The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-15
S T oKEs.
Commencement of the Trial OF the
Grand Jury.
History of Grand jury Ahairs-HOw the
Impugned Jury Was Drawn-The
Call OF Witnesses.

me third davis proceedings and the commence.
ment Of the trial IN the IN which the legality OF
RE Grand Jury who indicted Stokes is to be de-
s,ded by petit jury, opened at half-past ten O'CLOCK
yesterday morning. The irst notable parsonage 10
arrive was the twelfth juror, sworn Yesterday Isaac
II. Cohen, thus illustrating the Scriptural saying
that the last shall be first Mr.. Cohen Is rather
pood looking Young fellow, OF decidedly sraelitish
cast OF countenance, and mustache waxed out TO
n preternatural extent, giving HIM most warllke
appearance. Abe Hummel trotted In and OUT, and
attracted scarcely less attention than his corpulent
colleague william f. Howe. Stokes poor old white
haired father was early In Court sitting behind the
chair when was to be occupied by his son.
GREETING BETWEEN FATHER AND son.
Athalf-past ten O'Clock precisely the prisoner was
ushered INTO Court by Sheriff Brennan, and he at
once advanced TO where his father sat and shook
hands with she old man IN patronizing sort OF
way, after which the usual matutinal ceremony OF
hand shaking with his numerous counsel all around
was scrupuousy gone through.
Judge Cardozo arrived few minutes after the
prisoner and TOOK his seat on the bench.
THE EaIGRANT swINDLER.
District Attorney GARviN said before the case OF
Stokes was taken up he would call His Honor's
attention TO that OF the alleged emigrant swndler,
Charles Moore, who, the l4th OF september,
pleaded not guilty TO an Indictment for having,
with three others, swlndled man out OF $500 10y
means OF the 'bet trick" was Daied In $4,000,
forfeited hts ball. and when The prosecutor went
away turned up ana surrendered, and was again
baed in SIC, 600, after when the prosecutor was
found again, and yesterday the case was sent for
trial to the oyer ana Termner. lie moved that the
ease be sent pack, win another OF the same
character, to the General Sessions.
Mr.. HOWE appeared for the defendant ana OPP
posed the notion, In the course OF his remarks he
SAID this had attracted considerable attention
from the public and tue press ana one OF the daily
papers assaed the District Attorney for neglecting
to bring the case on whereas Judge Garyin was I'M
relentlng IN prosecuting such cases. 1t would be
sooner tried In the General Sessions.
Judge CARDozo said it was case that should not
have been sent from the General Sessions and he
would leave it to be tried there.
STOKES PLEA FOR TIME
Mr. McKEoN then rose and sad:-Before going on
with the case VIII make motion that may pre-
vent II from gong on. move that the Court direct
averdlct for the defendant, on the ground that the
replication OF the District Attorney to The seventh
plea admits tho material parts OF the plea; that 1t
does not sufficiently traverse the averments in the
plea 10 the irreguarity IN The selection OF the
Grand Jury; that the replication bad in form and
10 substance. The granting OF this VIII only be a
posiponement or the trial. Counsel then read the
various ayerments TO irregularities in the
preparation OF the list OF grand jurors, and
that the Grand Jury were selected from the pre-.
pared list. and not from the box, wherefore
prisoner prays that the Indictment be
auashed. He then stated that the above plea
having been put IN, the District Attorney, finding
himself unable TO demur to the facts averred, did
the next best thing he could by mis- replication.
What did that replication doY 1t admitted oil the
facts In The seventh plea ana took issue only to
the law alleging tnat the grand Jurors were quail
Outlines of the Criminal Law'' recently pub.
nshcd IN England PIP III ana 1855, to show that all
are TO be taken as coniessed-a rule extending only
10 Facts, not matters OF law because matters OF law
are not traversabe.
A, this point Recorder Hackett entered the Court
and took a seat next to Judge Cardozo
The DISTRICT ATTORNEY replied that the objection
ought TO have been by demurrer Again, the sew
enth plea is OF negative character-tnat The Grand
Jury were not legally drawn; that they were not
men of proper character and qualifications; that
the list was not signed by the proper Oflcers and
ton or It's traverse has TO answer by affirmative,
or, IN the words OF stephens on Pleading, III OPP
posed 10 negative allegation the traverse Will be,
Of course, IN the anirmanve.p
Judge CARDozo-Betler put In the evidence an
VIII direct a verdict according to my views OF the
law.
MIR. MCKEoN-There is a substantial reason at the
bottom Tor the District Attorney not aiirnIng. on
his replication, that everything required by law in
the organization OF The Grand Jury has been COM
pbed with. He would then have to prove 1t. Twas
wanting TO put the proof upon him, but he has
evaded 1t with great sagacy. IL was his duty to
see that the Grand Jury was properly organized
ana having replied as he does, he must now take the
consequence OF evadlng the law.
PRISONERS CoUNsEL-We move in two ways TO
quasi the Indicment-frst that it be done by the
Court and jury, and second, by the Court without
the intervention of the jury.
Boih motions were denied and exceptions allowed.
OPENING OF THE CASE.
Mr. GERRY then rose and opened the case for the
defendant Alter administering to the jury tue
usual dose OF attery, he proceeded to laud his col
leagues all around, ana informed the jury tnat the
plea on which the present issue came before them
had Tor Its father Mr.. McKeon, who while in the
District Attorneys Office earned the title OF
"Honest John McKeon.n Counsel then gave MS
gLp ren ~ hp of nrta In
ancient times such juries were twelve knights
Blackstone says they were usually men
cused has safeguards, the Petit Jury
ana the previous examination OF the wit.
Jurors to be drawn ~ the volition OF the
person making IT, how dangerous it would he to the
guaranteed III the constitutions Of the United states
and New York state. Unless a man Is properly
qualified he can never be competent to take, with
out perjury, the oath OF the grand Juror found in
the English law booRs:-"lou shall diligently
tiers, persons ana things az small be gwen TO you In
charge The Kings counsel, your fellow Jurors ana
no man Tor envy, hatred or malice; you
SHALL leave no man anpresented for =, fear,
wSo be possbe for aSy one to be- ACQUAINTED
with all the prominent cltzens OF THIS large city
and be able TO keep from the list unit persons
therefore the law provides that there snail be an
examining board consisting OF the presiding JUS
tices OF the Supreme Court and OF the Court OF
Common Pleas, the Recorder, the CITY Judge, with
whom sits the Commissioner OF Jurors. 1ney are
10 make out the list from the petit jury; but they
cannot travel outside select from the d.
rectoTy, and they must select intelligent men, OF
good character, aud there Is property qualnca
tiOn OF $3.50. lie juror must be able TO read ana
write English Understandings, that he may under
stand the Indictment Lastly, the list must signed
by every member OF the board. and without the set
signatures the Jaw Is tulnled. After this the
missioner CT Jurors Is required to certify the list and
fe II with the County CLERK. Then he II TO prepare
q ballot from The list ana place the ballot IN the
Grand Jury box, which snail remain IN CUSTODY OF
the County CLERK, and then, requIsItion Is made
from the various courts through the Sheriff the
County Clerk draws names and sends the lists 10
the Slerin The irregularities 10 be proven that
Two lists were presented TO this Board-a list OF
pett Jurors and list OF those desirous and anxious
TO serve as grand jurors. From these two lists one,
marked .frst list, was made out, full OF rregu.