New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-12-23
NcoUADEs HOPES GROWING.
u,s CASE GOES OVER TILL NEXT WEEK.


nr WILL SPEND CHRISTMAS IN THE roMhs-wHAr
,.xrs . RICHMOND WANTS TO KNOW.
.s.or.de won't eat his Christmas dinner In Sing
so,,ea one of the adhercnts Of the tried. convict
-s "a .n,srcsd Alderman yesterday In the Brooklyn
~.r, rouse when learned that the argument upon
r,oton 10 show why stay Of proceedings should
NOT be granted had been set by Judge Pratt until
1uesaay The Supreme Court early crowded by
persons Interested In the proceedings The most con-
spIcuous persons General Tracy Senator Grady
and Mr. Newcombe. representing McQuadc; Assistant
District Attorney Nico representing the people and ex-
United States nistrictAttorney Tenney
When Judge Pratt took his seat Mr. Ncon said
that days had been spent in the trial and upward
OF 500 exceptions had been taken There were sixty
nine requests charge and many OF the exceptions
the charge Under such circumstances II would be
impossible for the prosecution arguments for
stay unless the exceptions relied upon in the appca
ton known BE therefore desired TO have the Err
pointed out which would be depended upon In the
application and then he would be prepared TO on at
forty -eight hours notice
General Tracy replied that he had already said he
would Indicate the chief exceptions. In arguing the
question would be to go as deeply into the
question IL before the General Term 70 show
not only probable for the reversal Of the
Judgment, but also the actual cause. in order
20 the stay of proceedings. bi the
OF indicating the exception its embarrassing
because the judges charge had not Jet been furnished
1t ready the argument could go forward on Friday
To further questions General Tracy said he would not
argue all 300 exceptions. although they were all
good would be enough to point out bakers dozen
which would be fatal
Mr.. Nicoll-Do you agree TO that
General Tracy-we do. We will not argue than
thirteen exceptions.
Mr. Nicoll-That is an unlucky number your client
After further discussion and owing to the Intervention
Of Christmas and General Tracys intention spend the
holiday In his country home the argument was set down
called article published yesterday morning to the
by prosecution, said OF course he was nxedfxed
By a' @s By fSeg nass THE that on
referred TO is probably Mr. Mnsgrove he has
erdsnce Influenced him. Mr. MARITIME said that he did
what would be the result Of the present appca
Affirmation Of tie judgment Copies Of the charge Of
Recorder syth were finished yesterday and we're gwen
The report that the case against Squire and Flynn
would ncIt be tried vas not denied or affirmed ~ tue
his mind He expected that and the bribery cases
and could not proceed quickly The squre-Fiynn ndct-
meni Is for msdemeanor and the two men Will be tried
McQuade appeared to be in better .pirts Yesterday
than on any day since his second trial began I.s
will be granted to him by the Supreme Court and that ne
will be released bail His wife and brother were with
him a. usual yesterday aud he besides. number
Of his friends The cell be occupies the one from winch
Jsehne was taken 10 Sing Sing.
Argument was heard Recorder smyth yesterday
afternoon on tina motion by counsel for James
Richmond for order directing the Attorney
TO furnish copy the minutes Of the Grand Jury the
indictments OF Sharp Richmond and their associates.
The hearing Of the argument postponed from IL
o'clock o'clock account OF the proceedings In
Brooklyn the motion for a stay in the McQuade case
Recorder smyth submitted a minor case TO the jury
while ex.Judge William Fullerton and other lawyers
waited be heard the motion BE had taken no recess
nd ha m
and apples while the lawyers looked over tne olfeis
DstrfcAttoney MARITIME and Mr. Nico appeared for the
prosecu ion Mr. Richmond. president OF the Broad
way Railroad Company Ia whose behalf the mo-
ton made, In attendance early and talked in
cessantly with several OF the lawyers. His face Is
thinner and more careworn than when he was arrested
He was in good humor and chatted with animation Elk
Judge Fullerton had donned black skull cap a. part
Dupignac. who is also one OF Rcnmonds counsel yonh
II Bird. counsel for Thomas b Kerr and John b. Stra-
cases sat near each other. When the Recorder
was ready Mr. Fullerton began He made only
in favor of allowing an inspection OF the minutes he
terrd to the affidavit made by M s eRenco
wac gwen against him before the Grand jury mr. fu
lerton not any IN which such motion a. MS
was Granted but reviewed Recorder smyths opinion
DENYING similar motion In the Jaehne case he
those in Jaehnes that there such reason
existed for secrecy on the ground nst persons @
in actual custody might obtain information that wona
Illustrate the ends OF justice The names or tue perso
indicted were and those who nsd not 1ssn an
called in the brief TO the case OF tno feoPGg
NaugltOn,
smilsr motion but argued thai the reasoning Of
that opinion was IN ldvOf OF granting sucA n4oHOH
under circumstances. .
Recorder sInyth asked whether the counsel TOT the
defence show section OF the Code giving ahor
NV 10 grant such a motion Mr.. Fullerton could not,
though OF section 313 OF the Code OF criminal
Procedure argued however that the court nao inc
aiDherent right" to grant such motion
have heard great deal lately said the RECORDER
the inherent right but do not nnd out exactly
what il includes" No..
MIR MARITIME read IN answer Mr. Fullerton an affidavit
In which he denied assertion that the names OF all the
witnesses before the Grand Jury had not been gwen
He called attention 70 each one OF the neen nane WIN
ten ON the those Of witnesses Most OF them
had been witnesses the Senate committee ana az
the Jaehne and McQuade trials and several OF them hed
close relations with defendants sharp and Richmond
LAWYERS Alexander Bright and scrbner had been their
COUNSEL Mr.. MeI.ane sharps secretary and MI.
Townsend their accountant MI Klce was
cashier who had been examined before the
senate committee; Clerk Twomey and ex-Alder
man Waite were witnesses against Jaehne ana
McQuade So with the others. The defence mad posses
sion of all the principal facts
MIR FullertIn-We want The details.
Mr. MARITIME said that the defendants were rlch and
powerful and ought not to be allowed pr1yl
announced that he had just been informed tnat nc
application In behalf of Jacob Sharp similar TO that OF
Mr. Richmond had been withdrawn
Nelson said that there was no intention 10 ass
for privileges which poorer could not have He read
from the affidavit formerly presented by MT kchinohd
10 show that he did know when and how the DflOeJ
committed z....
Recorder smyth took papers and reserved his deci
ion
TWO DEPCTY COLLECTORS FOR ONE DIVISION.
~. fnp