Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-03-04

The TRIAL OF THE STOKES GRAND JURORS
islover, and those dangerous conspirators have
escaped for the present the consequences of their
plot against the life of the innocent and, ac-
cording to Mr.. Graham, excellent man, whom
they absurdly charged with the murder of the
late Fisk, Jr. Judge Cardozo announced on
Saturday that he had concluded to decide the
case without submitting any question to the
jury. The consequences of pronouncing the in
dicment invalid would be to destroy every in
dictment found since September 1870, and this,
though not decisive of the legal question, was
serious enough to make it the judges duty to
endeavor to sustain theaction of the grand jury,
if it could be done in accordance with legal
principles. This he thought was possible. IT.
Iegularities in drawing the grand jury were
proved, but the statute provisions neglected or
iranSgressed were held to be directory
only and not essential to the legality
OF its organization, and there was
40 testimony from which it could be inferred
that the prisoner had been prejudiced by the
irrcgularity. The Jury were therefore directed
TO find verdict for the people on the issue pre-
sented. Stokes counsel demanded that the jury
should be allowed to retire and consult but the
Judge declined to allow it. He did consent,
however, TO give stay of judgment for twenty
days, in order to give the counsel opportunity
to present the questions to the count of last re-
sort, and time to prepare for the trial Of the in
dictment. Time was gained, and this was all
that the prisoner expected; perhaps he has gained
more than he expected, for a new indictment
would doubtless have been found within the
time which is now absolutely secured to him.
Some curious scenes preceded and followed
this disposition of the case. AT the opening of
the court, MIR. McKeon and MIR. Graham of
Stokes counsel appealed 10 the court for protec.
ton against the enemies of their client, with
whom they assumed that the court room was
packed. They feared an attack upon themselves
or upon him, and Mr.. Graham, with much pa
thos, suggested the danger that shot from be-
hind might strike him down in the midst of his
labors, and end his career of el0quence and use.
fulness. Soothing assurances from the court
and the sheriff quoted the apprehensions of
these gentlemen. The next departure fiom the
ordinary dull decorum of judicial proceedings,
which, however, in New York courts, are neither
so oppressively dull nor decorus as is customary
elsewhere, was made by one of the jury who,
when the judge announced that they were dis
charged, rose and asked his honor to read
newspaper paragraph which he presented and
which appeared to have hurt his feelings Mr..
Van Holland, this was the jurors name,
seemed much excited, declaring that he
had met the mob and twice put his life in dam
ger for his character and seeming pardonably un-
willing TO run any further risks of that kind. The
Judge could see nothing in the paper which ought
10 lacerate the jury's feelings, and Mr. Van Hol-
land then submitted it to the counsel with a re-
quest that it should be read aloud. They only
smiled, which drew from Mr. Van Holland the
apparently irrelevant exclamation, " Oh, if
had rich father, l might be judge myself"
Mr.. Van Holland is not quite destitute of sense
and discernment, for he muttered as the Jury
left the room, owe have been kept here month
and they might as well have twelve men of
dough-" This is very true, and if by any chance
the jurors were not all of that description, it
was not the fault of the jury system or the ad-
ministration OF the New York courts.