The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-04
Justice Demands That 1t Be Rolled Away and
Its Occupants Brought Forth for Trial.
Murderers' Row to Give Forth
All It's Culprits.
Judge Brady's Charge to the Oyer and
Terminer Grand Jury.
Prompt Trial of All Parties
Charged with Murder.
Scannell To Be Tried Next Monday-King
on the Monday Following.

VI LILO mVuudy 4oAVwAAS'
At no period in the history of the criminal courts
Of this city has such grave importance attached 70
the assembling OF the Court OF Oyer and Terminer
as at the present time. Upon the spirit manifested
by the Judge depended results of incalculable in.
terest-resuts determining whether the use Of the
pistol, knife and budgeon Ia to be restricted;
whether murderers to have meted out to them
the prompt punishment their crimes merit whether
citizens walk in public streetssor ride in public
vehicles feeling that they can rely on the 9giS
Of the law for protection. The opening
yesterday Of the February term Of the
Court gave assurance, happily OF these
results and corresponding terror to the indicted
murderers now filing the City Prison. Judge
Brady, always prompt. and unyiclding in the dis
charge of his duties, showed himself the right man
in the right place. 1t is unnecessary to say that
the court room was crowded to its utmost capa<
city, the expectation being that ScannelI, kings
and some of the other indicted murderers now
confined in the Tombs would be arraigned for trial&
In this respect the crowd, however, was disap-
pointed, for scannen was the only one brought1
into Court; but, though the centre Of observations!
mood imaginable with his counsel.
EMPANELLING THE GRAND JURY.
First In order after the formal opening or th0f
Court which took place promptly at ten O'clock waSi
the empanelling of the Grand Jury. One more Jurors
appeared than was wanted but as one OF the others
wished to be excused from duty the permanent
organization of the Jury was easily and speedily
accomplished. The following the names OF the
Grand Jury:-Foreman, Hugh Auchncloss; John
Campbell, Myer Myers Robert c. Livingston, JUS
tus L. Buckley, Samuel! =. Sands, William H. Phll-i
i. Ransom, John Endicott, Charles II. Kerner Ed
ward A. Baldwin, Bernard Smith, John +. Zebley,5
M pnkae1 i John p&va a%
rillard Harsel, Jacob Capron, Robert NJ Fink
r,r.pou m ruv an Nh urpv
Judge Brady rising, proceeded at once to charger
the jury. He spoke with slow but solemn earnest,
the members OF the jury, but by the immense
throng filing the court room, with the most eager
attention. His charge was as follows:-
GENTLEMEN GRAND JuRY-The oath Just admin
wc to to Ra s s pss
or malice and you are none through fear favor
sESrINELs OF THE STATS
Characters Of your fellow Citizens Your duties are
S and to es o e w,
not be done On y, ar, but as
assistants on the other hand, you should no
s mo- how high tSer Social
or be exe%p, ro
in the Of en-, against ys the aw the
al s Of s e s To-
STAY THE HAND OF CRIME.
a sy e Sya tho to % na se vS
pistol and knife had become almost matter Of
o ns Sif
ssvsre f 4sd G and pr
e Ssnss sHsS be a. os
prisons and in Relation 70 peT.oSs confined Tor " w.
press itself aeliscraton energetic and rem.
sSd sS
% @ mn hf s4 at be
that the exgences Of the hour demanded T. In connec-
V Would be S with q The aid ohsr Judges
eo a not be- found in this hee was need o
continual Court he would sit until July nexth
At the conclusion OF the charge the Crane Jury
TRIAL OF scANNELL AND KING.
Mr. Phelps, District Attorney, stated that the
case of Stokes was then occupying his attention
before Judge Boardman, but ne desired to an
matter he should be able to proceed at once with
the trial Of John Scannell, indicted for the murder
Of Thomas DOnohue, and then with the trial Of
James G. King, indicted for the murder OF Anthony
+. O'Neil. Appearing as counsel for Scannell were
William A. Beach, Charles 5. spencer and William
Mr. spencer asked that two weeks time be per-
great number Of witnesses to examine, and the
nature OF the defence was such that fully that
Length OF time was s Necessary ne wonld stpu
Mr. Beach urged that fully two weeks intervene
before the trial be commenced.
Justice Brady remarked that the state of the
public mind was such that 1t made 1t desirable that
the trials OF persons accused Of crime and partcu-
larry OF homicide, should be approached as speedily
as possible. He would set down the trial Of Scam
nell for next Monday. and that Of King for the
Monday following.
Mr. Howe earnestly appealed for a further delay;
but after listening patiently to the conclusion, HIS
Honor said that he could not change the time.
Mr.. Beach urged further that in the case OF King
they were not yet prepared II was very impor-
tant to the prisoner that testimony az to his men,
tai condition should be introduced, and that in
volved the bringing Of witnesses from other States.
The various counsel more persistently urged
delay but IL was OF no Judge Brady refused
to change his decision. The Court then adjourned
till this morning.
COUNSEL FOR sCANNELL.
The defence in the Scannell case lies In counsel'S
hands well conversant with criminal Jurisprudence.
Very many Of the late murder and homicide cases,
the latter OF gross character, have been tried by