The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-02
Stokes PLEAS.

NE <sza.9. being delivered, Mr.. McKeon, on be-
Ia q. M stokes, submitted the following pleas,
Kssr rassR me Court adjourned till next Monday
And ne said Edward S. stokes, in his own proper
person cones into Court here, and having heard
the said instrument purportng to be an indictment
read, SAYS
That the said Court now here ought not to take
COMPLIANCE said alleged murder and felony IN
me sand instrument purp0rns 10 be an p nd
guilty thereof, nevertheless the SAID Edward 5.
Stokes says that on the eth day Of November, 1871
the Court Of General Sessions OF the Peace. IN and
for the city anu county OF New YorE, duly organ
ized and commenced term OF that Court, previ-
ously appointed and known as It's November term
for the year 1871, and on that day duly empaneled
Grand Jury IN that Court according to law, IN and
ssw BODY which c rae ely Jury au wa. GG Sn
there duly sworn ana charged with inquring
and directed Dy the said court TO inquire
or iable IN the county OF New YORK, In the state OF
New YORK; that the said Court OF General Sessions
Der term OF that Court, the same having peen con-
tnued and extended according TO law, aud that the
and cIrected IN that Uouri as Aforesaid has ever
since II was SO empaneled, sworn, charged and d.
recied, continued 10 We aud acted as now, Is the
Grand Jury III and Tor the body Of the city and
county OF New York 10y the orders oil that Court.
from time 10 time made, prolonging the existence
ana continuing the sessions thereof; that at all
times from the time Of the empaneling OF an las
s,umed( Grand Jury by this Court at the
by the assumed ordered OF this Court-to wit
from the - day OF december, 1871, 10 the - day OF
January, 1879, and including the 18th day
or January, 1872, on which day The sao Instrument
pufpoTtng TO be An indictment " as presented To
ana hled a. such In THIS Court the said Grand Jury
so empaneied sworn, charged and directed as
Aforesaid IN ana W the said Court OF General Ses.
| SONS was the sole and lawful Grand Jury No ana
| Tor the body OF the city and county of New Yors
and the only GRAND jury IN the county OF New YorK
throughout or during the whole period OF i,s exist
ence 10 which the said alleged murder and felony Ia
the said INSTRUMENT purportng to be an Indictment
could be lawfully submitted, or which could prefer
inquire into or OF all or any crimes and IN, sdemean.
ors committed Or ulable IN the county OF New York
under the constitution ana laws OF the State of New
| York; all winch was ana Is 70 the great damage
wrong and prejudice VI him, the said Edward s.
| Stokes, ana THIS he Is ready 10 verify.
| SECOND PLEA.
| wherefore, because the said alleged bill Of .ndct.
mept Was not found by any Grand Jury duly EN-.
| panencd, sworn and charged 10 inquire for the
| people OF the state OF New York, and for the body
OF the county OF New York. at the SAID :erm OF the
| Court Of oyer and Terminer, ct which the SAID
instrument purporiing to Ue an indictment purpOrts
10 have been found and presented because the SAID
| term VI the Court OF Oyer and Termner, at
winch the alleged Grand Jury Aforesaid were mpan-
| eled and sworn. was appointed 10 De held by the
Juslces OF the Supreme Court OF the state o! New
YORK IN and for the First judicial district, by q
certain order by said Justices duly made according
10 Jaw. on the ian day OF November, 1859, which
said order famong other appointments OF courts to
be ned In ssid district for the years 1870 aud 1871,
and assignments OF Justices 70 hold the same) ap-
pointed . Court OF Over and Terminer. to pe