The evening world., 1893-07-11
Judge Moore Gives Him Permis-
sion to Copy the Minutes.
The Mayors Affidavit Calls His Ac-
cusers Base Perjursrs.
He Declares that He Wants Their
Names to PuAlsh Thsm.

+. Tracy spent half an hour this morn
Ing pleading with Judge Moore In the
Brooklyn Court Of Sessions. to give
Mayor Boody an opportunity to vindi-
cate his character.
Before that. Boss Hugh McI.augh-
lin also had an interview with the
Judge, presumably upon the same sub
ject. The two were In conference over
twenty minutes.
AZ q result. Mayor Boody will get all
the opportunity he desires He will be
allowed to inspect and take q copy Of
the minutes OF the June Grand Jury,
which said he ought to be indicted. and
which would have indicted him but for
District-Attorney Ridgway's interpre-
the responsibility Of making them pub
lie.
The strangest part Of this mornings s
proceedings was that. besides making
the motion to inspect the minutes. Gen.
Tracy went into a long eulogy of the
Mayor, and the District-Attorney fol-
lowed suit.
Mr.. Ridgway further took occasion to
vindicate himself and his Interpretation
Of the law. at the same time. threaten
Ing the member Of the Grand Jury that
first made the complaint.
The ground taken by both lawyers
was to the effect that the evidence upon
which the Grand Jury's presentment was
based was perjured.
The courtroom was crowded when,
promptly at 10 o'clock sharp, Judge
Moore ascended the bench. and then
Gen. Tracy arose to make the motion.
He began BY reading the presentment
| OF the June Grand Jury, which censured
the Mayor and the cold thirteen men,
beB Of the Board Of Aldermen. Then
he asked that the Mayor. In order to
vindicate his character. be permitted
to inspect the minutes and make a copy
Of them.
Reading from a petition which the
Mayor had sworn to q short time be-
fore. he told Of the action OF the Board
Of Aldermen on June last, in giving
away certain street railroad frachises.
He found that the company obtaining
the franchise. generally known as the
Flynn syndicate. had guaranteed proper
compensation to the city in the nature
Of yearly tax upon its gross receipts.
The Union Street Railroad Company,
said the Mayor. had appeared on the
| scene also. and offered a gross sum in
stead Of yearly rental for the fran
chise. and he had been advised that such
an offer could not be accepted.
He told how he signed the applicat ton
in good faith . and left for Chicago next
day. Then he went on to say that dur
ing his absence some evil-disposed per-
son went before te Gradn Jury and gave
evidence that was false and perjured
against him.
There was not one of his ofiicial acts,
he declared. that was not open to any
one for investigation. but he demanded
the name Of the alleged purjurers. the
evidence they had given. and then that
they be punished. All that he had ever
done. he alleged. was in the interest Of
the city and in perfect good faith.
Gen. Tracey then made a plea in the
same strain. He began by pointing out
that there were other ways open to ag-
grieved persons anxious to punish Of
tenders than by the Grand Jury. 1t was
open to all to go before a police magis-
trate or TO a Justice OF the Supreme
Court.
He contended that the Grand Jury
room ought not TO be nor was 1t ever
inended o be a place where perjurers
could blacken the character OF q life
time.
The positive manner In which District
Attorney Ridgway reiterates the state
ment that his contention concerning the
powers and duties Of the Grand Jury is
correct has considerably stirred up a
number Of lawyers who take the oppo-
site view.
Gaynor, whose fight, against corruption
| anud dishonesty has made him anything
but favorite with the politicians.
| When he insisted at first that the
Grand Jury had power to indict for mis-
demeanor. he spoke offhand. Since
then, however. he has gone carefully
over the law books with the result that
he is ready to fight the case at all points
''If you look at section 24S OF the
Code Of Criminal Procedure" he said
to an Evening World" reporter. you
will see whether Mr., Ridgway's con-
tention that the Grand Jury has no
misdemeanor or not is correct. That
When a Grand Jury is imPanelled
visions of the code from section 252 to
| 267, both inclusive.
NOW, take the first important one
into three headings, and the third one
reads that the Grand Jury must inquire
into the wilfui and corrupt misconduct
IN office Of public onicers Of any descrip-
| tion In the county.
You see that the law requires the
Judge In every case In charging a Grand
Jury, to charge them that they must
public officers. That being 80, is II not
| ridiculous to say that when the Grand
jury In obedience TO the charge. does
INQUIRE Into the conduct q public ON
| ney must then, as II Is claimed. inform
them that they have no Jurisdiction In
| the premises and must quilt.
.ChA Grand Jury has poXer. and IL In