The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-15
Vigorous Efforts to Quash the In
dictmsnts Against Them.
DAVID DUDLEY FIELDS ARGUMENT
Judge Barrett VII Sove the Doubt
Mex, Thursday.

forc~ yesterday 20 t8o Co0rt OF oyer and fcrmfner
70 hssen 70 sns closing Augment on The motion TO
ssvossa heads Vi oar cay Fathers Altogether
Gas fashsr mousy asssmbiags slesk
lsoxng Ana anely dressed consractsrs beng
sssa~ichea esswssn s,rong mascssa sas nl-isvorcd
seeking msn. wnfis cd psanesi hscss termed .
conspicuous spusklmg. the peesencs Of the Rev.
stsphen NJ fynx. IT,. seemed rather taconsraoaA
aitheugh shs latter watched evidently With keen
Interest a. any the procssdlnxs Most 81 ihs m
sicses Aiasrmss pot early appearance. also
asd Their ssrsy Of iearnsd ana dstngoisned counsel
Mesrs David pualsy Fled, John d. Town.
sond. snJaass A. q Dssssohestcr. knbs Root and
Daalsy Fw'a Dssr,o attorney Phelps ana n,s corps
Of able sssstasss wsrs ike~lso promptly
hand A. 5000 a. Jasss Bausa took MS sea,
me beech Mr. David Dudley Field entered on toe
eississ afsamssL
M sgslp's AsouxKxr
Mr.. Field spoke nesrly an nouf asd q hail. In
eiaasns various uuptlons "A which times the
srsuaens soox eesvsrssssonai tara. Ne spoke wnh
great vGer. thesgn IRON the secessssy OF the case
going over 20 some exasas ths same Hue OF ssgu.
msas - h,s associate oossssi However. no
vas me BIZ gan and ". breushi cat TO
~. ss.mss Ss,,. sssss.ss ,hss os'sa !. =
nscsssary. Mr. Fea ssSan. 10 take az cons LIBERATION
the cmeamsiassss sarressains The lsaieiments They
sions by the Grand yary against not ono alder
man. Sas i.o-tauss Of Tie Board-svc thirds Of The
rssoiales svilg peru, 10 ksep news stand 90
the corner Of certain streets. and - shosn thai
on nevlas TOE rsseis.,sa .ss mover stated
fourteen yssrs-ihs support Of his family,
bis i.sher beng sea No seat TO sehos
Support BY selling newspapers @ornans snd svcnins
rhe ssuciurs ave isss Ligh anl shr~a iess side
the board Of Alacrnsa inaiosoa--nrst. tor inside
sanor IN violating me Lao vi tss state. and secondly.
Tor uaisancs naisissiag o. suffering 20 continue
this structure, whstsves u map be. Ana u 70 not lm
proper aud u 10 NOT Impairment 20 tbs lnqalry--
no. As e.s.'ns any rsn.e'iea spea sly ON
wSrsa the Jsags who presiasa over ne Grand
cutting attorney are every Of them maintaining
what 70 greater aud more paipaois nassaaee thsn
Ing any reaee,,os apon insn sss iar ssgaislng sna.
Is understood by these ercroschmeGts ana osstruc-
tions lft 10 an enerosehment or obstruction ih~n
must be lnterpreted a. tne la~, and u succeed
pus all III them out Of once. ~ the ninety dIth
lion OF tho charter 10 provided sshst any efncer Of
provsloas this shall be deemed quay o. MS.
demsanor, and on conyiciion shali forfeit ma once
a.ss%p, n good s 10 ssay os. ,ss as .ss
c0nvict these Aldermen u must have bsen done wnh
tho contemplation Of leaving ihis cy without GOV.
eminent just as soon No tho trial ana verdict eoala
80 CRY GOVERNMENT.
r.
leave tho city without a GoverSusnl What would
be the resulsY There could be election. therc
conirvance to drive The city isse assss asarehy uni,
the end Of shs year, There could ~ no taxss an
INC sua u the year rhs esanss sa .n.. these pro-
ceedines are not Instituted much 70 pUnish tbe Al
dermsn AZ 10 test principle. 1 proneancc this not .
BOND Gde attempt 20 punish crime. IL has another
object, The question V which OF Tue tso Indictments
Mr. Phelps here interrupted Mr.. Field and stated
that no WAS wiling 10 enter noe prosequi aganst
John Butler. thin
Of all the trouble ana whom judge Dtsnhuefcr
had r quesea the cour ON tue day previous 10 nave
Mr.. Field SAID lhs. he could not accept any such
proposal.
TO accept ~ but left this matter 20 the Court lie
added that BIO mad sscsrtaned that the Two indict
msnts were placed az the same Time IN the hands u
the one Judge, they being IN one package.
PRIORITY on THE iNpcrNk>ra
MI Field said That he could not accept tho virtual
proposal 70 aiow The nuisance iId,ctmens 70 he
quasncd as that according ~ ms inornatton uas The
second indictment iound-
Judge Barrett SAID that there was no evidence be-
fore Tue Court which first found, and he
0Djection the entering oi tue Ioila prosequi
tho case oi John Butler and others
Some desultory conversation here took place be-
tween Mr.. FIcid, District Attorney Phelps and tho
Judge a. 10 the manner Of determining tlis question
provided that whom two Indictments had been lound
for the offence the accused - entied 10 have
the rst Indictment quashed aud trial only upon the
second which supsrssdss the first. The eonsitutien
provides, he rged further, that person snail be
placed twice IN Jeopardy for the same oncace aud lac
cited cases 10 support his argument ihey had made
motion 70 quas the rst, which the Court could
refuse, and now the Dstrics Attorney has agreed TO
noile prostqui The second.
THE OFFICIAL RECORD.
Mr. Field asked the production OF me Official rec
ords. A messenger was al once sent to obtain them
and on their production IL was found that the indc
ment Of the Board Health had been entered bstwscn
the two Indictments Of tho Aldermen Mr. Field asked
Tor the production oil the minutes OF the Gfad afy
and clalmod that the nrst beng quasbcd the
ond having been entered as no.le proseqai there ~
Jude Barrett thought differently. The object OF
the statute ne stated, rely to prevent Indicted
persons beng required 10 give bail twice. Ito cited
the case OF Rynuers, against whom Two indictments
Tor murder had bcen found, and having been COZ
vctcd on the FIRST sought 10 have that quasned. Tue
Court held that u was too late. The accused has
substantial right to 90 trlsd only indictment
Had the second or nuisance Indictment rcmsincd
then only the nuisance ono could have stood, but
as the District Attorney had Doils p'osequ
on the second, then only one remains, which u Ior
misdemeanor and on this you will have 10 speak for
the Law does not affect IL when II alone remains.
rHE SOLITARY INDICTMENT
Upon the above decision by Judge Barrett Mr.
Fled continued his argument tor tue quasbing OF are
only remaining indictmcnt contending that no
Judge or Recorder had any right TO tell Grand Jury
must nnd Indictment, and II found he rou.d ave
the accused every day oil punishment winch the
law allowed. rhs exercise OF such a pressure
ought TO nulliiy any indictment thGs found. The
language oil the Recorder u 10 The righi 81
tho Grand Jury hearing the accused ~ Their
defence erroneous law; Tor officials have a
right TO be heard under the statute Hut Tor the
language OF the Recorder the President Of the Boar Of
Aldermen would have gone before the Grand Jury aad
explained all the circumstance, wpich would have
prevented the nndlng Of sucn an Indictment A. the
Indictment was iound under erroneous instruetioss
ana alter passionate address, ought TO he guAsbed
An indictment always leaves an indignitr upon the
name OF tho accused, whether guilty or not and
secret tribunal should DO allowed iuJurc the char
acter oil any without his having oppori UNITY 10
explain the accusation, especially wnsn the accused
an elective Official
Puv
Tho whole controversy SAID Mr. Field, warming
up TO the subject, "secms to be about small boara
the position Of which Is declared 10 nave oDsuucisa
the street and 10 have been uniaw.ul.n
at is the Boaru OF Aldermen TINT Is declared un.
lawiuI' interrupted Mr.. Rollins
There has been enough OF this slurring Of the
Board OF Aldermen" fstvrted Mr. Field. "Ihey rep
resent over million people, and wese placed their
positions by the same powcf-thc votes VI the
peopc-as our judges and administrators OF justice"
IL trust the gentleman interposcd Mr.. Phelps,
docs not intend 10 lay down the proposition that u
Is impossible 70 mention the word Alderman without
an intended slur. -
"a bad pun was evidently the only intention Of Mr.
Rollins sad tne Juage, casting oil upon tbs troubled
waters