The sun., 1878-12-04
CHALLENGING AGRANDJURY
IN THE CASE or THE STATE BANK
or NEW BRUNSUICk, ". j.
The Prosecutor Oblectsto One or the Jurors
because lie l. Relative OF Two of the
Accused Directors Decision Postponed.

The Prosecutor OhIecs to One or the Jurors
because ue l. ~ Relative OF Two of the
Accused Dircctors- Decision Postponed.
New BRUNswICK, Nj, Dee. 3.-Thc open
ing Of the Mlddlcsex Circuit Court to-day at
tractod an unusual throng. 1t had bccn ru-
morcd that something of interest would hap-
pen in regard to the charge Of conspiracy made
against the President and directors Of the de-
funct state Bank for an alleged attempt 10 de-
fraud the depostors by issuing thoir quarterly
statement on Jan. 1, 1877. in which they repro
scented their assets to be about $3.50 900. when
they wore in fact rs alleged. bankrupt, and
closed their doors before the day fixed for their
next quarterly statement Rumor had it. and
tho knowing ones predicted that a safe Grand
jury had been chosen. and that no indictment
would be found.
When the cricr had made proclamation in
the old fashioned New Jersey style. Judge
Scudder. "a the first business in hand. di-
rooted the clerk TO call the list Of grand jurors
Twcnty-four highly respectable looking citi-
2ens took their places rs their names were
called Tho majority seemed TO bc farmers
Among them were Postmaster Fisher. a tail
man. with a piercing eye and dark Italian
face. who had been nominated as foreman
Richard Scrviss. Sheriff Campbel's defeated
Democratic competitor; David VI. Pcrrine. who
was nm unsuccessful candidate for tho Demo-
cratic nomination for Sheriff and ID. Baird
sheriff
The grand jurors selected wcrc standing UP
y be sworn when attention was attracted by
Prosecutor Cowenhovon rising and addressing
the Court He said:
May IL please the Court / have had returned
10 me q complaint, warrant. and a recogni-
znnce OF the Stnte against Abraham Voorhees,
Joseph Fisher. Sr. .Garret C,onoycr. Levi d. Jar;
Samuel l.. &. ballard. who wore the directors Of
the suspened State Bank. learn from the pa
pers that that warrant was served on the 23d Of
November. Suhsequen, 20 that date the Grand
Jury wns impanelled. The first name on the
Grand Jury is that of Joseph f. Fishery who. ac-
cording 10 an affidavit which | hold in my
hand. ie a near relative Of two Of the parties
charged in that warrant with the very serious
crime OF cons piracy therefore challenge that
jury as he Is "a party Interested"
A buzz went around the audience as the tall
bold figure Of the Prosecutor dropped into "A
chair. and the lawyers within tho bar put their
heads together over this unusual proceeding
The affidavit referred to by the Prosecutor IL
made by John 5. Clark. upon whose complaint
a. representing committee Of the depositors
the warrant ot arrest was issued on Nov %. II
seems that Postmaster Fisher is nephew of
Joseph Fisher, Jr., another director. who was
also cashier Of the detunrt bank.
IL seemed evident that this movement Of tho
Prosecutor was not unexpected on the part u
the accused persons, for the Prosecutor had
hardly resigned the floor before IL was taken by
Mr. \. ', Sehenck. who ANNOUNCED himsclf as
counsel for Mr. Voorhees,. late President of the
bank. Hc s said to be one Of New Brunswicks
leading lawyers. and was Mr. COwenLovcn's
predecessor Us Prosecutor VI the Pleas. He
said:
grand Juror If challenged. aud more especially
10y the State. Tho Sheriff. in the discharge ~
Bis duty has summoned the Grand Jury from
tho body of the county The statute describes
what challenge can hc made 10 the Grand Jury.
and ram satisfy your Honor that there + no
such ulnR existing n a challenge 10 a Grand
Jury The decision Of the courts Is that the
only method ot procedure is on the part Of the
party to be indicted and then IL IL done by plea
Any other way is an innovation and contrary to
the statute. II is serious question at common
law whether any plea could be- admitted that
did not comply with the statute. II one Grand
Juror eau be challenged by defcndent. and he
Is removed. his removal affects all the indict-
ments. / represent Mr.. VOORHEES,. He has n
right TO have this question OF why the Sheriff
should not return this Grand Jary passed upon.
What is Il 70 him whether there is any feeling
or any relationship between mo and another
party who may be- summoned before this Grand
Jury? Any one. even II charged with assault
90 that Grand Jury who is not friendly 10 me
Would that be a valid objection Who has ever
heard OF a challenge 10 tho array Of Grand
Jury emanRtng from the State
Now can lay my finger upon cnse where
Queens Bench IN ireland with a similar argu-
ment, and that court decided that such ohjec-
tions wcr" inyalid; that there was no such
thing A. challenge 20 GRIND Jury. the only
thing that could be done being Tor the accused
PARTY 10 Imt IN his plea. Every one ot the
heard Of. | submit. may II please the Court
that that decision is a precedent which should
b. followed IN this ease. AMI protest against
any Interference with the Grand Jury as inn
pHncllcd.'
Mr.. Cowcnhoven--I submit. your Honor that
the same objection which may be made by chal-
longr 90 the petit jurors may he made To- tho
grand Jurors. and that tho same causes may
di-qualify both In this case We charge that
the foreman q the Grand Jury. Joseuh =.
Fisher. Is of kin with two Of the defendants
charged with a serious crime. one of them being
his fathers brother and the other his first
cousin.
Tho Prosecutor cited Bishop on Criminal
Proceedings and Whar,on's Criminal Law IN
support Of HE pos lton. aud Mr.. Schcnck pro-
posed to send 10 his oilice for Vol |. Of the
State Trials. to show the Irish case he had ro-
fcrrcd 10.
Judge Scudlor. however. nterposed TO say
that ~ the question was an important ana un-
usual one. ho should not feel that he was doing
his duty without looking into II further, al
though he had formed decided opinion about
IT, He therefore discharged the embryo Grand
Jury until this morning. enJoining them to
avoid discussion OF the matter that might excite
ill-feelng.
Counsellor Charles W. Brooke who repre-
s"nts tho depOeitors, WIS an Interested specta-
tor. A. he passed out NJ rocrse. he created n
laugh by the remark. The decis on OF Irish
Judges held up ~ precedent IN the matter Of
challenging American grand Jurors LIS IA