New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-12-09
THE CASE AGAINST MoQUADE
MR. NIcOLL OPENS FIRE AT THE OUTSET.
FULIGRATF THE FIRST wITSEss--rRLLINe THE

Inc process OF obtaining jury 10 try Arthur %
McQuade was completed yesterday afternoon and the
| hearing OF testimony began Immediately. Three
hundred jurors examined and nearly fifty persons
occupied seats In the jury box before the jury was
sworn Nearly eight fuI court days occupied in
obtaining the jury. After the jury sworn he tri"
proceeded rapidly and before the evening session was
over q large part of the important testimony had
been given.
The opening proceedings had nothing to distinguish
them from those OF the proceeding days. The court
room was only partly filed and little interest was
shown. as 1t not expected that the taking of test
mony would begin. Recorder Smvth opened court
promptly and, before, Distrct-Attorney MARITIME,
Mr. Nicol and Coloue Fellows appeared tor the pros
e;utiona and General Tracy, Mr.. Newcombe and e1-
Senator Grady tor McQuade. The 6rst applicant for
the twelfth seat, which had been made vacant by
perempory oh ,llcnge part of the defence was
Louis Levy Trainer OF No. 348 West Forty fourth
st. He is young of moderate intelligence. He
had no opinions Of much strength to the defendants
guilt and quickly found hts place in the jnry-0ox.
The prosecution then challenged Harris Rosenberg.
the sixth juror, who chosen ten days ago. he
was the last of the original members OF the jury to be
challenged. He had been well contented with his
position and frequently the only person who
seemed to enjoy tho proceedings lie lett his seat
relr ctantly.
Alexander NJ Ross, carefully dressed young man,
who not in business said in answer to the Recorder
that he had not sufficient control of his sentiments TO
render a verdict without regard to mis- opinion.
Frederick b. Fellows. chemist OF No. 40 Broadway.
was nearly chosen but be was not certain that he
could decide without reference his opinion. lie had
seen Billy" Molouey in Montreal He was pointed
out at the Windsor Hotel but the witness did not
peak to him. Maynard HOLSTER, OF No. 81 West
Thirty sxth-st salesman, answered the questions
with great intelligence aud said that ne would con.
sder the evidence alone General Tracy asked one or
confusing questions, but finally Mr.. Holiister took
the sixth seat.
The heads of District Attorney MARITIME, Mr.. Nicou
and Colonel Fellows were close together tor q few
minutes and the rest the consultation was cha
enge OF the twelfth juror, who hal taken his seat
few minutes before. After little difficulty Walter A.
Rockwell, OF No. 12S West )ne hundred and-twenty-
third st.. secretary at the Panama Railway Offices
chosen as the twelfth juror. He has an intell-
| gent appearance General Tracy had already ex-
pressed himself tented With the jury and after
| brief consultation with his associates Mr.. MARITIME
said We content"
| THf JUaoRs AND HOW THEY LooK.'
| Recorder Smyth smiled in relief He has felt mach
responsibility the selection OF jurors he took full
of the and residences of the 800 Jurors
who testified and oil the the important ques-
tons. lie exercised freely his privilege OF excluding
persons who lacked Intelligence not familiar
wIth the English language. He promptly directed
that the jul be All OF them took the oath on
the Bible except the foreman, who a-hrmed. The
names and addresses OF the jurors are:
Henry ottenb cigars No. 342 Esst Twenty thir,st
5 EyaT n @sG Sn c Sa 10 IS wa rrs
Cyrus fancy gSods n 90 Az 30 GrOA"a'
aay5srd HoIsier dealer IN wcoens No 81 Twenty
sixtn-st
John r j. Russ, lumber No. 500 West twenty: o.rlhst
Charles q Kinds o'ccircea Instruments no ALB West
G,;see X. Davis. liquors No. q chambersst ,,s,
Water Rockwell No. l2o " est Une-iundIod anu well
ty.third-s'.
The jurors are NOR, intelligent in appearance than
the memoers OF tbs former MoQuade jury The fore
man is a rather jolly aud loIuacous German. who
takes great interest IN everything that goes Jn
about him. The second juror. MIR. Woodruff, Is plain
and quiet man, in the younger middle age with dark
sdewhiskers. Juror Musgrove, who has been cashier
tor several years IN china store: had not paid mneh
attention former proeeedings in the bribery cases
ut ex pressed perfect fairness IN feeling tie has as
| nus next neiRhbor, Cyrus Schoonmacker who is the
most decided " character among tue jurors He has
high forehead with curl oi dark hair over it. His
long gray beard is untrimmed. lie pr tested strongly
when the jury was about to retire Tor dirner against
being compelled, he had 10 pass the night away from
| his family 10 occupy a bed tn any other Jator
| Mr.. Nicoll assured him that each juror should have
| separate sleeping accommodations.
The fifth juror who is III tine insurance business,
looks like student be spectacles and IL pale
and thin. The sixth seemed esE ecially inteli-
|
had difficulty in laying il ASIDE and judging on the
eviaenor. The seventh, Aoolph libko. IS stout ami
partly bald-hesded he has u rather s'olid appear
snoe, but watches the lawyers and witnesses care
fully. He has rather solid appearance, but watches
the lawyers aud Witnesses carefully. Juror hoss has
a heavy dark mustache and whiskers aud an intell-
gent lace Jacob Rosenberg, No. g. all. has low
forehead and red whIskers. lie ha~ tour tailor
in this city, Philadelphia and Brooklyn: Jur +
| Kinds, who has the tenth seat. has gray har and
mustacbe. lie has read newspapers most OF the tune
while he has boon in the jury-box lie TAKES snort
glanees al the tnesSes through ar Oh eSe-elss's
| the jury. lie has a high forehead and short dark
beard and is carefully dressed The last seat Is Decd
| pied by alter s. Rockwell young busi.ess man.
who has ntelli gent face. lie keeps his eyes con-
stantly oil the witnesses.
| OPENING THE CAsE.
Tue opening address to the jurors was made by
Assistant District Attorney NicOD. He has had per-
sonal charge of the investigate the beginning
of the attempt the conviction Of the Alder
| men accused of bribery. The facts and incidents
surrounding action of The Aldermen are as familiar
TO his mind if they bad occurred III his presence
Mr.. Nico; told the jury what he expected TO prove.
| He grouped the facts with great skli and made an
extremely clear orctbe presentation OF them. lie
| said IN substance:
| The defendant is charged with agreeing TO receive
| brbe IN connection With granting franchise 10
the Broadway Railroad Company. There are some mis-
conception that ought first to be cleaed away. FOR
one the defendant not charged with having resolved
| a sum of money for his vote. The law makes an
agreement to bribe equal offence with the
| taking a briDe. The wrong complete when the
! agreement to receive q made Another matter thai
should be put aside this The prosecution makes no
clam that tho Broadway Railroad was not or Is not
| puoic benefit An on cial may be- 6ribed IN the per
| formance OF his duties well as when lie does not
perform bis duties The crime Ia such as have de-
scribed. How do the prosecution expect to prove tbat
the defendant is guilty by both direct and crcunl-
slantia evidence. we will show by dlrect
evidence how, when and where the corrupt
| agreement made. The time Of these
| TRANSACTIONS which you should bear IN
| mind Is from April 1884, to December OF that
Tao latter part Of A:rii 1884. brfore tue Grn-
eIal RsLi0d act lad brrn pasted, there was e uhs
q" sight or nine memers the chamber OF tue Boar or
Ahiermen, at which IL that tnero should be
"on AMONG tue members ~ Include Is majority
| al mel .b~rs