The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-13

lab0rs and keeping them up, II need be- all Summer
to fulfil his promise to the public to clear the
criminal calendar. Meantime Judge Davis will
hold the Court. First in order yesterday the
Grand Jury was empanelled ana sworn. The fol-
lowing gentlemen compose
THE GRAND JURY.
Charles Partridge, Foreman.
Samuel w. Millbank, Theodore II. Marx,
Edgar wright Theodore MARITIME.
Francis Endicott, Edward d. Saxton,
3 =. Sprouts, Jesse Oakley;
s. W. Comstock Wi,,,am ! Corwin
William Garrison, Henry M. Taber,
James I. Taller, Elisha Brooks,
James A. Hearn, Edward i. Smelling,
William Blair, Jr., Jonathan L. Hyde,
C0urtlandt Schuyler.
CHARGE TO THE GRAND JURY.
Directly alter the jury had been sworn Judge
Davis proceeded to charge them. He commenced
by describing to them the manner In which they
were to perform the duties devolving on them,
caut,oning them particularly that none but one
witness and the District Attorney should be present
in the jury room; that their deliberations regard
ing the finding or rejection OF bill should be en-
tirely secret; that what transpired during their
session Should not be communicated to any
one, and that when true bill was found 1t should
not be made public until the accused was IN custo-
| dy. He next addressed himself to those questions
Grand Jury. He first spoke regarding the offence
OF extortlon, saying that they should inquire
whether, any officers Of the city ana county were
| or had been taking illegal lees in excess OF the
amount fixed by law. He referred to the Election
laws, remarking that the purity OF the baOt-box
offenders; also to the law against emigrant swind-
ling, by means Of the sale OF railroad and steam
boat tickets. He SAID he was also required to call
their attention to the laws against usury. He
next charged them as to the Lottery law, saying
that from what he had seen and learned 1t had be.
come dead letter in this city. He mad
been informed that lotteries were set on foot
based on what were legal in other States
tice had been taken OF them. This state OF things
could not but be rrejudcial to the community He
into the matter and take steps suppress all lot
teries existing in the city at present. He then
e they 4, we're he saS the &
had the suppression and punishment OF crime in
their hands, and they should exercise this power
with all the discretion and caution due to such
important functions. In conclusion, he said that
as he was informed there was fortunately class
Of affairs and economy in government;
without the assistance Of the Grand Jury. He was
informed that it was by no means uncommon for
frauds TO be perpetrated by means Of false payros
containing fictitious names, resulting IN great loss
to the City and County Treasury. When these were
sworn to me offence was perjury but IN m, all cases
examine into this. At the conclusion OF the charge
the jury retired
Undoubtedly the knowledge OF the TACT that the
case OF the People VS.. william M. Tweed would be
called i YESTERDAY in TINS Court had something to do
usual, were present IN large force, including David
Dudley Field ex-Judge Fullerton, Mr. Beach, MI
William M. Tweed Jr., and young Dick Tweed were
also on hand, while on the other side were District
Attorney Phelps and Wheeler II. Peckham. The
'Boss" himself however failed to put in an
appearance.
Directly after the Grand Jury had retired Mr..
Phelps called for Mr. Tweed to plead to the Febru-
airy Indictments and to fix date Tor the retrial of
the old "Book'' indie tment.
Mr.. Field was absent at the moment, but was
sent Tor.
On his coming in he said that he was engaged in
In ntrnl frtnl nfa hnf Tndn Van nrSf
The Court inquired why 1t was necessary to do
an, thing in the matter but plead not guilty.
Mr. Field said he was satisfied this motion would
take over an hour. Here were fifteen new indict-
ments against Mr.. Tweed, and new indictments
had not yet decided what pleas they should put In
to those indictments, and there were matters to pc
discussed at length in regard to them He was &C
tuaily engaged in arguing Il motion to dismiss a
complaint, which had been interrupted to allow
him TO come in here
Mr.. peckham said there were two of his cases
waiting dependent on the disposition Of these |
matters. He did not care SO much about the pleas |
to the new indictment as the setting day tor the
trial OF the Old one.
Judge Davis-Do you mean the "omnbus" in.
dictmentY
!. Mr.. Peckham smling)-Yes; the ''bg indlct-
ment."
Alter some discussion among the counsel the
trial OF the old Indictment set for Tuesday, the
27th instant, ana the question OF pleading to the
new indictments is to be argued tomorrow.
THE INDICTMENT AGAINST GEORGE FRANCIS TRAIN.
Immediately succeeding the disposal OF Tweed's
case, District Attorney Phelps said that there was
which he desired to call the attention OF the Court
Mr. Train had been pronounced, In recent proceed.
hgs before Judge Da a. perfectly sane ana
decision he proposed TO bring him to trial upon the
indictment found against him for publishing an
obscene paper the Train Lfgde.
Mr.. Train, rising quickly to his feet. said Il
have pleaded guilty three times because saw ut
to do so, and yet the Court marked the papers
mot guilty. and was remanded to the Tombs
as pauper without friends or counsel. l desired
to learn how long pauper could remain in prison
/
want to know why 1t is that, after being kept con-
fined five months, am brought to trial at notice
OF I'VE minutes. ] have been outraged, sir, and
outraged as one of the people. 1t is now
Judge Dayis-iou may ask any question of this
kind of the District Attorney in private. The Court
cannot enter into any discussion on the subject.
1t is the custom Tor the District Attorney to ar
Mr. Tran-If the Court had been In one OF the
cells OF the Tombs three or five months as | have,
perhaps 1t would make an exception to the usual
my cell to ascertain If ! was insane. and
Judge Davis vanly tried TO put an estoppel on the
volube Train during his speech, and at last had to
rap the gave loudly on the desk and order the
prisoner to take his seat. Train saw that things
mad reached crisis, and thought 1t best to sub
side.
Mr.. Clark Bell, counsel for Train, then arose and
said he desired the Court to direct the District
Attorney to enter noHe proseQui in the Train case
to save his client from prison. He had pleaded
guilty before to the indictment.
Judge Davis smiled, and remarked that II Mr..
Train now desired to plead guilty the Court would
accept his plea without hesitation. He added that
III lie Wlsueu put III pea well anu ROOu II not,
the case must go TO trial. The time OF the Court
could not be taken up In that way.
Mr.. Bell moved 10 quash the Indictment against
the accused, on the ground that 1t was defective
nsomuch as it did not set forth any particular
issue or number of the Train Lique. which was put
IN circulation contrary to law, and which con-
tanned the obscene articles complained Of Sec
ondly, That the indictment did not charge any
offence under any statute of this State or or the
United States. II no offence within the mean
ing OF statute to publish extracts from the Scrip
lures and comment thereon in whatever manner
he saw 1t.
Mr.. Lyons, Assistant District Attorney, showed
couple OF copies OF the Ligue TO His Honor, who