New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-07-01
GLAD TO DROP THE CASE.
THE DIXON INDICTMENT DISMISSED.
TAMNANY HALL FORCED TO 30" IL fo"AS
oPINToN-JosEPH KoCTs FLIMsY
PaIJOON BURSTS.

BALLOON BURSTS.
The discovery on the part OF the people that ram
many Hall had invaded the sacred precincts VI ~"
Grand Jury room, and had secured the ihoio ,,
the Rev. Thomas Dixon. .r., for che aiege" ho0o
OF Excise Commissioner KOch caused so muc" "
among ths wigwam braves that yesterday IL was .o
cIded that II would be wise y drop Che case. Ac-
ood,ncy two Tamnany officials. by due course OF law
on being made aware that the Tsmmany Hall con.
spracy was known outside OF the secret poh"c"'
organization made haste 10 undo some OF tho usr-p
utable work Of the Grand Jury, or une
loon" Grand Jury. and the indictment against MI
Dixon was quietly dismissed And ono Of the results
OF the rapid change OF affairs Is that Cunning S. Bed
ford who was In charge OF the Distrct-Atorneys
Office at the time the indictment was returned aEas'
Mr. Dixon, Is inhot water. There Is also an uneasy,
feeling OH the pnrt OF many others, ana u Is tne uS
belief OF many that Tammany Hall was afraid 70 press
the case against tire minister after the pl't had been
exposed
The indictment agninst the courageous young min'
lister was dismissed by Judge MARITIME at the susges'
Distro; Attorney Nicoll. The Attorney
goes into III elaborate explanation Of the reason WI!
he made the recommendation that the indictmeh 10
dismissed. In speaking Of the case to Tribune re-
porter In the afternoon, Mr.. Nco said that he haa
a consultation with Mr. Ptman. who Is counset lot
Commissioner KOCH and Edward ). Chnch' aV"'"e'
for Mr. Dixon before he took the matter Into court
for Judge Marines consideration, and at that ae
IL decided that the case would better be thV""
out OF court The DistrictAttoTey's complete arsu-
ment for not wishing take further acuon against
Mr.. Dixon is given In the following language
After herring counsel on both sides nave come 10
the conclusion TO recommend the dismissal Oh uns
Indictment. There may be doubt whether the case
although the language used was Incorporate ana pro-
voking-falls within a statute which allows greas
latitude where tho comments published relate TO puolo
affairs The policy OF law permits the publication
OF structures upon public offices which If directed
| toward private persons would not be tolerated.
"whlle such structures are often unjust it is prob
ably wiser to suffer them to be published rather thah
to attempt to restrict. by a severe enforcement OF
| the law against lbc constitutional freedom OF
speech. They produce little effect upon the PUBIC
| mind where as In this case, they are uttered by
| comparative stranger TO New YORK, whcre 'hey are
coucIled in reckless and immoderate terms, ana are
accompanied By ndiScrminate abuse OK al PersohS
in authority It has been suggested that the de-
| PENDANT NAV be prosecuted common raileT, ana
that this common law offence Is inciudea "i''''
section 3sj of the penal code relating to nulsances
In this connection referred to the case OF Com
monweath versus Mohr, 81 Pennsylvania state reports
| 243.
.Grautlng that the code has not abolished this par
ticuIor form of nuisance am Of the opinion that TO
constitute the offence there must be evidence Ok thc
constant and habitual Of scandalous ePte's 'eo
Ing to the disturbance Of the public peace, as In the
case of Commonwealth versus Foley, 90 Massachusetts.
407 do not think that the defendant has yet mace
| himself amenable to prosecution upon this theory
| judge MARITIME not asked In open court 10 us
miss tho indictment. Newspaper reporters were In
| Judge Marines court room during the whole time ne
! was on the bench yesterday, but 1t was not Rno"h
! that the case against Mr.. Dixon had been thrown
ont OF court until tho Indictment, with Judge Marines
decision written on It, discovered among the pubhc
documents in the Office OF the clerk OF the court Oh
General Sessions Here the indictment which evidenV
Ind been taken in and Of court In most qnles
manner was found and on the back OF the document
was written in Judge Marines handwriting;
The Indictment was handed to the court with the
District Attorneys arguments, and on MS recommends
ton the Indictment IS dismissed
| More 0, the part which Mr.. Bedford took In
sending the case 10 the Grand Jury on last ff1day
was learned soon after II discovered that the
Indictment had met o Just fate. The part "hich
he took rs told by q criminal lawyer who s IN q
position % know. Just this:
| Mi Bedford was Acting Dsrct-Atorney at the
time Mr. Nicon WIS at the Chicago Convention, and
he decided 20 become famous II possible during Mr.
| NlcoN,s absence. lie has succeeded admirably only
the fame IS u the wrong sort. He WAS Informed tat
| Polio. Just &c Grady had held the Rev. Mr.. DIXON
for The Grand Jury. aud he thought that the time
Rad come When he wns 70 himself with glory
IN hi, surcr+or's absence He had the case rushed
he,orc the Grand Jury. Here he made one OF his
IN. c.d.e,ge speeches and the Dixon case was sub
mitted 10 having first accomplished con-
Siderable lobby work tcforc entering the jury room.
Before Mr.. Bedford made this b!under the
case was freely discussed I'm the DistiittAuorhey
office and II was suggested by the more clear-headed
mon thcro that il would be good idea to send 10
! Mr. Nlcou who was In Chicago, and to ask for MS
advice But Bedford would not listen 10 any sug-
eeStions lie said he was the District Attorney lot
the time being and that he knew enough TO run ule
office Accordingly. the Dixon case was presenter
when Mr. Bedford knew that true bill would be
nln
Jury and learned the views Of It's members Ana III
| that vny the preacher indicted But the Acting
District Atorney did not know that Tho Tribune would
ean OF the conspiracy To make things unpleasant for
Mr. Dixon. Ilo thought that the plot woud pass
by unnutced and probably Others In the same once
! were of the same opinion. But when they saw that
the game wa, up. they thought 1t about time speedily
| IN end the affair. ard the was thrown out OF
court I'm a. Quiet n manner possible. And instead
Of Mr. Bedford finding himself lifted TO the mghest
pinnacle OF fame Mr. Bedford discovers that MS posi-
ton Is most ignomlnious one, and That he has
dragged OF his associates, 10 great eAc"'' h'o
tho same unpleasant mess
"It Is also said that Mr.. Nlcoll found himself in
n peculiar position wien he returned to the ohce.
ana learned whnt his iud>creet assistant dad done.
When the Excise Commissioners were indicted
s,metlme ngo Mr. Nlcol made use OF some expressions
about Mr. Koch similar 70 those used by Mt.
Dixon. AT that time no had sad that the Excise
Commissioners ought 10 DO sent to the penitentnry.
These and many more unpleasant things did he say
| about the Commissioners whom he was prosecuting
lie was placed record rs having said these things
| md the District. Attorney In view Of these facts
! Thought TINT the position would be regarded as
something Of AN inconsistent one, II lie assisted Mr..
Koch in prosecuting his case. aud therefore 1t was
decided 10 drop the case
The Indictment quAShed!' exclaimed Edward s.
Clinch counsel for Mr. Dixon. r.. when Tribune re-
porter called at his house. No. 1873 West Onehundred
/ and Twenty nrsi-st That's ncws 10 me- l had not
! hcnrd Of IL yet left my Office early. had an
engagement with the District Attorney today but
hrlur detained by another case, sen. word " that
/ eir.sI Tammany Hall and Mr.. Koch must have been
frightened on by the defiant attitude OF the fearless
nreacher and tne onslaught which all good citizens