New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-07-12
MAYOR BOODYS PETITION.
HE WANTS TO SEE TIE EVIDENCE TAKEN
By THE GRAND JURY.
rx.srCRETARY TRACY APPEARS FOR HIM AND
SAYS THAT HI> CLIENT SHOULD HAVE
CHANCE TO ANSWER THE CHARGES.

SAYS THAT HIS CLIENT SHOULD HAVE
CHANCE TO ANSWER THE CHARGES.
The application for copy OF the evidence pre-
scented 10 the Grand Jury for June upon which pre-
sentiment wa, made severely censuring Mayor Body
for signing the resolutions granting valuable rail
road franchises to the Brooklyn City Kings County
and Nassau Electric companies. was made to Judge
Moor. I'm the Court OF Sessions yesterday by eA-
secretary T. f. Tracy. who appeared couns" for
Mayor Body. Mr. Tracy read the petition of the
Mavor setting forth his action In the matter OF the
resolutions passed by the Aldermen In June ID grant
ing franchises The Mayor asserted that they cmboeu
the principle of compensation, which he had sirrhu-
ously advocated by the payment Of Il percentage OF
gross receipts and that every safeguard had D'''i
provided that payments would be- made lie
also approved Of resolutions rejecting the application
OF the Union street Railway Company for some Of me
same streets on the ground that the corporation was
not properly qualified, and the application could not
be granted because of Illegal provisions IN II, whle Inc
sum offer d was Insignificant In comparison WIN t'"'
which would be- received under the plan adopted "l
june 20 he signed the resolutions and went to fhl-
cago the next day. In his absence certain persons
appeared before the Grand Jury and gave evidence
which resulted In a public presentmeht against h''
The Mayors petition continued:
Your petitioner further shows that no act Of MS
official or otherwise has been such - To authorize OF
Justify prc>cntucnt. and 1t only BE- Justhed Oh
ard perjurcd testimony given before ue "i"ii ''
y some witness, witnc--c- the names OF sii Ml1H'
ar vue,se, being unknown your petitioner ana your
petitioner aNcr, upon information and belief th't su'h
fae and pcrJucl testimony given before the "a"u
Julv and made The basis OF said pTe,cntment
Your petitioner represents that thi, is grave matter
in which every Of the county has an Interest ta'
grand juries indictment and punishment oil the
guilty and backcn the character OF the innocent
that the public ha, incre, in keeping secret any tss
and perlured evidence given before Grand jury ou'
that 1t public interest that any such false ana
crcd evidence should be disclosed TO the END hat tne
perlurcr may be- indicted and punished.
Your petitioner desire, to obtain access to the minutes
Of the Grand jury upon which said pre'cntmeho was
b1,,d 80 obtain the name or names OF the
witness or wtnce, upon who's, flsc and pernref t't
nony -d plc>entment based, 10 the end tnat ne
may take proceedings their apprehension and punish
nent.
The Mayor further set forth that there was no need
for a prescntmcnt by the Grand jury as proper in
formation could have been laid before any pole"
magistrate or any justice Of the supreme Court or
Judge Of the city Court
EA--ecr,tary Tracy made elaborate argument
upon The petition He said that. a the Mayor S"orr
that there foundation Of truth for the present
mcnt. il bu>cd on falsr evidence given by some
witncs, undr oath or 1t was mad Without cTh.nc,
When cNSeciciary Tracy had finished District
Attorney Wisway said that he mad advised the "Iani
Jury that. On the testimony before them IN TINS
matter no Indictment could be- found. "a, the offence
II any lai been committed. was m-dem"anOr. and
jury had NJ power indlct unless the case was
transferred from police court on the Application oil
tho defendant II was customary to order copy
of The minute, when an Indictment was found ana
tho onl, question now whether II could be- oriertd
when 10 indictment had been found In closing,
Mr.. Rldgway aid " In fairness and In Justice To
the Mayer and IN justlc" to the community, they
nrr entitled 10 know what facts were presented 10
THIS GT-d jury. n there Is any justincation by
law that Nour Honor can see Your way clear TO, /
am nii,fed that II 81 ND be- DONE and make no
opposition 10 the granting Of ihi, notion
Jud,r Moore then aid h" could not make an order
directing the publication Of tie minutes, hut, In
regard 10 ordering copy 10 be made To- the pei
TONER he would reserve decision for few da>s. lie
did not doubt The power to order copy io b" made,
as n Was made I'm case, II i.ctm"nt. and present
mcnt detrimental to character n an indl,t-
mrni.
Mayor Body mad public yesterday dcidal OF The
legation that b" refused 10 consider the charges
nad" by T.. VI. Grout. counsel for ih" IniJn Srrct
Railway Company. against the Aldermen IN granting
The railroad franchises. al said that lie asked Tor
proof and not forthcoming. Mr. Grout says
that the Mayor gave him no opportunity 10 present
nj, proof. and refused 10 summon witnesses.