The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-09
DISMISSlNG THE $50 CASE.
LEMUEL WILLIAMS WAS MISTAKEN, THE
GRAND JURY MAS DECIDED.
Proeeedings In Calling wItnesse. that were
Deemed Peculiar. and were not Custon,ary
Although LeEai-some Jurors Opinions.

Proeeedings In Calling Witnesses that were
Deemed Peculiar, and were not Customary,
Although LeEai-some Jurors Opinions.
The Grand Jury resumed, yesterday, the
consideration Of the complaint OF Lemuel Will
liams. the colored sailor boy against Cashier
Clifton A. +. Merritt They heard on Tuesday
and on Wednesday the testimony OF Williams
and Mr.. Reuze Devlin h Goa salesman. who
saw Williams sew $50 Rreenback into the fob
pocket Of his now trousers on the afternoon Of
the 23d ult.. and subpgnaed Paymaster Hoxse
OF the Supply. who. Williams says. paid him the
$50 greenback that he lost. II the Grand Jury
had chosen to pursue tho ordinary course on
assembling yesterday. they would have voted
either to indict Cashier Merritt or to dismiss
the complaint against him. Ordinarily the
Grand Jury indicts or dismisses the complaint
in any case before them upon ex-parte testi-
mony. The grand jurors hear only witnesses
for the prosecution. But they chose yesterday
TO tako different course. They examined VIM.
s. Stickney OF tho Indian Commission. who
SAYS that he was standing at the counter In the
office OF the Metropolitan Hotel when the diff
fculty between Williams and Mr.. Merritt
arose: Mrs. Brown. the colOred laundress OF
Brooklyn. who says that she found the $50
Rreenback that Williams AYERS he lost among
some other money in her possession. Williams
having paid II to her. by mistake for 81; Geo.
W. Wright. stenographer in the Law Division
OF the Custom House. who. according to his tes-
timony before Justice Otterbourg visited Mrs.
Brown some hours before she found the $50
greenback; and Detective Keely. who aided in
ejectinR Williams from the Metropolitan Hotel.
after the difficulty between Williams and Mr..
Merritt The testimony did not differ from that
given In the preliminary examination before
Juatfca 0ttarhourU In thu TOnnba pOlioe Court.
After the Grand Jury had heard tho testi-
mony. and the witnesses had retired. Foreman
Isham called for vote. II was taken. and then
1t was seen that the grand jurors had voted
unanimously to dismiss the complaint against
Cashier Merritt. Secretary Phillips then en-
dorsed the complaint, Dismissed. May :,
1879. William II. Phillips. Secretary" and
Officer Riker took the document To the Office OF
Chief Clcrk Sparks OF the General Sessions.
Mr.; Sparks recorded and fled ii.
The Grand Jury attended to some minor
cases. and. after finding several indictments.
went TO the General Sessions court room. Fore
Hall and reported TO Judge Cowing that he and
his associates had disposed OF the business OF
the day. and then, bowling 10 Judge Cowing, he
led the Way from the court room.
Only one other recent instance OF the sum
moning OF witnesses for the defence to testify
Sas n as ss sTane cnss ss
when he was accused OF assauting ex-Citv
Ger Of Judge Cowine In the General Sessions
In Gilmore's Garden. Justice Oterbourg. be-
fore whom MI; Curry preferred his charge.
action OF the Grand Jury. When the Grand
Jury took up the case. contrary to custom. Capt
sawca 10 an inst1 The eompaint air Was unWn
Chief Clerk Clark OF the District Attorneys
ofice said Yesterday that th sole desire OF Dis
trict Attorney Phelps and his subordinates In
regard to the Williams; Merritt case was TO see
exact Justice done by the complainant and the
| defendant The Witnesses for the defence were
called by order OF the Grand Jury. The calling
Of witnesses for the defence is not customary
but Il is. entirely legal and proper
Williams is to be taken to the bar OF the Gen
ersl Sessions today; Then. II custom is closely
who now represents the District Attorney in the
court, will inform Judge Cowing that Williams
Is no longer needed ns n witness by the State
and move that he be discharged from custody
Judge Cowing nfter granting the motion. may
2rdy5 thHt & WlNns n9 oe pala sa az b,eH.an be9wanee
| the theory OF the criminal law being that Wit
nesses who are confined there dc. service to
| the State and are entitled 10 reward. Witnesses
are rarely sent away from the House OF Deten-
ti9n WITHOUT some Ray Tor their seo tine w, v,.,.
| street said that he was in the bonded ware
house business. and that he knew Collector
| Merritt. but the Collector was not aware. until
after the case had been decided, that he was a
member OF the Grand Jury, He had no ac-
quaintance wKh the Collectors nephew. and he
| believed that In giving his vote he had acted
| with the snme view OF the evidence that infiu-
enced the twenty-five Jurors who agreed with
him, When the Grand Jury met yesterday he
called attention. he said. to the paragraph in
| yesterdays SUN. and offered 10 retire. He was
summoned before It WAS known that the Will
| liams case was to before the Grand Jury. His
| fellow jurymen were OF the opinion that he had
better remain, and he did so. He believed that
Williams, was honest and truthful. but was mis-;
taken and had given Mr.. Merritt 81 note instead
| OF n $50 note He did not recollect that any
stress was placed upon the fact that Williams
| positively denied that the $50 note produced by
| the washerwoman was his. but the equal posi-
tiyeness OF the washorwoman satisfied him that
| Williams was mistaken Mr.. Baker said he had
| been grand Juror at different times in eight
or ten years. and that he knew OF no difference
| in the mode OF conducting the Williams case
from hat pursued IN ae every eEy other case
Juror H re Eszekiel G. Williams Of 2ss West Thr
| toenth street. said that he believed Williams to
be an honest boy. who meant to toll the, exact
| truth. But MIR Stickney was positive that no
| stood near by. and that il was a 81 note to-
Hsesn the Sr SSt Williams eays her
note that was not out OF her possession. removed
| all doubt from his mind. He was forced TO the
conclusion that the colored boy. Williams. was
Juror Charles E. Hadden OF 26 Leroy street
| and that the conclusion OF the entire Jury was
the only one he could arrive at While he was
Satisfied that the .cQlored boy was perfectly
| truthful and honest he was also equally salts
| fed that tho washerwoman was honest and he
| believed she told the truth. The only expana-
| tion that he could give was that the boy was
Juror Samuel S. Constant OF 42O West Twenty.
| third street said that he had been grand Juror
| at different times in forty wears, and he saw no
| different method OF investigation pursued in
| the Williams case from that used in every other
| The Jury had before them all the witnesses who
knew anything concerning the case, and from
| the united testimony. he was satisfied that Mr..
| Merritt would be acquitted If tried before a
| impressed by the colored boys story and his
conclusion WAS that the boy was mistaken.