New-York tribune., 1873-01-07
THE COURTS.
THE TWEED INDICTMENTS.
A TEMPORARY P0sTPONEMENr-AN AFFTDJ

A TEMPORARY POSTPONEMENT-AN AFFIDAVIT
AIMED AGAINST A FORMER GRAND JUROR.
The first case called before the new Supreme
Court Justice Noah Davis. that OF Tweed In which
Mr. Phelps the DstrictAttorney, appeared Tor tne
frat time IL came up directly upon the termination Of
the Stokes case and was finally put over 70 this morning
20 oblee Messrs Treman and Fullerton OF Iweeds
counsel. ...''f
In the Court OF General Sessions, yesterday during
the summonng OF the Grand Jury John Graham stated
TO the Court that he appeared In behait OF "in M.
Tweed who held to answer In tue Court Oh "eher~i
Sessions He objected to the competency OF TWO persons
who we're called to on the present 1Iahu july
namely, Lucius g. COInstcck and Mr.. DOty nc inoFSo,
therefore, that the names Of Const0ck anu DVy Do
vera not in Mt condition OF mind at this time TO pass
upon any interest affecting the liberty or ngn' oi s
claimed by letter which appeared IN The Times on oee
m isT1 In support bIs motion Mr. Graham rean the
fCoyng a%ayi ia from o. bis Sen ~. ME- M % implicated
With Peter B. sweeu, NJ swees iIush smith, aud Ebert a.
"S0iEs Tweed of tn. said city being depOseth sD.
a a' on q GE about rss ~ Sessions a s sss he 1s % s
and believes that be has never e ~ se 70
a2s 1s @ au n Whenever ne showed noon ~
y be informed AND ,essSs ssssvs bot bot 40 Secss
Of 'sRSa sIISSae 'S'sys objection, %O.ehs .@sHt, y,
Ia: a 4 's. ps.ms:s @ s'Dsns1i sG s,a $ $ coaI
M MaAs tn :,a W 70. osHs ssSo ". sSns @ hs 6a
ap%eer motion ibis deponen .dIlse a1G & he Is AZ
1ei secu question: that the forenss t1co, ~ ss I
Informed and believes Grand J9r for ,te term o. .
has been informed and believes participated actively IN procuring hs
sndiDs Of The said indictment ,gsin,t this % b.
se upon 6e said ComOl which done as be = s:S sss
6eeyss eGpy o. ..lcS " s cy Gaay
said COnOk to that paper appears IN snd - 7 deoopeoi
sson TINS asP01sn' 2 S2as b.r rH r,pi, from
s dsposeO. has rssOn e and doe. 0ssvs ss b. md
,. e, ls AZ s1e % o. Wi Se eoguSce approval the
said Ed that as has ss9 ds pSss hostile SSd ssaus 70 lin
his feelings improper 70 serve o. sss as g1 % G
Si yoSps ~ s% 5 SSas any msonsf And s epone
Hermed b',s the ,Dne1sd 'sD he
uewspapes 81 1871 cOnssns des%s.Sty review o. % Ss
1nfIS I Smith Ssasis %'hs rom and s
11ss S,rs been SsSsS ss ssuse thereof .
believe and charges And ths aeponsn, @ A. "A
before the aid $50 cae Grand Jury (s which the ssd
fore@sH on & the sSansn sans Which " Sss aa II s
Court on or aboui B 1871 and which was presented BY to
agSto @prsn this deSousns b and bat tbs dsponen
h: has 9s & dSa aeSaSg S GSS Ss Ss.Son Of iss
u ed this depcnent and as s ti 2 asg0.eP' S before DE sad s
grand jury their appears to him 70 have ben TESp
The Court stated that it not necessary 70 sct On
Mr. Grahams motion, inasmueh as NESTS; t ,ytv
three had responded to the can or gl9 J th
while the law allowed only ~. IL Is rs sne hevopd %
Court strike out all the names I'D snceesSion =,
the number limited by tho statute, anu a. ,ne id t
COmstock and D0ty are or that humDer eneS oou'" NV
therefore be considered Jurors. -. - o
Mr. Graham said that he was not sure as 20 Ihe nae ,
being Doty and asked permission of the Court 10 put
the question to all the Jurors whether any Vi 'H' M
served on the socalled Bedford Grand jury ,,., -.
Mr. Phelps. the new DistrictAtorney, ogecLeu 20 90
such question being put TO the jurors on the groTe %
that It would establish dangerous pIecedent ING t
Court sustained MIR. Phelps, and refused TO allow tns
question. g.. 4. 49, .to ;,,rora
for the sake OF Justice, to the Improperly "a muIFv
ing indictments renewing old ones. -,
Judge Sutherland said that t was mpOsslDle Ior nh
to recognize the right OF Mr. Graham 70 call upon the
Court tOLnake such q charge.