as TO the method li whlch uraha
Jures kept minutes, could show them some specimens
in his office, although they were not pIOl eOFdS ne
Grand Jury not bound 10 keep any rec ri or hue
the Court presumes that they lind then D upon comps"
tent testimony. aud that Is all ~, NJ. ,...-n.x
Justice Pratt-I am with yOn, Mr Disirct-Attorney'
that is any law requiring the examination De-
fore O magistrate. 80,
Ex.Judge Henry A. Moore in association with the Dis.
trictAttorney. then replied to some OF te k prVpo
tons reiterated the statement Of the 'iIcA'lor
records OF the Court and the Court Lad 10 % to nedds
with them. -
The case quoted by Mr. Britton in Whl-ton's Grim
Law was not applicable this case That pa sage, 40
SAID has reference the indictment itse, Aot to the
minutes -,
Mr. Brtton at the conclusion OF Judge Moorss address
clamed that the Court possessed the -Leeht lcEeIn
grant the motion from the power ~ has over Tvs gNp
Grand Jures aud even the District Atoru ey WHO'S
an officer OF Court The defendants Ony aked whst
had been already done.
Justice Pratt asked the counsel 10 hand thelr points
Mr. Britton said he no desire delay tAns3 trials "
this uouon-that he would be Away sready.
Judge Moore said hc would prepare his POINTS.
Court then took the papers aud reserved the dec