New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-04-09
JAEIINE WANTS A BILL OF PARTICULARS
ARGUMENTS HEARD BY RECORDER sMYIH-THE
DPCIsION RFsERVFD

JAEHNE WANTS BILL OF PARTICULARS.
ARGUMENTS HEARD BY RECORDER sMYrH-IhE
DECISION RESERVED.
A few politicians and many of the regular
attendants at court proceedings suiced to crowd ke-
corder smytn's courtroom yesterday when MOTION
was argued in the Of Henry W. Jaehne' unuer III
dictment for bribery. The Alderman hinsen "as ~
present His counsel. Roger A. Pryor ana h'cna,u .
Newcombe took their places before a tao'e S'o"s 80"
s,rs,chod row Of Distrct-Attorney MARITIME
and bs assistapt Delaney Nicol sauwhin the rang'
Recorder smyth suspended the examination OF WIZ
ness In case on trial and Mr. Newcomce opeheu INC
by saying that they we're present to ask Tor
hill of particulars and also for the minutes OF the
GRAND Jury in the Of Henry ". Jaehne He read
from an affidavit made by himself In which he said
informed defendant that the charges contained
IN the ns na snd to- enable fairly properly
70 meet the charges contained the ana hs
Should Informed of the evidence submitted to the
He said he was from the generality OF the In
dctment to prepare for the defence. An affidavit by
Jaehne was also read by Mr. Newcombe. Jaehne said
am informed believe that Indictment obtained
con essed 10 him that had while member Of
what he sered confession consists entirely ignorant
Grand Jury utterly 10 & ao me 20 ry al" am am
snS Of se Sc sa ,Tp% ann 70 entitled to M and al
trA and that AL impartial trial means mat sns os no
believe the people by my motion being granted
Jaehne wanted to know what the alleged confession
consisted when aid where 1t was made and in whose
presence
Mr MARITIME in answer called attention to the indict
ment which the amount and the date OF the alleged
bube The name OF Thomas Byrnes on the back OF
the indictment as the witness before the Grand jury.
there confession to Inspector Byrnes that was
matter that could be denied and rofuted II IL was lase
He did not think that the names OF those who were
present the confession uttered were necessary
" ~ the Peope" be continued "were to ask for a bill of
particulars what became of the money that might
be more 10 the purpose
General Pryor in Jaehnes behalf then called attention
70 the legal points on his side OF the argument. He
quoted Wharton's and Bishops works Oh criminal law
show that when an indictment was general In ITS
nature that the defendant was unable TO OBTAIN ae
quste Information of the charge, bill OF particulars
might he granted. "That this indictment Is tbus gen
eral" he continued $50 not to gve the defendant
notice of the charge he is TO meet, s apparent on nspec
ton Of the paper Tho Indictment does not indicate the
person Of whom agreement or promise or bribe was
asked from whom the agreement or promise was re-
celved or accepted. The Indictment says that the name
OF person to the Cram Jury unknown but does
moi follow now unknown TO Tue DlStIlcF
Attorney. The defendant may prepare 10 meet the
charge person and be confronted on the tai
by evidence as another Hence he must be prepared
TO select evidence as TO all possioe pc sous-suty an an
ne Where tbe alleged Transaction occurred except
the City OF NewY York. The defcndant therefore, must
he prepared to rcbut evidence Of transaction
| at ali p6ssiblr placeswthm the city The indictment
STATES no time the transaction except that occurred
an gnst 20 1854 The defendant therefore. must he
prepared to rehu evidence as to all possible movements
H." onord ne case OF the People against Stocking to
show that time and place. when and where the crime
was committed must DO stated with certainty" A fair
and impartial trial. he argued was only p1ssipe wnen
the defendant fully Informed OF the charge So thI
there should surprise The Indorsement. lie SAID
showed that Inspector Byrnes was the only witness be-
the Grand Jury, and 1t was known That bs evidence
consisted of an alleged confession Inc statements I'D
the confession might be conradiced hy the Defendant
but he must be prepared dsprove the matters that
| lilo he
at imputed confession OF other persons whose pres
ence elsewhere The defendant may est"on,sh; , 90 m
Pryor said that the Grand Jury minutes ought 10 oe
suppose" said Recorder snyth THAT there we're
The Grand jury Mr.. Pryor answered "is required
oi Its members as secretary an" "
| a record OF ts business
Mr. MARITIME said that III such case as this unlike
BURGLARY case great Mas aSs nGe s
| IN oppostion TO that OF Mr.. Pryor. lie quoted !
legal authorities to establish propositions tha "a pl Oh
particulars is given only where inc charge 10 eehei
ana indefinite IN its The defendant Is entitled 10
informed OF the nature Of the charge but not tue spe
| cihc acts 10y which the charge is To be proved mo
lion for bill OF particulars Is rarely granted IN the
criminal practice Of N-w-Jersey. " The granting OF
| bill OF particulars is purely discretionary with inc
furnish to the prisoners counsel he evidence
s"rs the G"n9 6 jury mn' M Scc rei's ssd IN Sa
the for the prosecution ought not 10 oe pYnucou
by having the evidence given to the defendant lie con
that inst al this time defendant happened to he in
iose.
| "Ths prosecution seems to be usng extraordinary
means IN this case,' Mr.. Pryor said hotly wren a
convict is brought all the way frou the state frsoh III
| a fc ous suit--' ,
Recorder smyth-I have no knowledge of any such
| case IL Ia not before me-
| Mr.. Martlne-And 1t is not true.
| Recorder Smyth-In any event II Is not pertinent
The briefs handed TO the Recorder, who reserved
| his decision Oh themotion.