New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-09-10
In THE GRAND JURY'S HANDS
The CEILING FRAUD BROUGHT TO THE
ATTENTION OF THE COURTS.
FORMAL ACTION IN THE CASE TAKEN BY AT.
ToRNEYGENERAL TABOR AND THE ALBANY
COUNTY DIsTRICr.ATToRNEY


COUNTY DIsTRICT.ATToRNEY
Albany, Sept. 9.-The September term Of the County
Court and Court Of Sessions convened this afternoon,
and the Assembly ceiling fraud was brought TO the
attention of the Grand Jury County Judge John C..
Mott and side justices Edgar Powell and Peter II. C.
Low were upon the bench DstrictAttorney Reilly
stated that he desired TO challenge two Of
the jurors, and asked Alderman Philip Russ, juror,
where he was employed. For the last five years,
Mr. Russ answered, he had been in the Office of the
State superintendent of Public Buildings; be had
worked under exSuperintendent Andrews, and had
spent portion Of his vacation this summer in
company with Mr.. Anrews but was not, however, the
guest Of Mr.. Andrews.
Whose guest were youl" asked the District
Attorney.
Il was visiting Mr.. Timothy J. Sullivan, who had
cottage near Mr.. Andrews" responded Mr.. Russ.
Juror Charles Tfernan then ques-
toned by the DstrictAttorney and stated
that he had also worked under Mr.. An
drews and IS still employed nightwatchman in
the Capitol, and had friendly regard for Mr.. An
drews He did not believe that his relations with
Mr.. Andrews were such as would dsquahfy him from
acting impartlally upon the evidence brought before
the Grand Jury
Mr.. Russ, being asked the same question. also de-
clsred that he could decide any matters brought be-
u
out Of his friendship for Mr.. Andrews.
Judge Mott addressing the two jurymen, said 81
am informed by the Attorney General and District
Attorney that the Assembly ceiling is to be pre-
sented to this Grand Jury. DO you believe that your
feeling toward any person whose name may be brought
into connection with the charges made in this case
will allow you to Judge impartialy and In all honor
upon the evidence and that alone9'
To this question both jurymen replied affrmativey.
DistrictAttorney Reilly however stated that while
he believed these two luIymen to be honorable In
view Of all the circumstances in the case they ought
not to be allowed to serve upon that jury In his
opinon the court had ample power, of discretionary
nature to excuse these
The court decided, however, that no facts had oeen
shown which would warrant the excustng OF the t"o
Iurymen under the provisions OF the code Inc lsc1
OF their having worked under Mr.. Andrews was not
sufficient since they we're employees of the state ana
not Of Mr.. Andrews. There was no authority LOT
holding that employees Of the State could not Iuoge
mparlay of charges in which another empoye oil the
State who had had official authority over them was IN
terested. .., ... .ho A.
torney General had something TO say In connection
with the case and Attorney General Tabor addressing
the court said:
II the court please before your charge to the Grand
jury desire call the attention Of the court 70 matter
OF great public Importance and which ought N re-
cetve tba careful consideration Of the Jury now empan-
pelled I refer IN what Is commonly known a. the
'eeng frsudo and growing out OF certain legisaaon
proyidng repairs upon the Capitol and the letehg
OF the contract under that legislation, and on work per-
formed under the contract the court is aware the
legislative Investigating Committee have made exhaust
i've examinations and upon such examinations MADE tnr
reports 10 the Legislature that appointed them concerning
the wrongs growing Of the matter indicated; ana
hIe not entirely agreed 10 the extent OF the wrongs
psrpead or the remedy be pursued both agreed that
qreat public wrong had been committed by somebody.
ona Of the committee reported In favor
n presenting this matter to the Grand Jury of
Albany County. AS this is the first
Grand Jury meeting the adjournment OF the Legs-
ature at which it practicable possible to prepare
presentatlon believed 1t to be my duty as Attorney
General OF the State call upon the DisrctAtorney OF
this county for his assistance in having the whole matter
NOW presented 1 need not say that the DstricL-
Attorney entirely agrees with in the prophey OF so
do 1arpe number OF witnesses have been already sub
noenaed for future day in the session OF the jury
beove that 10 quite important that the attention OF the
urv be called to the Importance Of this case ana tna
thew be instructed give It the time attention anu cou
do,t,oD which the importance demands to the end that
.vo,v norson connected with the matter, high or low
whom the evidence shall show to be guilty OF crime sha
no held for trial by Indictment therefore ask that tne
court call the special attention OF the Grand jury 70 s
matter with such other instructions as 10 inc Sou' n
seem proper. - 49,. T.. .Lo
Grand Jury After outlining the routine duties OF
the Juror, the Judge sad .-..,- =,
Tho attention OF the has been called to certain al
,c1 fropd in connection with the Assembly ceiling. IL
case Of the utmost importance and In It not only ae
peoe OF this county but also the people OF the entire oe
arc deepy interested This IS in fact probably tno nos
important case that has been before the "inu 'urs u
-. a., -. vo,rs You should give this a thor
-b trli and fair investigation. You should 90 as iar
into IL az you deem WISE 1t is the case OF the pope
acan.t certain individuals You should alo" no frlend
.bn or standing n the community no matter now hgn 70
deter you from doing fearleAsly your sworn uu'5 W.
- roaroto, your solemn oath and your manhood You
40 ltv ~ a. least moral perjury you wayer or fai IN
your duty II you find these men guilty 1t VIII oa your
duty TO find indictments against them
The jury then retired All the witnesses VINO U0s.l-
eod hotore the two Assembly ceiling special investi,
et,' committees last winter have been subpOenaed
Py the Attorney General to appear before the Grand
Jury ON Thursday and Friday OF this "eeh