New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-03-15
THE KINGS COUNTY ELECTION FRAUDS.

At the opcuing Of the Kings County Court oi
oyor and T.rmipcr Yesterday Judge Gilbert presiding
District-Attorncy Morris moved the case Vi hoi"
Mabonoy under indictment for fraud as an officer OF
election Winchester Brtton, counsel Tor HuIc''u Pt
ties presented afidayts from himself and GtcnViie l.
Jepks with view 20 moving 10 quash the Indictments
on the ground OF the negay OF the Grand Jniy hhdhs
the indictments The ground Of the objection 10 ''o
Grand Jury was that 1t continued In sessio' anu o''
this indictment after the Court lad adJourhed' anu N
therefore not a part OF the Court. ine liz
made general statement Of the facts III The aDda'4S
The Cou Of mue appointed he h,a ~ 'a f Y
yember s9n Room in Broos,n Tpngr'a A"l' ~, @
Juy aud the presiding justice CHARGED 'n' 49, rrs5 on
,ni ny Is,a the rourt Of oyer and Justice
I1 nov, g again convened opened t the transaction
Of business aud That day aoantd TO ins O ~ 7b Of No
v.nber which DAY the Court met ahl auyOP nh pre
y 5srnsr on the Of November 1893 opened and
ADJ presided At Cont OF Oyer 'la ,i 6 f ahoui
,SoI I. on The ia ds December 1859 General Tenn OF
Ssgrtns Jo sI sa eoloued u,l the I'm Day Of De
e.'' ;le' d. ;' F'' b.,,r l.l% '-' Jqe.
GI, ), o and ,r e. femme and =, s Cont these
presented by he Gt,rl Sa3 % b caDneaeeI
op o, s"at the ah Noreuher TO meet on OF .'t ,
and held evening sessions a. "ah ree vas tsteu and ali
proceeding, sere bad which resulted ~ the Gaios & g D e i
IsS me m ds5 December 1863 None o. toe ded'' have !
placed 10 ''' % ''' KGctlrrLAroy. ,.,..,
TIL CrtrIT Iry / not
Jirt C5t ar is ,acri to Court ui proeeeog' bad D"
nrd jufy proceeding, bad 70 CONT M M the Grand Jury
t,rSy aoora Ard 'e' ihs CG, . ; =; S,s d., to o,
f. 61,ious are Thereby suspended until 'As Court Is sgah oph
for sg.e.i Oh e ,c Court ay,r ,rd Termi1er Nov H.
1859 70 10 particular day. in effect ~ aJoaInmes % ~. &
& rl VA. ended By adJouume.t the Grand jury vs' al
aue d ard al ~ iaag9S ",i b.9,p to sa monument,
Are aud each them j. nuiiy aud VOID Oil, , A. Cor,
Tourts: II can be- claimed Tat ,s4 aounMen! Of we &
Sa n Ws 40 adjournment Of the Court 10 Dee IT, then We G
Jury thereby stood sdoumei to ne ,s , 1 s and as ,i
Grar during the interval Of ,d aoa,hm.t sna J Al, The
!" @ls. 1 Ftieb these nnnt. found bad AID ne
0 rrseye we're fond ,aI Grant Jgy after sad
and be the stood so aiio1rn@i 'he ,AH P'oesl
iug are wholly ,oi sadeaeh OF SAID u1'''L'I" nun"
eiil, II. Grand jury IN some Of important ,tg' ' re-
glsl1t 20 30, our ,try within Leir established lg.is
Jusice Gbert-I don't want to near any tnh ult,ttid
,io JrrCg,Iarcs mentioned by the counsel are stltS
hv statute Judge Barnard was ASSIGNED 10 lo' ,a y
over and Tcrminer. lt was arranged ag,olu'S 10 ~
soilection that when the Grand jar! were ready 70
rrcsant indictments the court should he ofginHcu,
was here during the month OF NoNsnip'r 'ru Whiie
we coucede the argument Of the couhse, lnat VI,
Jury is part OF the court aud appended 10 ,ue Zine
CO.. ,av IrpOses aud many senses ana cases "''io
II - desirable that all control prAcitd.le suou Oo 49,,
rl.cd and over the proceedings ana r
800 nrv vel i'm practice it cannot be sara 10 DC cor
va IN Il tI,t Grand Jury may not have eGai se~
sion when the Court itself s DO, III - FOR
,css 81 me Grand jury might make u upI -, lu
nm, o adiourn IL would Toe proper for ne Grand jury
10 remain III fssso J busncss We come here aud nd
"a ~, ,.rnrd. of the Court the Grand Jury WAS con
~ an tL, first Monday IN NONeuhtf ana regularly
,tiSc.J Tbe Grand Jury continued 10 DC rttl uouy
80 barecd by the Court. They were not dschaigtu
LII no mills were received and HE'D Dy tie '1uIC
nrrin, that time they were legaI Douy' 'oISchnt,
Tor Tie sake OF argument, that TINS PidCuCe VI
npuuiu the Grand Jury for this length OF uIe i, u
rcrrlar IL Is an iIreguarity that, lu ny Jtis clt,
cn1cd nv The statute. We are not IN ithe hanl 81 sNuE
eject to these dltOry pleas The rights ol Vo P'!
W he fnv protected the trial, aud unless We sec
there has been actual case Oi pJdd'e ~ ' puod
irreculdrlty not Ia the hdbJ o 'hI'E 'I' nI''
Of plcadng The counsel VIII ind ~ the revised statute,
eyi,ress provision for these cases.
INC Court read from the statute. that any h'a 10 any
mpcrfecon IN matters OF form, should be Invalid unless
10 the prejudice Of the defendant and ihe over
ruled the motion 10 quasl ,.., 49,. ,,..so
The District Attorney then moved the trial % the case
OF Bernard Mahoucy. Mr.. ButUH raised specldI PIE"
in This case IN law II being the same raised on he mo-
ou TO ouasn. The Court Ovcrucd tlis plea lie thch
asked Adjournment to enable MI Jchhsi VINO was
another trial To attend
Mr. Morris-We have large number OF witnesses pres
and tins the fourth time they have been here ~
Court have always been ready myself ana am ready
now, and have been ready on fOui occasions with my
witnesses. They are here now. This might have been
avoided n the counsel the other eide had notified me
of the proceedings they had intended 10 take In Court 80
that these preliminary questions might have been dis
p0.cd without the attendance To- witnesses, u i
great the witnesses. have found difficulty In
getting the attendance of the Witnesses Some ~ them
look upon sort ~ farce and stay away on that ac-
count, thinking that they will not be needed nave
never made application 10 postpone these cases for mo-
ment.