The New York herald., 1870-03-08
Tho Brooklyn Election Fraud Trials
Again Delayed by a Snap" Deci-
sion on Forgotten Motion
The Names Of Grand Jury Room
Witnesses to be Revealed
sharp Tilt Between District Attorney Nor.
ris and Defendants Counsel-Charges
and Counter Chargcs-WhO ''Runs"
the Court 2-The District AttOr-
uey Refuses to Obey the Order
OF Judge PrGtt-The Cases
Again Adjourned.

In the early part Of January last Mr. Wine hester
Bruton, counsel for the parties indicted for COM
hitting frauds In the counting Of the vote Brook
lyn at the fall election. made motion In the Court
Of Oyer and Terminer Judge Pratt presiding for an
order from the Court commanding the District At
torney 20 furnish him with list Of the witnesses ex-
amined before the Grand Jury and the testimony then
ssksn in these cases. The public expected pronps
dscision but as weeks passed on and none was rem
dered many people forgot all about the cases which
at one time occupied so much public attention.
TIM WITNESSES BEFORE THE GRAND JURY.
Yesterday morning, however, at the opening OF
the Court Of Oyer ana Terminer, before Judge Gill
bert and Justices voorhees, and Johnson, Judge
Pratt unexpectedly appeared on the bench And rem
derod sort Of "snap" DECISION In which he granted
that pare OF the motion Of counsel for defence
WHICH motion, by the way, had been entirely for
gotten-requring the District Attorney TO furnish
the names OF the witnesses. An order was issued
compelling him to furnish them two days before the
trial Of the cases. The Judge then Immediately left
she bench, and was seen no more. What the next
move VIII be to secure delay time only can de-
velop.
The court room was thronged with spectators, in.
cluding number OF local politicians, who expected
that there would be some "fun.n In this they were
correct for after several other matters had been ds
posed OF the cases came up again, on Q motion OF
the District Attorney to proceed with the trial of
Justice Buckley, one OF the indicted parties Mr..
Britton objected.
District Attorney Morris addressed the Court say.
ing:-There was motion made In the early part OF
January last before the Court OF Oyer aud Terminer
to compel the District Attorney to exhibit to the
Grand Jury. ana also TO furnish the names OF the
witnesses he proposed to examine. The Court OF
oyer ana Termi1er before a which that motion was
ther heard Of the motion until 1t IS anno1n ced
this morning before another court Of Oyer and Ter
mner-ann0unced by the Judge who then presided
1t that Oyer and Terminer / had noticed number
OF cases for trial this morning and notified counsel
bringing those cases on had subpoenaed my Wit.
nesses and made preparations to proceed,
not supposing for moment that there would be
any further attempt at delay In this matter. saw
counsel on SATURDAY. No intlmat0n whatever was
given mo that there could be any delay; but he
or the arrangement or something to that effect
to 20 ON with the trial. AT all eveDts no nttmatlon
iher delayed. isnbpGnaed large number @ T Of Of WIT
nesses spent my time to get ready to try these cases
and came Into court 10 try these cases TINS morn
tug, when the motion that was made then ts
decided, and they seek upon that now
further to postpone the trial Of these cases.
appeared in court ready to try t these cases; SsH
but every time have appeared something Ia done
g throw them over and 70 delay me IN the prosecu
that 1t is time that there was an end put TO this
arrangement-to this trining with tho proceedings
justice in this matter. why was not notified that
this decision was to be made when the witnesses
nesses told the parues serving the subpGnas that
they should not and It would not be necessary to
attend because there was something behind 1t, and
the cases would not be triede Why this
THRILLING WITH JUsTICEf
. NOW, say 1t ~ wrong, and radically wrong, that
these cases should be further delayed and can tell
counsel here now that he Will never see the list OF
witnesses until call them in court the trial Of
the cases.
.7I Mr.. BRlrroN's RErLY-sHARP LANGUAGE.
Mr.. Britton, who had smiiingly listened to Mr..
oar saving that the nsrc Aoey haa noes Ies
him that these cases would be brought up con-
secutvely for trial this week. He then went to
circumstances. The Court had decided that In the
refusal OF the District Attorney to furnish the list or
the witnesses before the Grand Jury he violated Le
law, or. in other WORDS 1t mad decided that in law
and justice counsel was entitled to them. Now, II
there had been any delay, 1t was delay which the
District Attorney had caused by an unlairness,
which had been 80 stamped by the decision OF this
Court. Mr.. Morris lad seemed to think that the
counsel on the other side had decided this case.
WHO "RUNSn THE COURTy
He begged to inform the District Attorney that he
did not seek to run" the court as he (Mr Morris)
did. The Court had not made the decision on Friday
NOR on saturday, and he had no intlmat0n as 10
when Il was 70 be made Now the Court had
and Justly entitled to the information asked for
When the District Attorney asserted that he sought
we're last term eight or nine cases IN thus court ready
for trial, and Mr.. Brltton claimed tnat urged Mr.
Morris to try them, both IN and out oil court. Now
the District Attorney notices only one or these cases
out OF the whole number. 1t was not Tor him to
come there and say That counsel hsd delayed the
TRIALS. MIR. Brltton challenged anybody to show
that he had thrown obstacle IN the way,
and then continued by remarKing that this
Court mad made an order directing the District Ator
ney to furnish him Win list Of the witnesses two
DAYS before trial. He shakes his red nag and says
counsel Will never get the names OF those witnesses
tnfN 20 Ad In vQat
be. 1t might be that the learned District Attorney
was above this court, but he wound ind out BY and
self had rights there, and when thls Court made an
order ne would comply with 1t. ......
MR. NORRIS HAS ANOTHER SAY.
Mr.. Morris replied that Mr. brittOn seemed to ina.
CINE that the order made was final and conclusive
lie thought not. The counsel had said that
but counsel knew that he had appeared in
tnc Court OF Sessions. with his witnesses ana
was ready ana INTENDED to y the There
the Court OF Oyer and Terminer. Counsel agreed
positively then that the should be set down for
did not plead to the indictments that he wanted 10
make motion to quasn, ana II that m0tlon was de-
cded against hlln he would be ready to proceed to
trial without delay.
.1ls QUESTION OF vERAclTY.
mr.. Brlfton interrupted Mr.. Morris saying that he
stated that which was false
hr Morris replied that he stated the truth and
Judge Troy would state precisely what he did, be-
Judge Gilbert said that it aid not seem TO be very
german to the Issue.
Mr.. Morris said ne wanted to show the object
The defence mad selected six cases. and the others
were not removed into the oyer and Termlner until
the following wednesday, the day before ne was to
proceed to try the Cases In the Court or Sessions
MIR. Morris charged that the job was put up to make
him try the smaller cases. ana II ne sbond fail in
Them the defence would nave from the lst OF January
10 this term and herald 1t forth i'll the Community
that there was nothing In these election frands
He also charged that the furnishing OF the names OF
the witnesses to the defendants Afforded cnance
for them TO operate those witnesses. The object
was plain. He knew that caucuses had been held
and jobs put up to tnwart him, but ne nothing
Tor them. The defendants said tnat these prosccu-
lions were persecution; but when he went before
Jury OF twelve men he would soon show them
whether IL was or not.
Mr Britton would have spoken again had not
Judge GADert tntmatcd tnat enough mad been sad
His Honor stated that II the charge were true tnat
there had been sysematiC effort the part OF
prisoners employed as public officers to pervert
the elective FRANCHISE and commit frauds upon
popular rights, It was very desirable that tney
should be brought TO trial at once. There was an
order made by the Court OF over and Terminer re-
curing tnc District Attorney to furnish the