The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-10-27

Carter Carter. en-. A ylemie'iei, Henry Iienseen' ~
Gns%eer,sn cOrnsIIns GOS.,s Js%s, DAILY Ella.
pee ssS s.S1;t TR2% Jack
Dec =, lsee-Court. on motion Of District Attorney,
Jon Is 'a asrarped on second ndiemSs for murder IN
frst degree and pleads not guilty
Mr.. Graham then offered an andsyit presented
be ore dgs Bedford in motion TO quash the in
die nett on the ground Of fraud on the part OF the
second Grand Jury.
had already been rejected by Judge Bedford This
ended the defence, aud The Court adjourned.
The rejected document was as follows:
xiSrziSos EFFORT TO ouAsu rHE ISDicrprNr.
Gi sonf Of . ss sc c ss
Of, Of New xork az THONGS Jackson sir lake reIcs
ne Coroner. nau.ition. The ndleimeat. aud Al "a:
u % f Ss, asssrsSa
he ds.cpdanL therein. whether Med tue oce Of tue
nsy o. "a. comfy, vii be made 70 hi, Court
. Psr n. .ne hn Spe ny m sas
Centre streets in The city Of New YoTi, on the IN dSv
sss9Ps HSn Sss S3 IL: az
~ fope sgsn, ne defsndnn, on the "a Day
ana ma, ,he indc,meh, found against ihe deendsnt
The pry er aud only irdetment sgsinst the defendant
edg SuSss re s spT menSSeS ndemsn
her S: nEas s te 81 nc ara 3T sa9 s,
Among othcf ground, /; will b. claimed upon the ar.
That M cond Indictment Of the defendant W. sub
That 1t was maud upon the action OF the nr.t Grand
ina, We. rand upon the defendants rights under
ysI,a9a;; ma efoSSssS ~ PIsiaaiss vhlSS da moi
R:,ss ss siy VIZ KNITTING, ATTY for p.r,
snd county Of New York. '' w
wx. '. KISIzISG's AFFIDAVIT.
The Court OF General Sessions OF the pesce hed IN
snd &c county sSaly 81 9 S RaS Rilns of
counsel Tor tie dSisnisSi above nsmSd who wa, in.
dS'@ % SS sw over on and SSv rfEms Tor Tor
tallcsedl In'rsaugh,er In the nrs, decree, and
g. lalcF d murder IN ,ss rr't decree &C. ina,
No,cnn6i TO- isg. That the two indictments originate
z same trsnsaction and were Intended TO present.
segt vas sagSr'sded o mashed by an oraer OF hs
tine the defendant wac srrairnsd upon and pleaded
rot guilty. 20 tue tec. nd Indictment WITH ne c1lrts;
be vi III .mgn doicudants eeunsc saw ~ and his
l,.t, asserted in any shape or form ey might deem
Ind the tcporent further t.lh That the District
ATTORNEY Of the county OF New lork.s the quash.
ing OF The nst indictment. ans the night 70 try the
Ina 60 isr as his dep9ment can n,certs n i inffmed
All BELIEVES thc only Terrence between the te.i n9nl
sId s6coaa indictments Is ths, six OF The witnesses ie.
iort NE Grand Jury on i9e nnlaS q nc selond in
ns Of " r0 ar. es'oGG Saa eoay ngon h
familiar with the testimony gwen before the CoIoner's
| Jury aud that the most untaVotabc witness to the
decn aut On the judgment ad belief OF this depnnent
before that TO ~ was Michael BrAnngan who CAS-
tr depo' ent u informed and believes ned
before the Grand lures. That the two additional wit
nes,eS who ella IN to have been exsmia.d before the
second Grand Jury did not give testimony In the judg
ment ana belief OF this dCpUnCnt AggraNatng tie
aga nst tie defendant A. much the evidence OF the
said Brannigan, That this dcponent has no actual
knowledge that six witnesses were cNtuirei before
the second Grand JuIy nor IN fact a. TO now many
wee 50 examined. nor does he Couccde that sN were
20 examined but he insists that state Of facts
fuIuished to the nd Grand jury calling Tot or js
uyiug arcversal Of the action OF the nrst Graud Jury
That In the Judgment and belief Of this deponent and
his assoc ate counsel The second Indictment against the
cefcndsnt was uncallei for. oppressive unjust, AID
heated nom The frequency Of alleged nom cidcs aud
That l. not TO ne taken as q more correct present.
ment BY The indictng body than the nst Indictment
That the motion referred to In The anneNe notice
maze IN good iNth not for the purpose Of delay and
under the uHited judgments OF defendants counsel
that t their duty to make It. That nc defendant has
no as yet been called for trial. and that he hi
made nry ar lcatlon TO thc Court IN postpone his
trial. That the defendant has been from the tr
his arrest IN confinement. That this depunent did
know OF the ntst Indictment anst the defendant
Until week or so before Dec q, 1859. and that he did
not know oil the nDdng OF the second indictment until
ne lay Of arTaigEmcnt Thai the defendant
requested to plead to the nrst md ctnent.
WILLIAM +. KNITTING.
sworn TO before me this sIh day OF March. lsiO,
Notary Pubne New YORK City aud County.