The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-16
How Grand Jurics Are Empan.
elled and Sworn.
Deputy County Clerk CumbletOn and Deputy
Commissioner Of Grand Jurors Childs
on the Stand.
Another Day of Legal Technicali-
ties and Quibbles.


counsel the technicality OF The law prescribing
the mode In which Grand Jurors shall be empaneled
and sworn to 'true presentment make'' IN all cases
submitted TO them. There was very evident fall
ing or In the interest hitherto manifested in the
progress OF this from the TACT OF the conviction
that has gone abroad that not Stokes who Is upon
trial, but the Grand Jury who indicted him. In this
latter there is no interest," as if even in the OF
result against the pros ecution another Grand Jury
would be Immediately entrusted with the duty Of
hearing the same testimony and coming. no doubt.
to the same conclusion arrived at by the Grand
Jury now on trial.
The prisoner seems to gather fresh courage In the
absence OF the crowds that awaited his arrival on
the previous days and watched for his guarded de-
parture from the crowded court room to his lonely
cell In the TomDs The first business yesterday
morning was the production by Mr.. Sparks Of the
list OF the Grand Jury OF Oyer ana Termlner en-
paneled December II, 1871, and discharged Janu-
ary, 1872 This
DOCUMENT WAS PUT IN EVIDENCE.
In reply to Mr. McKeon, Mr.. Sparks said within
the past two years the same persons have been
drawn on various Grand Jury panels; he meant as
to the general method of drawing them, but could
not remember any particular names.
THE GRAND JURY LIST.
Mr.. Gumbleton, Deputy County Clerk, re-examned
by Mr.. GerryThis list which produce OF the Grand
Jury, filed September 8, contains $40 names nclud-
ing the erasures; there are sixteen erasures don't
know who made them.
O. You say these ballots are drawn IN Court
were they ever drawn in the Clerks once? A.
Never when have Deen there.
O. Who locks the wneea A. 1 do
Q. Does the Clerk have the key? A. Sometimes
he has IL. but keep IL in q drawer In my desk.
O. Is 1t possible Tor any ono to get that key In
your absences A. IL Is, sir.
Q. You give notice In the newspapers that the
panel viii be drawn; do you have any persons
besides the clerk waiting to see what names are
Q. Who turns the wheel' A. lido; then return
them 70 the Commissioner of Jurors.
q. What becomes OF lnem Them A. Idont know.
Q. How do you explain the same name turning
up on the panels several tunes within two years.
The DISTRICT ATTORNEY having made an objec-
ton to this line VI examination,
Mr. MCKEoN Appeared TO His Honor, and said this
was one OF the most important questions ever pre-
Judge OARDozo SAID he had already decided to
take all the evidence, as the shortest way OF getting
through the case, bu: 1t would nnay resolve itself
into question oil law, whatever course they took.
COUNTING THE BALLOTS.
Mr.. MCKEON-l now call upon the witness TO
count the ballots IN the box.
Judge CARDozo-very well; count them in open
Court
the witness then counted the ballots and found
Mr. GERRY-Now look at the book Of Grand Jury
panels ana see II 43o jurors nave not been drawn
since September o. A. Iaere was:
q. Was The name OF Thomas J. Barr, for which
there was at first no ballot inserted in the boxs
A. 1t was; my title is Deputy County Clerk;
betty uros tor oyer and Termner and General
Sessions were drawn on the same day as the grand
lots we're positively placed IN the wheel by me Le.
fore the 10th oil September; only had one order
TO OF in n e c
was not present when1 drew that panel
the WAS a 70 son 'as
lions In the list Of september Q. The number was
s ..r nvn,Tx Ccwwrss,oNrR M JURORS EXAMINED
Caspar q. Childs, Deputy commissioner OF Jurors,
examined by Mr.. Mcheon-rne Commissioner IS
Douglas TAYLOR; he was appointed i've years ago by
the judges; he Is expected here to-day from Ha-
yana; l produce the book OF minutes OF the
under my control twenty-six books Of names Of
liable jurors and twenty six OF exempt jurors
grand and petit jurors-lcttered. A TO u; 1t Is no.
body's business in our once to ask the Tax Com
missioner whether Jurors are assessed Tor real or
personal estate; we get that from the juror under
oatn there are rs, 900 names on our list on these
books; as general tnng swear the Jurors.
wouldn't you take hi his words T. If a man told me
be was IN State Prison oud believe him.
Q. About now many did you swearS A. About
o, Were you present at the Board Of Commission
ers In September, lS7lS A. No; they hold 1t IN
Q. VINO appointed you and your deputy, MIR.
CohenS A. Inc commissioners.
o. winch OF the Commissioners was present? A.
the book OF minutes was then rendered in EVIL
depce and the District Attorney objected.
Mr.. McKeon SAID that book exactly carried out
the averments in his seventh plea He called at the
formed him he Couldn't get It, 1t shows read-
ingj that the 9th OF september Mayor Hail.
Chief Justice Barbour, Recorder Hackett and Judge
Bedford met aud formed O board The Commits.
sloner or Jurors presented list OF petit jurors and
also las our plea avers "a list OF persons desr0us TO
serve as Grand Jurors'-whicn last Is the one we
refer to our peadings as an irregular list, com
pOsed by person or persons unknown and unauth0.
rized by law. because the Grand Jury should pc
selected from the Petty Jury list The minute then
states that on the motion OF Recorder Hackeit Judge
Rarbour the Chairman, appointed q committee Of
two, consisting OF Judge Bedford and Mayor Hall,
to make out list oil names, not more than thou
sand or less than six hundred, to serve as grand
Jurors for the year. ON the 9th September 1.-THE
cOmmlttee reported the names OF - cltizens." 1t
was originally blank and was filled up IN pencil
with '662." would like 10 know who tiled II up,
Judge Cardozo received IN evidence ali that Mr..
McKcOn read, except the names oil the Commits
soners VINO were present. II peng wne
said 1t appears that the District Attorney does not
ne various In the seyentn plea
Grand Jury list, with the single exception tnat ne
AYERS that they are good and lawful men," and on
prisoner, Mr.. Nc Keen, says he wants TO have the
issue put TO the jury whether the requirements o.
taken by the District Attorney y tantamount to say
ing 1t don't matter whether the law was complied
with or not, they were sworn IN as grand Jurors,
Oliver Dyer was examined as to his name being
on tue ,hs adSress gwen as 7O Nassau street.
winch was the old Tammany Hall.
A NONRESIDENT.
witness declared he had not resided IN this coun
" since 1852; has been in Minnesota, and Is NJ "
In Westchester; never received sunn y. ~. ~
on the list; his only snpposItlon Is that one Gay IN
July last he was IN Mayor Hairs ONCE, anu LIE ~,
Honor said ne had put or was gong 10 put nls
name on and witness asked the Mayor whether ne
had the power 10 do 50, and the Mayor replied yes
he believed that was lett to him, and said, IN III
usual complimentary way, that he wanted gehte
men on the Grand Jury,
CHIEF JUSTICE BARBOUR EXAMINED.
The next witness called was Chlei Justice barbour
OF the Superior Court. Judge Cardozo asM a,,,a
counsel would awe the oath, but counsel repne'
this was capital case and 1t would be invldi0u
10 make distinction between witnesses. lie wa
then sworn. . 49,. -.,,n.,