New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-06-01
THE WHISKY INDICTMENTS.

.pcr,rrNrs AGAINST THE LEGALITY OF THE
GRAND JURY THAT FOUND THEM
The arguments on the motions to quash the
indictments found by the last United states Eraha jury
against John c. Tallman and Others and against samuel
pike and others charging them with completely in the
mead whisky frauds Of 1861 we're passed yesterday
in the the United States Circuit Court by Judge Wood
ruf and Judge Blatehford Mr.. Harlan appeared Tor
Mr. Talman aud in long argument, IN which ne re-
viewed the history OF Grand Jurcs, contended tht tue
Grand Jury which found the Indictment against MI.
Talman was Illegally impanced because II was selected
by the Clerk Of the Court Unfortunately rom TIRE
names in the directory, instead Of being taken
from the body OF the electors y ana that therefore,
the indictments found By that Grand Jury are good for
nothing Mr.. Stanley appeared Tor Dit fike and pre-
sened, among others tle IoLlo"tl liI' H. ~ ~ tbg
himself and Judge Pcrrepout, iOI inc quaAAs OF INC
Indictment against Mr.. Pike:
TIE pesous Who found this Indictment we're not qale 70 set IS
Grand JrIors Tor the following reasons; ,c, -, -, a.,
names Nn drawn %. on M Of gra5d Jurors o ihs
Tor The PREF raton list Of petit ufoz TO be Sled with the County
b. lie State act Of May iso oe Known he Commissioner
Of Jurors is created me lage o. ". ~ leu 80, H.
cause ey have eaed 70 te ele By saeh COMMISSIONED
&C a r,es5 in he Coarts Of seaYorE Tor Courts Of Oyer
re Of forming Grand Jury te mole pracced 10 the sae
stance colried sh There similarity practice -
II the State Coarts saed from h Of ret
juror slose qualifications have all Undergone TIE ser M Of 'n or
Under Inc United states practice. Jury M Is
tbe Cty DIRECTORY The ain 81 Commissioner VI J-ror Is %
make only Fnrh peOns qualified ami % Erye on q
ne qrv Tor moment maintain c poros uon az there
Is sosaHt al d are1e ts rr IS to ih oie o. forming
grand ures practice adopted b. the gentlemen Who onei
ne
The ewre % me alleged Grand J- Illegal iecsUle not
rteu by any Of any Cour tie United states or VI
NE rrls Of Nov H. 1861 GA authorize the clerks make Est o.
uersons grand aroF from e Directory AMI there ~ pro-
vision OF law making the person. che Directory qlihed or
comreteut Te,t jurors 10 the tolr3 N me
state Neg-icr, in the Coas Of The United states FOR
the o. New York ard s Of grand be
taken from except from Ls Of perous competent az
pe iarors The ttss o. tue Courts or TIC
tuttd States Neither that rp0n the named ia
t he Movers JurOrs beard Tor the
selection grand jurors posses under the laws Of ne STATE
| the rule. 10 Il conferred the cerks OF
those Courts Indeed lie Judiciary provided that the Jurors
be harsha o United States
AM the a provided expressly s the should be designated
peae and the lists out 70 be approved anu certified By the liar
Al inspection Of record win Jurors no. drawn
By lot appears that tie ceras tn habit OF
making large annual list but Of adding to the s o as Jurors
wanted and then al ne drawing nearly az ADDED appear 70
II The 20 aided ara
that would not ba By lot mp because he names We
And
only few days 70 The tvng thirty Of these added two days
before drawing drawn and this practice contrary 10 the
spnt snd Of the laws color 20
the that have made that the Grand jury packed IL
certainly seems o have been selected
Il that practice affords opportunities
that tie Court vii Acfate UNFOLDING
such practice.
District-Attorney Davis will reply to Mr. Harlan and
Mr.. Stanley on Monday, and Judge Plcrrepont Will
answer Mr.. Davis.