The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-29
STOKES GRAND JURY.
Opening Of the Case for the
People.
A PrOtracted Session and Adjournment
Till This Morning.

Judge Cardozo opened the Court OF oyer and
Terminer at eleven O'Clock precisely yesterday
morning. After some unimpOrtant business was
disposed OF the case Of Stokes vs. the Grand Jury
was called. Every seat in Court was occupied. and
large number OF persons who were unfortunate
enough to arrive late thronged the corridors out
side and were with difficulty Kept back. The prl-
soner was, as usual brought from the TOmbs at an
early hour and taken TO the Sherif's oflce, where
dressed In the same tashionaply cut clothes which
ne mas worn hitherto. but looked much paler
tnan ne did when fresh from his hve days
absence q excitement In The Tombs. That weary,
paggard look Whlch first struggled to his face when
s sstsa @ 5 s tSe vsn
best hum0r. The prisoners counsel were present
In full force, and presented an imposing front.
Court. Inc "twn specials" VINO guard STOKES sat
behind HIM with folded arms, and Appeared 10 be
deeply Impressed with the Importance OF the role
that they played In the great farce. Sheriff Brennan
was present, and occupied seat near the bench.
The proceedings were enltvened by personal at
were examined yesterday.
me precept by which the Grand Jury was called
certificate. This closed the case for the people.
MIR. sparks, the Associate Clerk OF the Court OF
General Sessions, was examined by Mr.. Gerry,
Stokes counsel His examination was merely
technical as showing that Court OF Oyer and Ter
miner had been held by Judge Barnard in 1871.
This was proved by reference to the records OF the
Court.
THE ooNsTTurIoNALIrY OF THE GRAND JURY
After the examination OF Mr.. Sparks counsel for
the defence read the conditions under which the
Grand Jury should be called together under the
statute. One Of these conditions was that every
member OF the Grand Jury should be a citizen, and,
commended counsel, that implies that the Grand
Jury should be sober citizen. ''Now," con-
tnued counsel. 'the gentleman who, on the stand
yesterday, told US that he resided on Manhattan
Island thirty nine years and five days was not a
sober man, and was not in state OF sobriety even
when he gave his evidence to yesterday, as your
Honor doubtless nOtlced.n
THIS part OF the cOunSels speech created quite
q sensation In Court. The counsel then explained
the condition under which O Grand Jury panel
should be. he said that one OF these conditions
was that the panel should be drawn by the Commits
siOner or Jurors, which was not done, ana he would
upset the whole proceedings or he would stake his
whole professional reputation on The result The
panel IN this case was drawn by the Deputy County
Clerk The law said "the Commissioner of Jul ors. -
Any man might as we'll draw the panel as that
clerk and ne had not met the lawyer who aid not
say that 1t was so. Counsel then grew very eloquent
generally on the maadministratlOn OF Justice.
talked or the EVIL Influences which are brought to
bear by bad men to prevent the even course OF the
law. and finally, In apology Tor delaying the jury.
dropped into classic aphorism to the effect that
nothing Is long provided the end IN view Is gained.
Counsel occupied the whole OF the session up to
adjournment in argument. The case Tor the people
VIII De resumed THIS morning.