New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-12-18
WORKING HARDFOR M'QUADE
HIS LAWYERS ACCUSE THE JuRYMEN.


The counsel for the defence who anxious to secure
Helay in the sentencing OF exAldermsn McQuade sne
seeded in accomplishing their purpose 'i'Saaoe was
taken Tombs the General sessions COURTROOM
before II o'clock lie under great eNci'ehien' anu
appesre at times 50 almost to re hystercaL
BE rhat,d with Orierof Arrest Clerk Bernard Martin
ana Under sheriff Sexton who had him in charge. and
iaus,,ed freely He in the courtroom for half an
Aeur before the Recorder arrived while waiting Nc
puadc uneasy. He stood up and looked about the
RON down and talked to his brother and friends,
smiled and goonatured greetings TO those who
saoos him by the hand He has become thinner since his
trial began apparently excited not 70
realize the full gravity Of he situation In which ne Is
placed. He looked little like q convicted criminal
about to face judge who TO pronounce sentence rs
any one In the
The crowd which assembled contained representa-
1--we OF the Board OF Aldermen OF 1884 other than the
prisoner Cyrus schoonmacher the gray bearded fourth
Lior was the only Of the twelve who convicted
ncQtade who present Exshe1f Reilly and
many other friends OF MeQuade shook him
BE- the hand and expressed their sympathy. Gen
.ral Tracy Richard Newcombe and Thomas F. Grady,
Ncades lawyers consulted together In the court room
sntL clerk haired in with written affidavit
lawyers signed and to which they swore
before Orierof Arrest Clerk Martin notary puoic
Recorder suyth had ex-Chef- Justice DAILY and
Assistant United States Treasurer Thomas c. Acton
sonpanions when he took his upon the bench Dis
Ric Attorney MARITIME entered Immediately after with
Assistant District Attorney Delaney NcOn Mr.. Mar
tine. addressing the Recorder, said:
The defendant Arthur J. McQnade. having been CON
vicied. after trial which believe 10 have been fair
tnd impartial on charge OF bribery ask that sentence
Mr. Sewcombe-The defendants counsel have
been PLACED in possession OF ,, lmi'rn nh,c,
We informed that the conduct
81 three OF The iuOFs slch a. 10 justify us IN asking
Dor new rial ON that ground The Information comes
hon reputable sources.
The kecorer-Of what nature is il
Mr. NewcOnIbelt does not relate to the sections OF
Juror ia the courtroom.
Tue kecor,er-Nor before they empanelled
Mr.. Sewconbe-No. sir. not after they were sworn
The lteeorer-Under what section OF the Code do you
Mr. Newcombe-I do not know whether any section
covers it.
General Tracy think justice presiding at trial
has Inherent night 1irect trial tor the mscon
Jurors The accusation Is of grave char
bad 10 tar expressed themselves after they were soop
eaed 10 I've unnt jurors In this case
At the Recorders request Assistant District
icAtiorney Nco read Section 465 and other sections
Of the Code referring 70 trials and declared that
only misconduct after jury would suffice as
ground for granting a trial by the trial judge.
The Recorder said
think that Court OF Appeals in case has held
that right grant new trial for cause not
Included in that secon As It seems {" De conceded
Will be useless to delay further on that
Mr. MARITIME had received few minutes before copy
again rose saying
hold in my hand an affidavit Just handed to me
lating trial and would Ike until Monday 10 an
aver II with other afhdavits,
"You do not object TO that suppose" said the Re-
eorder 10 Mr. Newcombe There was objection and
adjournment Monday taken.
The affidavit includes these passages:
the IAN Day Of pses%0e ss @ Sas aRH e
bghi court aud ty then and hsIe ~ the pressne
page testimony which hey rrSd ana s~ore TO- me
presence Of Tie lary whereopou the
ssme handed Ia the for the deiendsD1 by the Re
,Ssr hour D:rc Attorney Msrns uPo3 Treseniins
contained p said paper were on serious moment thai
SER r,er On the same day Il mad public
sTeas LAT the isry had been 80 that
Il It's committed 10 and eOrra1Iy controlled IN
From be evience of Nesbitt and vickerman APP
pn the Jurors irving sad iSdictmeut unpleasant
RELATIONS eIi~i ell between them and said ko-ene@rg
Che r .. rs. 9, 1:s sy ss IN sns
and tina, sad a".rerr sSd osa S1 q saa
mar bad aade charge, against said Rosenberg 49, ..o
we s a.' s sTa Sf %
81. same way oil SsIg nn dsspSnnt anu That
ssa jury and did not perform their fun doiy
During q the testimony herein before referred
cor er al Objection proceedings STATING mat II tended
~ va. orIrfbe except presence
When an Adjournment had been taken Mr. MARITIME
seg 10 lind whether the jurors had been influenced
considerations mentioned. juror kOsenbeI g VINO
A.. the principal person referred to- called on Mr Mar
e who referred him TO Assistant District Attorney
Davis ROsenhergs affidavit. prepared by Mr. DAVIS;
seujr that the Juror knew what charges Nlckeran ana
Eesbjtt had made when they entered the room ana TOOK
ther csfis lie lid not know John Keenan, and did pot
mink when the men reading their ahidavlts thal
he charges referred his mountaineering Win any
one Interested the bribery cases he mac
no idea as TO what the charges We're
but knew that the men were his enc
mics lie was the least Influenced IN his verdict Oy
snVthinr that was d0ue il reference To the matter
Mr. MARITIME said that care had heen used not 70
have the urnrs the nature OF the accusations "he
tey were ia the juryD0x He expected TO prepare an
dovsts and would be really 20 proceed on MOnnay ie
sided. expect that sentence will then be pronounced
mad arreed 70 until Monday before asking thA NC
Oade 20 10 Sing sing do uOt expect 10 grant ANY fur
er aeIay II his lawyers obtain delays III such man
this they ranDot expect that IaNOIs Will Oo l'o
DIT any further voluntary delay. -
NJ Hoseubcrc still exceedingly angry at MS ioruei
Korsn.cn He is anXiOde ~ appear before tle 0ranu
IrN md M MARITIME 1nder cOnsGeIauOh MS request
10 l,e taken before that body.
Fx alderman McQuade although feeling his predlca
p,ent keenly, sti. keeps up brave appearance hI7
Eif visited him again Yesterday IN the Tombs Exsen
A1or grady with him Tor some tine .,
Nr NewcOnbe busy all ia, preparing MS evidence
OF which TO- stay Of proceedings ana also IA ge
tng ready to support ais proposed motion iOr
me- trial Mr. Newcor0be feels exceedingly nope
mi that he viii get trial. at least IRON
the General Term. In case piecise1y sinl
ar tried by Dir Ne~oon6e ID brooAIyh Shee. ne SAP ,
a charge vas made against juror. as in Rosenberg
cas- and the brought az before the JlIJ
new nal was ordered by the General fer although t
sifftng iudge refused IL