New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-02-16
THE COURTS.
THE STOKES CASE.


The monotony of the proceedings in the
Court Of Oyer and Termner, yesterday, what
relieved by the testimony In the carly part of the day,
az a very entertaining witness, Caspar C. Childs Deputy
Commissioner Of Jurors an elderly gentleman Of
rather cynical countenance, who gave a series
az dry. witty answers, which sometimes
more than satisfied the persistent counselor,
Honest John Mckeon" and elected much laughter
from the spectators and from the Judge. After
the opening OF the Court. Mr. Gerry recalled Mr.. Gum
bleon who was examined the previous day, and ques
toned him further in regard to the particular list of
Jurors concerning which there such hot contro
versy. He stated that he himself locked the baot-Dox
and kept the key it might be possible for some one else
get the key Of the box and its closet the Grand
Jurors always drawn in open court; he actually
turned the wheel and drew the ballots.
Q. Can you explain how the same names came out OF
the box several times in two years
The DistrictAtOrney objected but the Court was in
clned let in all the evidence, in the end II wouu DC
matter Of law. Mr.. Gumbeton said the ballots were
returned after they were drawn
Mr. Gerry called for the counting OF the BALLOTS anu,
under direction Of the Court. Mr.. GumDeton couhteu
them stated the ballots remaining at 232 and contlnued
The number drawn since September was 4O the paoVe
for not placed in the box later IMAM
the 10th OF September; placed them in as Deputy
County Clerk; had special order OF Court for the
drawing. except for extra panels-no order for any
regular panel only remember an extra panel Tor inns
month TIE County Clerk not present when they
drawn
TESTIMONY OF CAsrAR c. CHILDs.
Caspar c. Clds, Deputy Commissioner OF Jurors res
tilted that he had held his Office four years, under Doug
las Taylor appointed Commissioner by the Supervisors
ana Judges; Mr.. Taylor had been in Havana and was
EXPECTED back Yesterday and to-day he identified the
minutes the Commissioners of Grand Jurors contain
ing the of their last September meetings he had
under his control 80 books OF urOr26 Of those liable TO
duf md o. of he
TO q; the liability ascertaned by the oath of the
Juror the books for petit Jurors they had from 2O
to 10000 names every man is sworn there.
@. DO You that you never take mans word
when says he is exempt A. When man says he is
convict gambler generally take his word Tor 1t
laughter; but generally they were all sworn.
O. Do you mean say you swOre all those 2JOOiurorsl
A. No. Sir; l could not do that sometimes my deputy,
Mr.. Cohen, administered the oath
O. Where did the Grand Jury Commission mee' A.
In separated off by partition from their Office,
perhaps one-third one-fourth of the whole room
was not present at the meetings. saw the Commission
ers from time to time going in and out
Mr. McKeon here had the book OF minutes of that
Board identified and offered it in evidence.
The Distrct-AttOrney Directing. Mr. McKeOn read the
portion of the minutes which he thought was proper evil
ence TO show that four members constituted the Board
and a sub committee of two. the Mayor and the Clty
Judge really prepared the list
Justice Cardozo admitted all except as TO the organ
izstOn the Board, which the plea admitted TO be reg
Mr. Graham argued that all was pertinent, since it
went to the question of who justified in signing the
Who were by statute required sign did not sign it,
the purpose of showing that the question was not
While Justice Cardozo was marking what be con-
sdered substantial Mr. GumDeton announced as the re-
suit of his examination Of the list that the "occupa-
lions OF $50 OF the men whose names were on the isl
MI Chids explained that if any persons made appl-
cation him 10 be put the Grand Jury after making
careful inquiries as 10 their integrity and position, he
handed the
put the list. Probably 50 the list so handed
a ny n others haa Oa G the 80 % One Directly
he had not compared the list with the , peut
he had asked each under oath as TO his quahca-
tons under the law though not always as TO has being
intelligent and of sound mind or even OF good enaracIer
those delicate questions ana there were 9IntI
iser Oaths Assistant Commissioner and Notary Pub
he never knew any 70 Pe 1 ne on t9e ob sworn
men rs petit Jurors he generally knew the characters
Of the men Who applied TO him put the Grand
Jury list until within the last three or four years the
Grand Jury list altered but little.
the city or state? a. l suppose large proportion.
The Court did not what the object of the inquiry
Mr. Graham-we understand that this forming of the
Grand Jury is divided out among the wards as resn
lar thing. The Legislature is IN session. ana we are III
favor of reform Wemcan to show that this Grand Jury
j. rotten 70 ne core , 10 ~ tb bottom an"
MI McKeon pressed the question, but Mr. Chds could
only say that there some office holders
Mr. McKeon-How many members Of the Tammany
Committee of 1919 49,, - ,.,... .-.
have all been more less Tamnany Hall Committee
you and have been in It some years. and our character
Mr. McKeon-I was never the committee, except on
WtnessEwell, MIR. McKeon, you tried to get it.
Laughter .... N, A., ,, .i
officers of the United states and of State, City and
County Of New-YOrk; why did you let them 90 on A.
You could Mt well help when they came ana offered TO
O. Ministers, attorneys and physicians exempted
are any OF them on A. Yes al OF them Wnen an mn
other business than preach we put MN on
(laughterl: Maunsell b. Field on the list, and was
mt on afterward do not that he applied to be
put on the Grand Jury list know him; he may have
applied to the Commissioner; did not know how many
Of the Jury list of 1871 on the list of 1870.
To Judge Garvn-The names Of those VINO ask me to
board. The Commissioner asks me if l have examined
them. and suppose he submits mem 70 tne boaIu 81
see If they the petit jury list and inquire as 10
To NJ GerryThe list is in various handwritngs They
together by the Commissioner Of Jurors.
Nj Chs then Inc % %1 Sg Fed auc
toneer appears, and in pencil the cause OF eXempton
Government official" check at the side shows Ihat
lie did serve a petit juror one year.
TESTIMONY OF JUDGE INGRAHAM.
The examination OF MI Childs suspended IN order
to examine Judge Ingraham who testified that in 1871
he was presiding Justice Of the Supreme Court notice
20 attend Board of Commissioners sent TO him In
September ISL but he then out OF the city, and did
not attend the Board and had not signed the list he
had ALWAYS doubted the proprety of Of the
preme Court performing that duty so different from his
judicial duty. and had never signed the roll but once
when IT was matter of necessity this was not in 1911
Mr. Chds was then recalled. He would not swear that
Mr. Field had served as iuryman clerk told him that
The check showed that Mr. Field had served that book
showed that he exempt for a certain period ,
Oyer over was the first witness examined after the
recess He said he had resided in New-IOrk since
1862 Mayor remarked that he was the right kind OF
Chef Justice Barbour testified that meeting OF the
Commissioners 5th OF September he looked
the books did not remember that any list OF jurors
desiring presented IN accordance with