The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-02
Judge Ingraham Denies the Motion to
QuaSh the Indictment.
The Coroner and Grand Jury
Fully Sustained.
ConstiluiiOnality Of the Oyer and
Terminer vindicated.
Pleas in Defence and Mitigation
by Stokes.

and Railways leading to the oyer and Termrer
Court were filed by an eager ana impa-
tient crowd waiting in the expectation OF a
decision OF the motion to quash the indct.
ment against Stokes. or course with most or those
present the predominant desire to Stokes,
who, 1t was well known, 1ouid be brought Into
Court In case Judge Ingraham, who was 10 render
the decision, was ready. As soon as the doors were
opened the crowd pushed III TIL every seat and all
the available standing room was occupied AT half.
past ten O'Clock the prisoners counsel arrived anu
shortly were followed by District Attorney Garvin.
Hardly had the latter gentleman taken his seat when
Sherif brennan came III, followed by Edward S.
Stokes, the prisoner, and four Tomp's officers
charged with conducting him from his PRISON cell
to the Court AS usual, he was dressed with scru-
pulOus elegance, and assumed his wonted air OF i'm
passahe coolness and unconcern; but 1t did not re-
qure the closest observation 10 notice lurking be-
meath that seemingly impasslve exterior full reaza-
ton OF the seriousness OF his pOsiuon.
Judge lngraham arr we'd ut eleven O'Clock accom-
panied by Cher Justice Mosher OF South Carolina,
who took seat by his side on the bench. on TAX
ing his seat he at once stated tha since The last ad
tournament of the Court, he had given as extended
an examination as he mad been able TO the matter
OF the motion 10 quash the Indictment AGAINST Ed
ward 5. Stokes, and that his conclusions were ad-
verse 20 the motion, and thai he must therefore
deny IT, lie added mat he had embou led his views
and conclusions IN written opinion, copies OF
which the counsel could have. The following Is
the opinion In ul:-
JUDGE INGRAHAMs OPINION.
The counsel Tor the prisoner moves 10 quash the
indictment found against The prisoner Tor murder
IN the first degree upon various grounds, VIII
For various Irregularities OF the Coroner,
Tor irregularities Oh tue parl oil the Grand Jury for
supposed improper Influences ac,ins on the Grand
Jury to procure the Indictment, Tor several legal OBJ
Jections 10 the ACTON OF the Grand jury summoned
Tor this Coult while the Grand Jury OF the Sessions
was continued by tIaL CouII. THESE ODlcc.
lions propose TO notice particularly In their order.
ALLEGED IRREGULARITIES OF THE CORONER
in holding the inquest. These FIRST the INTRO
ducton or Mr.. Field as Juror whose name was not
the list OF those directed by the Coroner 10 be
summoned; second, The preparation or Il verdict by
them neore the examination OF the witnesses was
concluded; tnlrd, the return OF inc evidence and
verdict 10 the Court now III session instead OF the
next Court after The inquest The duty oil coroners
IN taking nquests as To persons wlo found dead
ana III cases OF vnicides Is now the subject Of satu
Tory provsions tSecond Revised Statutes NTH edI-
1ion. +. L0s6 Their culies are declared to be
1whencVer he shall receive notice that any person
mas been slain Or has suddenly died, or has peen
found dead under such circumstances to require
an lnquisiuon, TO summon a lury, which Jury
and when ana where such person came
to his death. and who such person
aud into all the circumstances attending sucn DEAN
or woundlng and 20 make a true inquisitlon" me
jury are 70 act on an inspection OF the BODY and
alter hearing the testimony, and IN their iuquision
they are TO ind certify who was guilty OF tue
homicide and In what manner There Is very little
difference between this description o. ms duties IN
the statutes ana The duty prescribed by the
OF 4 Edward l., where II consists OF 6rsl inqulring
where any person is slain or dies suddenly or In
prison, concerning the manner ais death; ana n
any lie found guilty or the homicide lie Is 10 commit
such person 10 prison for trial a b. Com. 347.i
IL IS apparent nom this statement OF the Coroners
duty mat he u not 10 try The question VI guilt
course OF the judicial proceedings before him.
the prnGiosi object OF examination ul Is to
Of the homicide, ana n, In the course OF
such investigation the evidence shows any person
TO be the party who caused the homicide he is re.
Tor has arrest In the same manner as any magis-
the offence. The finding OF the CorOners JURY aoes
not establish the quit OF the accused nor l. I.
tended thai the investigation before the Coro1sr's
jury should be made for any such purpose. &C.
merely to ascertain whether the party Implicated
should be committed Tor trial. Even the lecssslsr
OF such inquest ny Jury Is now In measure dA<
pensed with, ana the Coroner Is authorized 20 ae1
without such jury IN his discretion unless Fegzle.
70 summon jury by other processes. tAcs 1871
Chap. 42C, think, therefore. that the procesir1rs
before the Coroner cannot be used IN any IIg "a
AFFECT the subsequent proceedings before . GRAND
Jury. or az ahordlng my ground Tor wnlc1 IN II
dictment may be quashed 1t Is not material 10 Ill.
VALIDITY OF AN INDICTMENT
that there should he a C0r0ners inquest he3n- n
fac: such an Inquest cannot be held unless c.r
coroner can only act super rjsuDa corpors. Il =
murder should be committed In New York and TIE
BY the Coroner unless the body could be brought
within mis- jurisdiction. An Indictment however,
might he found, and such Indictment would be good
without such Coroner's Inquest. In the People VS..
Brady, Parkers cond. Rep, Ola, 52a. Bacon, j.,
liminary, the main purpose being TO as.
has been committed. and 10 procure che syidence |
and examine the facts aud circumstances while |
they are ali fresh and easy OF Inspection All the |
ends OF The inquiry insured ~ an inquisition |
s,tpeT utsunl co'poriS." Now IN that case II was held
that even n the Coroners Inquest terminated IN the
discharge oI the suspected party proceedings might
be taken before magls rate Tor ms arrest aud ex-
would form 30 bar 70 such an examination; but an
original proceeding might be taken TO procure an
Indictment before Grand Jury. Ia The People VS..
Hyles u Part Con. Rep 5o5l Judge Cr0Ic held that
an irregularity on the part OF the Coroner In reus
Jug the prisoner an examination when demanded
aid not aneci an Indictment found " Grand Jury,
And denied mouou TO quash an indictment that
ground. Ihts uiotion Is also made on the allegation
UnpUE isrLyENcE nEronE the oRASD JURY
that the jury were influenced 10y evidence which
had been taken IN the case Of hansnea and that
MI. Fullerton, one OF tine counsel, had been a wit
ness III the case OF Mansfield. The whole OF these
charges are based mere inference derived from
the tact tnal the complaint against stokes anu
Mansfield had been partially examined before them,
and that Nj. Fullerton had been examined as wit.
ness IN the case, and also mat Morgan. who had
ness IN the conspiracy case No other iact is stated
In connection with the indictment for murdcr, and
the only matter relied ON Is the belief Of the prisoner
that these witnesses appeared before the Grand
Jury as pretended witnesses TO influence tneir ac
ton 10 the present case mere oeleI OF the prisoner
NO SUFFICIENT REASON
% warrant Court ID quasnmg an Indictment;
Jury misconduct in their proceedings II should be
basel on some stronger evidence tnan mere belef
arising from suspicious OF the prisoner. The pre-
sumption Is thar these Witnesses were called before
the Grand Jury by subpoena. The mere TACT that
tney were unfr1endy 10 the prisoner IS no warrant
for any imputzuons either against them or the
Grand Jury. IN fact, the papers do not even snow
thai esleT of these witnesses were before the Grand
Jury aver the homicide occurred. Tie remaining
question Is AS 10 the eject OF the statute OF 1870
proyidfuz Tor Two Grand Jurles IN TINS county at
The same tine. Grand Jury was enpsneied
ior the General sessions on me Gun Of
November 1871. for the November term OF
tnst Court. An order OF that Court, male on
the -sth november, 1871, continued tue season OF
Tat court TO December 10, 1871; on That Cay they
we're extended 10 December 30, 1911 and rom