New-York tribune., 1872-02-29
THE COURTS.

,v.,r srOKIs CASE SUMMED UP FOR THE DE
FENsE
The trial of the legality of the Grand Jury
,h found the indictment against Stokes was resumed,
terdav morning, in the Court OF over and Terminer,
,,ore Judge CardOzO. The Courtroom was crowded
rectators The Judge took his seat shortly before
.,sck and stokes and his counsel entered after
,ancved by Sheriff Brennan and District
,.,oruev Garvin. After the Court was
.-,ned the Dstrict-A Attorney offered in ev
Aenes the precept by which the Sheriff summoned the
-apd jury tho return theretO and the publication OF
en- ,otice which he said all the evidence he had TO
snt AZ 20 legality Of the Jury. Mr. Sparks Clerk
:, ,he Court of General Sessions then called by
eokess counsel and testified that te Oyer anu lerF
~ Grand Jury was in session IN Octoeer las'. ,
M aTned as to the LEGALITY Of the Grand Jury It
% not he sad selected from the list OF pet jurors Tor
ssS selected by the Mayor alone while the statute con
tomplated that It should be Seiectea py hs q
SSs'0 Sst as sensible for judge at General
MN 70 act alone cases coming before the whole
tp as 10 hold Mayor Halls action in selecting this
Grand Jury the action OF the Board OF when he Wa
sord that all was night and indorsed his action The
hs OF Grand Jurors should, under the statute De ku
- % and as h was not thus certified 1t invalid
II was the Imperative duty of the Commissioner OF
pSrormed in violation Of law, by the Deputy COUNTY
Esrk There had been an undue favoritlsm shown In
aelpg
ssown that Of influence who were Sd dTa%n dn so
A. Jurors, and wanted 70 get on c9ei1 u0 ,oro 80
through friends. Officers who would permit TINS were
moi worthy Of their trust lApplause.I Inc TEST o,
Grand Jurors was an improper one, and the socaeu @
Grand Jury was nothing but mob some We WeIe $50 SO
anX,ous 20 TN Stokes that they would Try nln VIII
inry that could be obtained without any uelere.oSL
terms Of law but II the life OF man IL 70 oe sI al
nnder forms of law all those forms shoulo " eAaoy
eompled with. had been shown Lhat IN us so ne
sImost AN the forms required in the preiluhaIIo
oiated n the grOssest mander. 10 had Deen cOhtehueu
,baf a indicted by this Grand Jury VINO han Oeh IN
soned could II this Grand Jury were set aslue pe SCI
Z, hherfv but this not as these men uau hos
s,sed the point Of ulegalty, and were now estOpPeu
from dong So - ..s q. ,0,s, hold that the
,ngle fact Of the Deputy County Clerk drawing the
ns1,es OF the Grand Jurors instead OF TINS uut DSk
1foYmed by the Commissioner OF Jurors was 1atai 10
n erity OF the constitution Of this Grand jury He
Doke OF Courts being Overawed because IN hls exper
sae he found that he seldom came into court Win an
important point argue, without the press or sone
portion of It, taking steps 10 overaWe the Coul III &
vent IL deciding in his favor on the ground that e
sonseQ ueDces might be fatal or injurious
In conclusion Mr.. Graham said be was satlsIeu uJIo
vas one persop in this community high position VINO
within bosom secrets which n disclosed, W1i q
drive him from the community TO which ne was no pie
tug and OF whom everybody would be Wiling 10 say:
e is neither ornament nor an honorable uetnotl
and that g. they got into the ual OF the Sr
every exertiOn would be made 70 place thh man Uo"iO
tht public proper light Adjourned