New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-04-11
ATTORNEY GsxEKALs OFFics Albany Junusry u, 1871.

soyS ,Se hCoor to acknowledge the receipt your En-
n eSan0n ,osssr vim copy Now 81 'e Yo Sss o S
Grand Jury cf,hsi County delivered IN November last
ss the 10 Which the esOny
before examining magistrate charge against James oion
~p public sOd also that portion which the Recorder
eising certain papers the possession Of
Pierce belonging bs said ehs"orth ana my opeon &C.
whether ihoe occasions are aSuhod by tic
ssre oub, right CT the Recorder ~ examining
;uSse sas Supreme cons OSsa is uau,u for either
bo to Try Ike accused IN case he Is indicted not perhaps
che ousee that bis rrd should be prc-o7cupsd With
magistrate has asO by STATUTE right to associate another with hr
privilege which justice q hC peace nO sspe
cases. With advantage 10 the public 49,
the Recorder alleges has been made against him. usuppg
authority which does belong his oe nn ss
eop as the magistrate pfsd that sufficient exists for do
tanning the accused the object Of tho examination rcd ord ell
testimony en ser tie eoassS is taken without laodon
and manifest usurpaon OF tho powe's end duties OF the grand
nquer, Of the County.
The charge a, The examination inquisors p equally un-
founded provided conducted good fh Rhs tre iltOpt
that Gcptwort guilty imputed him.
noay pertinent sad for tho purpose vss allowed the
But nsntf under color Of investigating
charge sssa osa'sor irt'0rsn; testimony was r3sogs and
road Of being charged as eas and eopeS 70 testify under
cath their conduct rather than TO that Of ccatWor then
ss The nvegson 10 clear tho great pncple which
sugushes court from nqus'oa that no man saa be hold
appears by Recorders that tho testimony taken
before him. the exsDns magistrate, was published c. it
consent and 10 degrees unds bis supcrpeodcnce.
Tho souo. Inv il ito humane and polite watchUnSs to sasEd
glw Who accused OF crime tas advantage Of
Tie frs before the Ju.y and merely secret paris
rqpson ascertain there be sacea' eVideeee justly their
making charge psOc Aad putting @ accused upen hS dcence
The second the Pe yay where the prisoner is called
% Ssa second s p1 ana A'Aa IN n o''''
E1snnaions before magistrates The evidence
Of
accused merely enbo the magistrate q exercise proper dis
ssss ea
~, so sxsys .s;s2n When In session. tho proofs and
he eseasr Wien taken before t Grand lary required e
e KEEP s ss s :sas sh1 SasY '''a
The grand o 10 secccy and not allowed TO dsoso
de 0,dsaee soaa en'opsa certain eu'e' F'eaed in
Tsss ns positive requiring tho examinations before tee
sss Sors he Grand s aacstes very oaed the
rss lnpyopTsiy d sny and Unnecessary prblti
T.: ~ II
e uapred Ss reysrse the aeioas viii be Induced 20 uae
saisis % do pabs 5 matter ii notCristy ia Gaze
s.s us. Be- smeDs ndsed shsi Usao who can wan
ony place icose unexplained unsid, par!s and r
.sght DO kuo~s) pssjured stasueu,s before the world
Tho Recorder says he thought be discovered conspiracy 10
aoa by ad sae sseps.. offence kaosa to The lava
fesuires III poser md aseauy End Of the
and e Court, ehset Undo, these end deeply N
importance act of unaecouneSe mprudenc to publish sae
os"sqsa sod .yusss ss sses then Gee o
see suppress testimony and tampo with wpessss 1t may
ssbs 70 Hd an ndie.su. this casa evidence The
Recorder himself declares that 10 neither TIE uE, nor che
sdoss s knowp the svAeceS whlo any Of pae
Implicated 81 large"
fso ReeOrds: he though, neesssay e examine tha VII
tb Testimony Of the witness Of to-day read BY ose WHO are 70
become Ae Witnesses ofto.zOr'ov. v,., could
eossariy produce excitement and be attributed party T1ye
as usS h Tbe Eceods sS bat b. eSsod ss ac
ine political oYeo ard that said tina: he intended TO
Eeu be attributed 20 rss mistake in jrdgeaaa thu. siih these
warnings before biz, proceeded verify these ehsss cnG
BE ' pO S p1sd NS- ToaSo
, % s i so & 81 pso Sad s
So unusual calculated to usre the character OF innocent
lsps usasy po motive and basiag apparently podeA
bearing inevitably desYs1o The Court in The estimation Of ITO
Jury uhca IRE by pubic tie accused
presOt With bis council AID his Witnesses, nre and
explain and dpove exciting causes and when other tiai for
o0enee pending the testimony s ret o%ed q ee pub.
ihed and esar' the direction the Cou tea been held
Cor SiSh Tea,op one Cleaca. vas 6nod ESQ T ppbDg po
s Of Ss s SH 70 o SaS ss. Of eT Govt v Ss spp
city Of keeping The enouy Of witnesses concealed from partes
Tho san1troiOn Of ustcc, a,titary as
.hsa the evdeDee nus neoc,sy DO given IN ach cee
sadus fyor o. pssladeo o tbs Prssns q sud T. ala How
much see thos remarks wSoa ep2ued the i2fma
Indeed pr5co Of src testimony hss bsen scvey aninsd
yested by the C IL tie q Rex Lse, & Esp Rep
Saeb wassn icdeez k,r Publishing sSsav taken bsfore
e committing Magistrates the Cozt declare their opinion that
publication Of eyacncsbosce @ ofiBcH highly
urninsLr
k,h. Recorder explained bis motives FOR this novel
,ss shoud be boucd CHARITY believe that peculiar
I'D unprecedented bat unexplained circumstance Ia Tho
ssed the publication necessary s tie protection Of te eecsS
.. Of bseH or<oT the duo administration Of the iav in tee par
cr and any ether 70 which the accused
that eopcssbIs state eF fes woad justify such
illegal proceeding but that they might possibly rslcad upright
edge ais duty Bat tie Recorder Himself that be in
Dsced do beesu,e be heard OF eeuon made sganS him for
pcerg secretly end because the public nd excited and
peS and 70 give s1 opposteny for ezpana-
nooe sld den "Explsnkops and dent" by whom? Client
so he Aeevied before hiu and had opportunity ecWed
o bin BY bs make his explanations and tcne there The ex
preston h meaning ualsss be that the publication h.
ced rs oher Esors THAI the accused and put them
mar trial teo tribunal Of public opinion; cad that
ne htcnt undoubtedly criminal act and subjected the
10 On Indictment Another afsgsed that eora-
aEs nad Of bis proceeding secretly Has judge night
deyieis % the aocuosaed and proper course o.; Judicial
naron 70 @ssU against senecss eleEoor! Ths
Of Ydg has BEEN said ais but onothey for cor
spee No Judge who regards ooy "taa popularity which fol-
rvs not that which uopA shus es with the nights OF
ewcd lad the raced duties Of his high oee Rome OF the
o'se by the Recorder will bear exsnaon al except the
pu1 excitement that aTse szd 10 TO the
xeeu the publication could Ia the nature Of tugs have
cher elect shan thai pseda this fan tie eoa into
ace This prbcsoD ofhe preliminary testimony by tho ragiS-
'ae himself pending the investigation, sanctioned BY law or