New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-09-29
ARGUING FOR COMMISSIONER PECK.
A MOTION TO oUASH TIE INDICTMENT AGAINST
HIN DEDATED-THE CASE ADJOURNED
TILL MONDAY.

Albany, Sept % (specaD.-Agaln today the PEG
p,e who are prosecuting Charles F. Peck, Commits
sioner OF Labor Statistics. were disappointed one
OF the three actions against hm-that brought by
Albany's District Attorney, Mr.. Eaton-came up De
fore the Court Of County Sessions this afternoon.
Mr. Meegan counsel for MIR. Peck, moved to qunsh or
set aside the indictment. reading affidavit In sup
port OF his motion. This get forth that on sep
TENDER 16 an application for warrant against Mr'
Peck was made before Justice Guttmnn. TN that
application evidence taken in secret and then
published TO the world. The warrant was granted.
Mr. Peek was arrested and demanded an examnauon.
This was accorded. and the was adlournJ nntll
tomorrow, Mr.. Peck giving bail TO appear at that
time, when he would have been prepared With evil
dence TO prove his innocence beyond a doubt
Now while the case pending In the ponce
court with the defendant bail 10 appear for exam
nation the District Attorney, in contempt Of The police
court and magistrate. fakes The evidence ana gong
before the Grand Jury. secures an indlctmeh, TOT
the snme crime with which Mr.. Peck charged
In the police court, which fact Is also published
broadcast with the design Of blackening Mr..
pecks Character and throwing discrcdIt upon Ms o.
fetal administration. This was done without Nr.
Peck having had opportunity Of challenging the
array OF grand Jurors and II apparent that some
were open 10 challenge.
Mr. Meegan quoted various sections OF the Code 70
show that the District Attorney action was irregular
court Transferred the case TO the Grand Jury lie
also reviewed the law beorng on the point. 1t was
only lawful and proper 10 take care befoe the
Grand Jury while pending before the police court
when the statute VI limitations might Intervene, ana
bring about a failure Of justice. Quoting from Ed
munds's Reports, he showed that q defendant cannot
be deprived OF the benefit OF examinations IL
must be completed before his Gun be taken before
q Grand jerry. Judge EdmuDds had held that II
would bo safer 70 consider irregular and void an
md1cJmefv found this one against Nr Ieck had
been Mr. Necgan quoted the cases Of the People
vs.. Strong. French the People. the People vs.
Horton the People vs.. IIefernan. and the People
vs. Westbro0k Under all these authorities he con.
tended that he had the right TO come in and ask that
the case be RENTED back to the police court for
dis position In the ordinary way.
lie also quoted n recent decision Of Judge Rumsey
In the case Of the People vs.. Burton In which the
Judge had held that II the defects irregularities
specified in section 3l3 OF the Code existed, the
court must hear a motion 20 quash and II was In
Its discretion Ia quash on Irregularities not speci
fed I'm the section. If ever there existed cause for
ouas,dng an indictment, II existed IN this Thers
was An attempt to blackcn the character u The
Commissioner Of Labor Statistics Of the State. No
sooner Is the warrant found than the fact Is telo
craphed broadcast, and few days later. when the
indictment is found, that Is also sent oIt Under
all the circumstances the motion 10 quash Should be
granted.
District Attorney Eaton replied TO the argument
Of Mr. Mecean. contendng that his proceedings In
Mr. Peck's case had been regular. There could b;
no oucson that the motion based on The GROUNDS
claimed should not be entertained at this time AT
Eaton also cited numerous authorities 10 show that
his position was the proper one, ana tkm Mr. Nc
ran,s positiOn decidedly improper. There coula
I've no question that the Grand Jury, as an independent
I5dy could inquire into every matter brought 10
Judge Clute adjourned the until Monday, re-
serving decision until that time.