New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-11-29
WAS M'QUADE'sJURY PACKEDS
AN INVESTIGATION BY Mr.. MARITIME.
Mr.. NIcoLL SAYS TBE LAW WAS NOT COMPLIED wrfn
THE COMING JURY.

Mr.. NIcoLL SAYS TBH LAW WAS NOT COMPLIED WIZ
-THE COMING JURY.
The painstakng efforts made by District Attorney Mar
tine and his assistants to proper jury TO try No
Quade were at the time generally supposed to be
fu With few exceptions, the twelve selected
considered to be fully up to the average trial Jury pono
OF character and intelligence There nothing known
about any OF them that aroused serious suspicion or
caused the public to think that the ends OF justice
likely to be thwarted and they carefully guarded
while duty by trusted officials that all fears Of their
being tampered with set at rest Tn consequence Of
this when In the face OF the garing evidence they
failed to find McQuade guilty. their honesty scarcely
called into question. They were set down stu
pid by the majority of thinking people, and
Recorder smyth was thought to be 10
blame than they for the disagreement
in charging them in the way in which he did. Certain
facts however have to light within the last day
two that place these gentlemen in somewhat favorable
light and leads the DistrctA Attorney and great many
others TO think that the jury not the judge who
TO blame in not eonvcting McQuade. In other words
there strong for thinking that the jury
packed in the prisoners interest and furthermore, t(
effort being made repeat the operation in the jury
that is to try him again.
The ingenious manner in which this and is being
done may be briefly told. The law requires that the Com
missioner OF Jurors shall begin the preparation OF tho
trial jury lists in May and file them with the County
Clerk before October While he Is expected TO put on
these lists the names OF all persons liable to
jurors the provides that he may from time time
after October return certified copies Of additional ists
containing the OF persons liable jurors
which omitted from the former lists The ntent
of the law is that the Commissioner shall do his work be-
tween May and October According 10 the statements Of
the District Attorneys assistants this law not been
complied with by Commissioner Reilly. On November
II, just before the trial OF McQuade began Mr. Reilly
fled list OF over 1000 names which were put into the
box and from these drawn the of the jury
slfa
made up entirely OF omitted from the regular list
requires large OF creduty and faith in the pres
Commissioner. But this is not ALL Just before tho
trial brought to its astonishing termination Mr..
Reilly appeared at the County Clerks office with another
list of nearly 1000 names and these also put into
the box from which the second McQuade jury is to be
drawn.
And the most singular fact of all, and
that opened the eyes many heretofore unsuspect
ing persons Out of the first fifty drawn fee tho
second jury thirtysix nearly 75 per cent tAoss
OF jurors these two additional lists filed after the time
specified by law. When it is remembered that
McQuade was, until few days. of Reys bondsmen.
and that John Keenan, the Commissioners most init
mate political friends and hackers the significance OF these
facts becomes and more apparent
The Attorney has been quietly investigating the
and is probable that important revelations
will be made few days Mr. Martine's energetic
sstant, Mr. Nico said last night that they were not
prepared as yet to make any specific charges against
Commissioner Reilly further than that the law had
not been complied with by him
1--WE want TO have abundant proof OF wrongdosng, no
added before make any allegations against public
Official but there has certainly entire disregard
of the provisions OF the in this The idea Of
the law is as has been stated, that the additional Lists
shall be OF omissions only, not that large additions shall
be made 10 meet the exigencies OF any par
ticular trial. 1t is not intended that only
comparatively few names shall be
filed before October and the bulk of them after that
date as would seem to have been done in this
the did provide the Commissioner OF Jurors
would have in his to salt almost jurybox
with sufficient number OF friends OF the accused man.
some OF whom would be certain be drawn and hang
the jury do not say that this has been done in this case
only it certainly looks suspicious and propose TO In
vestigate the matter fully"
"What do you intend to dor
"Well, we have not adopted any particular line Of
action yet but thing Is certain, shall certainly
insist upon having the law complied with that strict
y, otherwise might well give up the business
rely for the obtaining OF jury in any other way than
the law directs would be farce here IN NewYork It
is true that there were some excellent names on
these additional lists but this Is a simple
precauon that 1t perfectly natural 10 take No,
going TO find out, II possible. whether i was or
not and also make sure that the new jury VIII not DO
Mcnade spent the greater part OF yesterday in the
company OF his wife and family, who down TO tho
Tonlbs early in the day and remained until late;
and remained time with him. To some OF these he
expressed belief that he would be acquitted and they
all agreed with him lie in good spirits, expressing
great satisfaction at the prospect early and speedy
trial In consequence of the announcement OF the prosec
ton that no new evidence would be offered NO jury ne
thinks will convict him the testimony OF Dufy and
Fullgra His bondsman, Mr. Foley shares IN this belief