The New York herald., 1874-07-14
THE CHARLICK AND GARDNER
INDICTMENT.

Yesterday, in the Court Of General Sessions,
judge sutherland presiding Mr.. A. Oakley Hail,
counsel iOr ex-Police Commissioner Charllck and
Gardner, made an application to the Court asking
1t to instruct the Grand Jury in session. to
frain rom finding new indictments pending trial
on indictments already found against the eX- Conn.,
missioners.
ARGUMENT OF COUNSEL.
Mr.. Hall satd:-In one OF the journals OF the
morning rhe HERALD l read that witnesses
In the case Of Messrs. Charlicx and Gardner.
against whom new indictments are sought to be
obtained for further vocation or tae election laws,
have been summoned TO appear before the Grand
Jury this morning. The result OF the inquest Will
be, 1t is expected, some rve or SIX fresh indict.
ments, TO which the ex-COmmissioners will have
to plead. Now, II Your Honor please, ia the Oyer
and Terminer, at its recent adjourned term, on
tue very last day, | made an application III the
presence Ol the then Attorney General to have the
1Our or five q think many as that existing In
dictments In that Court then and there tired. and
Justice Brady vi that Court, seemed to oe exceed
lpgy wiling that they should be tried, although at
personal discomfort to himseII IN the not
cases ON, and insisted tnat we ought not to
su1er under the Stigma Ol the existing lndict-
ments longer than the Couri could set q day ior
trial. Mnereupon the Attorney Generals repre-.
sentative lntImated tnaL tne ends OF public usIce
had been snt1iclently answered, and on MS own
mOJlOn, IN Dehali OF the peope, the existing IL
dIctments WEI moved OF unlii the October term.
Now the appication have 10 make to Your Honor
Is this, and make 1t on my responsibility coun
sci, and on ny general retainer IN this case for
these gentlemen, without any consultation with
Grand Jury. Your Honor Is charged by law With
the duty OF lnstructing and enlightenin9 the
Jury upon their duty IN respect ~ the in
fraction OF the election laws. 1 asa Your Honor
to bring before the jury, IN your discretion,
these lactS, which the Clerk of the Court now
here will abundantly testify from the records
Thereof aud tnat you will charge the Grand Jury
IN respect to their duty OF investigating seriously
but strnRently, charges against inen who live in
the city OF New York, who can be taken before q
magistrate AZ any time Tor examination, and that
under the circumstances counsel claim that 1t Is
gross injustice, alter they have been ready and
forced Oh their trial upon existing indictments,
and The people not being ready aud moving tnem
OIL to OctOUer to be Affected IN this manner by
bringing fresh indictments when she people have
been I'M wiling to Try the existing oaes.
Judge Sutherland sald:-lt Is perfectly clear to
my mind cannOL make any such order. 1t Is a
matter which cannot notice. There Is no proper
OCCASION tor my interfering at all. IL would be
out Ol The course oI common law procedure.
Dir. Hail. do not ASK the Court to make any
order. SIMPLY ask the Court TO charge the Grand
are Interested aud in which they have had no eX.
animation.
Judge Sutherland-rhe common law protects
your clients. must decline TO do II. IL would be
an extraordinary thing 10 make a statement III
the pubic press the foundation OF my action in
reference to body whose proceedings arc secret.
The press ought not to be aware OF what they are
DONG
Mr. Hall-ft Is not the press that brings it tn
your notice. 1t Is the counsel.
The Judge declined to accede to the request oI
counsel.