The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-30

c % colonSr spoke 4 the close OF the proceedngn
before the Last mentioned Jury his counsel INDUCED the hope
The Court Of trial. until the attest momentthe first Monday
him that during the , Of Of the public
detsrrins to feeling when sound legal policy dictated
the contrary course.
s sas' the %hos:
& s Gas
he came forward almost at the last moment voun
'..;s Ii: further i.5
Sas sssS and SssSe be
s "
n soaS ana verify
a. 5 Sa: and
r. IN 70 the Jury S sSs Sy
ssm have nso andns the
Of %sr "ord o q. . ans 70
deponsnt and that this done with the knowedgs and
dsponen.. coua:ei protesting placed
o r. sDs rs . II:
the Jury should have the whole truth.
pending ss,is:: him ri: Court vas. e
nsc,sd with The pTo:scuon nqmn.y in behalf
this aeponen not from snS wrong he ever did tSem but
because he familiar with transactions in which they
s ss S'sn sa1 concerned the of which they
formed verify believes James Fisk, the deceased.
maker Of more malice and revsnss Ignoring the PaS hs
s9a helen .s.':
hs 2. ne q those
he same Grand nd jury T who found the
against this dsponen. That in the Judgment Of ths dspo
Of deceased and his witnesses to the
charge Of aGan, him and The SAID
jsct Of Che indictment IN question A.. =,
son:pir.sy before he Grand Jury ssT the
with view to him
ss s .nq s A be =:
witness among wisae:ss: before As Grand
IS ssss 9 sa
Ps%s e Mr. wa% '
%s Of n s Elm
seSnsny So was made upon this BY Mr.
Which s
Sas on or about the sS day
and AMOR complaint ss served rSS Sch h:
copy g hereunto annexed marked schedule d; thu.
AZ soseSer That fon
valuable Of this deponen through his relation Of
r. and
leading TO the question and Sp PREPARING the
ss the 10
" % On h% 81
ing his influence and power counsel against him
verify believes Indictment me- wa. preferred
said charge and conspiracy on or about the
And this deponeut further saith that he been
and h verify y" .od ne u no r
fore tina! body than before the coronsr's Jury
verify relieves Grand Jury for the county Of
New York wss y D @ IN the o. Of
that s
Ss y ss % w
Der &c. ls from which day they were similarly extended to
That As this deponent Informed and veriy be-
:san. esponsnt BY the body claiming be the Grand
whose Wines TN
charge conspiracy did heretofore deponen advised
Of
day OF December last past and made an aaday AGAINST
in schedule bearing lie name Of said Morgan aor.
g sss. s q: fa s e:
Mr.. JOHN McKEON asked. at the conclusion OF the
reading OF the afidavt whether the District Attor
answered by that gentleman that he had none.
Mr.. McKEoN-We will then consider them uncon
Counsel went on to say that IL was very sad thai
40 denial could be made OF the facts stated IN The
adav he would ASK t1e court 20 quas9 a- fn rs
lating for the sitting Of two Grand uries was uncon
stitutlona; and that even II It were not unconstu
an order 70 vacate the presentment for homicide
and send the case back 10 another Grand Jury sit
General Sessions could not he said, give their at
| tentiOn 10 matters sent to them from the Police
| of the Legislature requires them to swear TO one
thing, and calls upon them to do exactly In 0ppo-
Uounses argument went principally to the ques.
ton OF the uncOnstitutonality OF the law OF 1870
allowing two Grand Juries for the county OF New
| York. 1t was q local act, and, while appearing to
regulate the session OF Grand Jury, in reality II
confined the jurisdiction OF Q Court.
Judge Ingraham Said:-'There was time when
| the General Sessions adjourned on the opening OF
the oyer and Terminer and did not hold court dur
COUNsEL-The answer to that is these are sensa.
! tt0nal times.
Judge INGRAHAM-I believe they are.
| COUNsEL-And sensational law is the greatest
| evil tnat could exist IN any community.
next spoSe Of ms ~, not being aS
much then as he had read during the last forty
eight hours he would have allowed himself TO be
transmitted to prison rather than have rerrained
| from defending his client The statute says that
sci at any court or justice, and that was court.
| He would now give notice that the next time ne
was employed 10 eczema any man he WOulu apear
| before the COrOners jury, and would not be re-
| moved except by brute force. 1nis measure he was
| determined to carry out at any hazard, and would
! abide by the event. no matter how far 1t might
| take him. The whole facts before the Grand Jury
| were garfield lawyer being introduced on 1t who
| had not even seen the body Of the man on whom
| the Inquest was held; the Coroner having trans
mitted the papers with such rapidity to the Grand
Jury; that body being previously prejudced
| in as witness, VINO could only speak as
to facts which he learned from the prisunel
| hfmSeif
| the Grand Jury was what was taken before the
Coroners jury without any new facts as to whether
the deceased had been armed at the time not, M
| would ask the Court TO quasn the Indictment, ant
hoped it wOuld take due consideration OF the facts
| stated In the AFFIDAVIT, and also OF the fact tina
| there was no denial OF them.
| Mr. MCkEON and Mr.. BARTLETT both made a few
| remarks. after which the District Attorney com
menccd his argument by giving q statement In de
/ ta oil the SHOOTING and alluded tho case tnf