The New York herald., 1872-11-02
YORK HERALD SATURDAY 1s72-TRIPLE SHEET

NEW 1UK]
TO. sympathy with Mayor Hall might have been.
ana no doubt was, the prevalent feefng; but not
OF any one present. For sople mnutes even after
the refinement OF the jWy the universal silence
preVaiied, ana was only sroken when Mr. Tfemalne
coming trials on indictments founded upon the
charges oil fraud aaasnst the members OF the old
ywfaD,s COMING TRIAL.
r, mr. Iremsin addressing tne conrumaoar ca,oar
Tweed and others. had hoped that we might
proceed immediately to the tria ci IWeea Inc me
baiIsraen to have Tweed here day after day for the
purpose OF pleading to the indictment anu 10 nave
ea Gay sed or s ta pt Was gng
and 1t was impossible TO break ia upon pt
IT, mad hoped to proceed n, ts m9fnng' Hnnar bas bas
other engagements, and that 1t win therefore
be impossible to proceed now. on the part OF tn the
sonabiy early day for the prosecution OF this in
dictment. II s the earnest desire Of the prosecu-
! ton that all against whom those indictments nave
been found be brought trial and their cases dis
posed OF without unnecessary delay. would be
| November consistent with your other engagements
and as might give the defendants sufficient Tune 10
! iIonor's attention to the subject and hope that
| Your Honor may not entirely adjourn the term,
but fix day for the trial and disposition OF those
| cases.
Judge Brady--I am not certain that will be able
TO hold the oyer ana Termlner TINS mOntn. DOuDt-
| less you know that am assigned to the General
Term, and the business OF that Court, think, win
require that sit there the whole month. am not
| BILE, however, but some Judge from this district
may come here and hold Oyer and Terminer, and
| so far dispose OF a number OF indictments.
win adjourn the Court to next Monday fortnight.
Mr.. Tremain-In the meantime only say that
the business Of this Court for the term, ana that
other Judges be procured for the other Court.
Judge Brady-Very well, sir.
/ ADDRESSES THE COURT.
After Mr. Tremain had got n through s,d Mr. Hal he
an as as oer s made IN the beg
ming or the trial. and which was acceded to IN the
saa Of the 5 ha
the defendant had aseparate trial. ask whether
that order appears on the minutes. II s the usual
duty OF the District Attorney to see that orders OF
that kind are entered. II they have not been en-.
tered, respectfully ask that they be now entered
Judge Brady-No impropriety in that II the
order is not on the minutes 1t must be so entered.
with his counsel Mr.. stoug6ton. the few oitcrers
who remained to the last immediately disappeared,
ana the theatre wherein was enacted the legal
| drama of The People and their Chief Magistrate
was left once more to solitude.
Tho Jury observation-disclosures State.
ments by Several of the Jury-Seven
for Conviction, Five for Acquittnl-Thc
Ballot Never Changcd-N0 Feeling but
| That OF Duty as Citixcns-A Most Ami
cable and Cordial Discussion, but q
Drcadfully Uncomfortable Room.
On the discharge OF the jury in Mayor Halls trial
the Clerk of the Court, Mr.. Sparks, informed them
that II they went to his office, at the Court OF Gen.
eral Sessions, their certificates would be given to
them. None OF the jury knew where this office
was, and HERALD reporter volunteered to direct
them. In the walk along the vestibules Of the
Court House and across the Park to the General
Sessions Court, and the Clerks office, an oppor-
tunity was afforded the reporter to have conver-
sation with nearly all the jurymen. The substance
OF that conversation Is as fOlOws:-
Mr.. Charles J. Brill is German, and was the
foreman OF the jury. He was asked how the jury
stood.
Mr. Brill-Seven for conviction and five for &C
quttal.
Mr.. Brill--Immediatey we retired and had taken
our seats in the room we ballOtted and that was
our ballot, without any comment whatever by any
Reporter-Did that continue as the result Of your
Mr.. , Briil-It was never changed From the mo-
ment we entered the room to our appearance in
Court that ballot was never changed. We tried 1t
many times during the night, after long discussion,
Reporter-You told the Judge on behalf of your
fellow jurymen that you thought it was impossible
for you to agree presume that was your con-
Mr. Brill believe if we had been locked up for
three nights, or any time, the result would have
Reporter-Is there any objection to your giving
me the names of the minority, MI. Brill
Mr. Brill-Wel, sir, there is a kind OF tacit under
ena US ad d s ms % mo
conscientious in his belicf ne was not influenced,
IN my Judgment BY any other feeling than % that Of
should respect each others confidence.
/ THE POINT OF DISAGREEMENT.
| Reporter-What was the difilcultyY
| Mr.. Brill-Our trouble was that we could not
agree upon the wilfulness. think we might have
even in the consideration OF that, we differed as
to the character OF the Mayors neglect; Some Of
been no proof by the prosecution that he had not
audited. 1t was in the consideration OF that point
ssenographers u notes and Id which the Judge de-
c!ined to let us have Fthink we might have come
to a conclusion If we had had that evidence
Reporter-Were you all agreed on the question
Mr. Brill don't think any one of the jury ever
suggested or wished TO suggest that the Mayor did
what he did fraudulently.
Reporter-Do you mean was a party to fraud or
participated III the results OF the fraud
Mr.. Brill-Nonc OF us took that ground or believed
it. 1t was entirely question whether his neglect
to audit was done wilfully, without any reference
At this point Mr.. Lyon, another of the jurymen, a
in the conversation.
Mr. Lyon said II was one OF the minority, and |
have done myself, and which thousands OF city men
do to-day, signed warrants and certificates ON the
faith Of an audit by some responsible person.
Reporter-Then you took the ground really that
the Mayors duties were simply ministerial, and
that in that view he faithfully performed thems
Mayor was called upon to audit and did not do it
then he was guilty Of willul neglect. On that
not prove that he did not audit II was to satisfy
myself and Others on this point that we wanted to
Reporer-Then do understand that you were
all satisfied that there had been neglect on the part
Mr., Lyon-Yes, think we were, but we we're
all under the impression that we must define the
character Of that neglect and when we came to do
ful talk, believe when We went to ballot 1t al