New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-03-04
THE COURTS.
THE STOKES CASE.
HINGE cARpOZo MAINTAINS THE LEGALITY VI
TIE GRAND JURY.

,rncp cApDozo MAINTAINS THE LEGALITY OF
TIE GRAND JURY.
The trial of the legality of the Grand jury
It'll, Indicted Stokes was concluded Saturday In
the Court OF Oyer and Terminer before Judge Caruoz
Mr. McKeon referred to the demonstration by the auu
ence on the previous day, when he announced DIS o
that Stokes was innocent OF the charge brought against
him. and said that when he first came In contact WIN
the power Of the Erie Ring, some months ago. h ioA
Willie n similar scene had occurred He had reason w
believe that the Courtroom was crowded Win tno iou
ruans OF that power and he asked the Court TO pro
tec counsel against them. Mr.. Graham, VINO seconuu
the request Of his associate said be was Informed ha
gang of Is mon had been employed to watch the proceed
nCs against Stokes and he had the name OF ther oac
When he first went before the COroners jury no M"
such gang Of cutthroas present that he at once sem
for platoon OF police TO protect the accused o P
posed that these would stand at nothing ID .non
efforts to dispose Of Stokes and his counsel hign'
COVE a shot in the back ntendnd for him. ,,-, ,,,
Judge Cardozo said that If the counsel aese1 =, hs
Np" aPGs Of Mr. said he
had been made to e remnv eny of Stokes
counsel he had doubt the same means wOuiu De e
the audience to control them The sheriff IN
formed the Judge that be already hao ugzVp men
n,J5S fStzo then read his charge uphOldng the
present Indictment ~ folQYs;
a, 6ppoTinsity has PERMITTED morning have h1, thrown
@ some empe al The authorities cited ~ counsel but
have eo9euleu 70 5nbT ia one Of g1eat importance
dcu bat although be confident t that , he sss
as PG ny s a If %s ,s% The to
10 a 1 %sr. do 20 are not to be regarded determining question
Of law think they may be considered To- the extent 2gH
81: So Sh s dS 's G ~. e1 u 3 The
Ss%eS ", SS Of s L! si S found s' VsnS
solgps that one may well hesitate o sE to e eda ne
To extent only should consequences enter INTO tue
GiTTs TO- the matter the best reflection able have
Without ' 9eSS nu into the subject think h,t state d
n somewhat non the rule lard down IN some o.0eT St b
held fatal e inclination Of oar courts sdePS sOs ssd CV
Plies: case 81 ges form from wh. They are Der.
presente hold Of the provisions Of such statutes those pro
ng for ne drawing Of juror; 70 be no. m,ndoy but
which perhaps distinguishes this from the MARYLAND one ACQUIRED
uscO3 a1d tnG9sl ,Io S' IG ne s p eoncn. is valid
irregularities no one can do1 6ni an neG
ioabe DAone, could no, deut to Che sryenh Pies "c be-
beyond At prejudice which he mere epl1nte Tga D., s lux
deemed admissible Is IN think am tSpna 70 ~ 70 s Jm 1
there no testimony nIo9 Which ihsy wGq ne G IN unr
tiles Mentioned treating these natter; mere iIegg
So hoe, course that have CONCLUDED adopt
prisoner Geel9e ever ' ' uieg court, he assumed
been found BIZ, favor do not mean to say i
present disposition Of them result best Judgment uPon them
have no hes that the result Of tie principal tr
shall render nlg' the qae'ions Der.
81 ncacY ana doub a.
counsel ent them the Court OF last
resort giving the prisoner reasonable opportunity prepare for me
trial Of the Indictment that have thus concluded to be me
prejudice but vii protect the Interests Of non
| the prisoner people, which II is my duty alse
| these views, intend TO- ana 90 say
jury s factsno differences OF law but aerl
ing organization the Grand Jury both is respects ne hs ana e
drawing o. the panel by which The prisoner Na n S s'
Of The defendant has et up true asserted hr he plea but that
he5ehes the sw that that has oecaoned the prisoner
prejudice injury and that although those facts are true they 90 rot
Judgment of law afford any reason 10 support me deehdasV pea
and therefore m duty to direct the jury to ind verdict for the
| people 0 n the presented
The counsel for the prisoner excepted 10 the decision OF
the Court in every Of the matters alluded TO- ana
asked days stay of proceedings TO prepare bill
of exceptions, which granted One or the jurors
Henry Van Holland made absurd and extrayagant
demonstration the risk he had run in exposing ms
life to "the mob" declared lie would never serve MS
country again until the jury system was broken mp and
office 10 he used by the four scOundres who ruled New
York Order was finally restored and the crowd and
the iurY Dispersed.