New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-03-08
NEITHER ANXIOUS TO ACT
RECORDER SAIYrH AND COLONEL FELLOWS
RELUCTANT.

rsTISG DIALOGUE.
The complaint charging jay uou'u anu U.s. m'aa
Sage with the appropriation OF DehNe' "."o
,,acis belonging to the Kansas Iacinc pohdhoiuc7
oocupied the attention OF Recorder Smyth yce.cf-
dov morning District Attorney Aartine' D's'ncV
Attorney Fellows, Judge Cowing ana one or TWO
Grand Jurics have already considered phases OF
thu subject The case went before the Recorder
,.s,.,fav On a statement made by District-At
toruev Peliows Although Mr.. Fellows did not at
a.. anrarently intend to take any definite action,
no was compelled in order TO have the matter con-
sidercd 10 make motion that the complaint DC
admitted again to "a Grand Jury, although one
Grand Jury had dismissed it.
lie Ianeey NicOll w. II. Delaney and H. Il.
Andrews counsel for the Kansas Ihciic bond
holders were present, and they Occasionally ,ias
PROMPTED Mr. Fellows. They had printed briei
on some of the points involved, and the DistIiet
Attorney handed a copy of the brief to the Re
corder. Tho work OF examining Jurors IN 'hc
I.ongobardi murder trial case was suspended while
Mr. Fellows made his statement to the Recorder
lie sand that the complaint was nrst MADE on
October II, 1887. District Attorney MARITIME IN
the latter part Of December MED meI nor Grand
Jury Mr. Fellows rclated his own experience
with the case. He said that every witness
whose name was suggested, ana VINO couio 'ilro"
any light the case was called
, NO DISPUTE ABOUT Tar FACTS
There was no dispute as to the facts in the case
0e appearcd before the Grand Jury and told them,
when asked as to tho Statute Of Limitations that
they must find that the crime, il any, had been
committed within five years. newspaper &C
was read, relating the proceedings before Judge
Cowing when the Grand Jury asked for instrnc-
tons as to t, ; the stS of and fs
lows said that there had been sono public criticism
Of the action OF the Grand jury, and letter had
been sent by the attorneys for the compalhan,s
.ry,f, <l.ot
Grand Jury.
THE nEcoRDYR INSISTS on BAvING MOTION.
lie said that he had nothing further to do but
to submit the case to the Grand Jury.
The Reeordes-what 10 your motion
Fellows-I about call Honor's attention
to the statute which dismissed by one
Jury therefore barred from presentation to
another Grand Jury II the Court shall decide to send II
tftlher Thera Is not word said In that section or
any other statute whether there IL any imposition
o. duty upon public Official whether the Dissatisfaction
neg may present this matc,. whether that may DO
done by the counsel for the compliments or whether any
person Into court " axe that suggestion III
Is left to the discretion Of the Court The DistrioA At
torney can only that full examination OF the aets
is made II that is accomplished the District Attorney has
nothing further say his duty has been discharged III
full examination has not been made. the Distct Attor
ney only express his willingness to have an in'osga
sion made before any body competent to make It, rs fully
freely and often ss may be consistent with PUBIC
prepriety and the due administration Of justice.
The Recorder-Do you now mike motion'
Mr.. Fellows-I mako no motion simply submit the
hattcr your Honor.
The Recorder-why should you do thai
Mr. Fellows-only the which have stated.
end because have been requested TO In this letter
The Recordcr-I do recognize letters recognize
you the public prosecutor OF this county, and IL you
rise your place make motion will make some dis
position Of It,
Mr.. Fellows (hssitsting for few moments)-I VIII
Honoi that uLon the state OF facts shown THIS
case may be again presented To the Grand Jury
The Recordcr-Tfst is your motion Now let me ask
you something understood you say that advised
the Jury their duty in respect to the aues
tons involved
Mr. Fellows-I advised them to what tho law was as
I understood IT,
THE GRAND JURY KNEW ALI. ABOUT IT.
The ReoordsrI understood also to say that oil the
facts In their possession which were within the
Of the public prosecutor and that those facts were
phosd possession Of the Grand Jury to enable them
10 IND out what the hcS were and when this alleged
crime psrpetrated
MI pelows-Upon that there can DO no mfs'ndersand-
ing anywhere We went 10 the extent of calling
one the for tho compliments In the case before
the Grand jury he being as witness ana being
by whether he could suggest any other
witness any other evidancA
Tho Rsoorder-I understand that all the facts were
before the Grand Jury enable them to determine the
question 70 when tho alleged 0uence was perpeIsed
Mr.. FslioWs-Yea
Che Rceorder-Havc you sny new facts,
ar. Fellows-None whatever
Tho Reeorder No new present that question
MI Feliows-No; none whatever.
The Recorder-Do also understand you as stating thae
the Jury found the which you bound In the
sbsencs proof the contrary to assume that they DID,
there proper spplica ton Of Tho law. a. you under
Stana IT, 10 those fsctsf
Mr. Fellous-Certainly If the Grand Jury found. as
Estter of fact that the alleged crime committed Ave
years prior to beginning Of this prosecution then the
1rsnd Jury barred from finding any Indictment
The Recorder-Did not tho Grand Jury so fnds
---dr. FsiowBJThat is for your Honor to determine
rhe Recoravr-No IL is not for me to determine
Mr.. Beiiovs-Ths Grand Jury made o presentment In
court and 10 not fer me to put my construction on It
The Recorder-It is not my province to give con-
strucuon 10 that which Ia not before me-
Mr. Bellows-Yoss Honor will eonceds that 1t Is not
within my province say what the Grand Jury meant
can tell you they said The Grand Jury said that
having advised by lie Court and by the District At
toney questions Of law they did not feel warranted
In nnding Indictment having the facts before then
Tho Raeorher-You have additional ectsf
Ar. Feows-I have none
Mr. Nicou leaned over and spoke to the Dis
sies- Attorney and Mr. Fellows then said:
have been re4ve.tea to ask your Honor TO examine
the bsiess which before you
TIE Rccerder-Do I understand you as asserting here
that Judge Oowins did give the proper legal direction
20 tho Grand Juryf
=. NE yelews-I do not 90 slsgA
The Reeerdsr-Do you ~ his ruling rights
Af. Feiiows-In my conception OF the Nv, your Honor
but answer to make. Tho question as to the
hour when the crime committed Is question OF act
Grand Jury which, within the rulings OF the law
It Il easy 70 nnd
, THE RECORDER AND JUDGE COMING.
The Recordcr-Let ask you another question DO
not purpose To dispose this matter bu. want TO
ses all the leht can It. What right have judge
hsvins merely coordinate jurisdiction with Judge Cowig
20 sit here and review his action IN the absence Of any
sscsf
~ Ham haa fs
eowed By Of the code which is before you 1t
nsys that an Indictment having been dismissed By one
Jury may thereafter DO presented to another Grand
6ury. II the Court 50 directs.
The Recorder-Is 1t not more than thatl Tint the
Court decide that there is good ason for
Submitting the matter q Grand Jurys
NJ Peilows-Yes.
TSs Recoverable statute moan, II be