The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-11-26
BRIBERY All HARRISBURG.

ATTEMPTS TO HAVE THE INDICTMENTS AGAINST
s.KEMBLE CO." oUAsHED, OWING TO Al
LEGGED IRREGULARITIES IN THE GRAND JURY
ROOM.
[BY TELEGRAPH TO THE HERALD.
HARRISBURG. Pa, Nov. rs. 1879.
The defence in the riot bribery cases sprang
point ON the prosecution to-day after the Court had
overrued their motion made yesterday to quash the
indictments The records of the Court show that
David w. Brill not sworn grand juror. And
Senator Cameron, it proved yesterday by another
grand Juror had participated in the proceedings the
entire week. Mr.. Samuel +. Barr swore that twenty
four jurors acted in the more than are
CURED at common law. 1t was also intended to
prove by the witness chat the District Attorney had
used undue inf uencc with the Grand Jury to have
the accused indicted but he declined to give the de-
sired information shielding himself behind the oath
he had taken grand Juror. His cross-examination
showed that he had told = number Of leading law
yers that twenty-tour persons acted the several
bills, when Senator Carpenter intimated that the
gentleman had been leaky to outsiders than to
the Court. The argument continued all day without
"a decision the notion to quash the indictment,
because Of the numerical defect in the Grand Jury,
and as one of the counsel for the prosecution and
one for defence have yet to speak, the point will
probably be disposed OF until tomorrow In the
argument to-day the defence by four
lawyers while the brunt of the battle for the
prosecution borne by Senator Carpenter, who
admitted that jury or tWenty-IOur persons was oe-
fective but that the record, which showed only
twenty three present not subject to contradc-
ton aud that the Court could not go behind it, The
finding, he also maintained, should not be set aside
by the allegation that one man participated In the
proceedings who had no business there. and the de-
PENDANTS not prcjudiced thereby, rs the
Jury unanimous in Its action.
A FULFILLING POINT.
Judge Pearson said this the only point that
had puzzled him since the beginning of the trial.
Judge Black maintained that the law Of the state
was susceptible Of the construction that twenty-four
Nor ms Cpuld laOftll act ng
The counsel for tho defence consider their posi-
ton impregnabe. and confidently predict that the
Court will quash the various indictments in which
event they will be sent to the Grand Jury OF the
January term. And il now clear why the de-
| fence had the bribery cases postponed from
last week to this week. II tried last week the Noven
Der Grand Jury would have been in
istcnce and new indictments could have been
submitted to them in the action OF the August
jury had been nulifed. A belief il prevalent that
sign. The Prothonotary's clerk IL positive that
Bright Bill did not answer to his name when called
auu that when he swore the jury, only twenty
members, were in the box. Surprising that BRIGHT
| Bill not among the twenty .four he marked him
"absent." The foreman of the Grand ury liz of the
opinion to the number, but there appears to
! be no doubt that Bright Bill sworn aud from
the start took part in the proceedings OF the Grand
Jury The most plausible theory IN that the clerks
mistake was discovered and that the twenty-tourth
Juror whose name has not been made public, was
induced by some unknown person to participate in
the proceedings without being sworn. For the
first few days there only twenty three jurors,
but when the bribery cases oains to DO considered
twenty -four voted.