The evening world., 1894-01-11
MUST PLEAD.
Justice Bartlett Refuses to Quash
the Indictments.
Every Point Raised Has Been
Decided Against Him.
Neither Can He See the Grand Jury
Minutes.

Justice Bartlett. in the Extraordinary
Term of the Court of Oyer md Ter
miner. Brooklyn. this morning CAV a
in the motion to quash the forty
five indictments against John Y. Mckane
and twenty-one of his l~ieutenants.
The decision is to the effect that the
defendants will be compelled to plead.
Justice Bartlett denies all the motions
made for McKane.
He holds that Edward NJ. Shepard,
Special District-Attorney. and James
Fish. st~enographer, had a right to be
present in the Grand Jury room while
the cases OF McKane and the Others
were under consideration.
He also decides that while Steno-
rapher Fish did not take all of the off,
oath, as prescribed by law. a point
upon which McKane's motion was based,
that he vas an official de facto. and as
a judge oil Juror under the same cir
cumstances, his acts were not invali-
dated by his omission to take the oath
as prescribed.
I'm deciding the several motions in
reference to indictments against John
Y. McKane and Others" said Justice
Bartlett. Il will consider the points In
the order stated in the papers OF counsel.
I'm fourteen of the cases there is a
motion to cause Mr.. Shepard to file
the minutes of the Grand Jury with the
District-Attorney of Kings County. n
that defendants be permitted to OBJ
tain a copy of the same.
Furthermore that the indictments
found against McKane and the others
be quashed.
These motions are based on four
grounds.
First, that the evidence upon which
the indictments were obtained was In
"As to that point where 1t is said that
the witnesses who appeared before this
Grand Jury were the same persons who
gave, testimony before Justice Barnard
McKane. I would say that. had they
been the only witnesses in the contempt
proceedings, I should have granted per
mlss nG for q &c SoPy OF ds the minutes OF the
AS there were only a few Of the
many witnesses before Justice Barnard,
the motion is denied.
The only. other ground. upon which
the motion for a copy Of the minutes is
based Is the allegation that the evidence
W, 8 inadequate.
ton. Therefore the, motion is denied. =
THE Court has the power" continued
Justice Bartlett, though rarely used,
to quash indictmsnts because Of made
two cases Of quashing since the exist
ence of the Penal Code"
Justice Bartlett continuing said:
The second ground upon which this
motion to quasi is made Is that District
Attorney Shepaid and Stenographer Fish
were present in the Grand Jury
under consideration, and that in neither
case do they come within the exception
Of the law. decide that Mr., Shepard,
as pIstri ct sdS,sa H. had drs a right I,rv to BE- be
undoubtedly had the proper authority to
go before that body.
As to Mr.. Fish, vii assume hat he
consid ering the Indictment. The question
Is, was he the official stenographer, and
was he properly qualified to keep the
notes Of the proceedings of the Grand
According. to the papers, he seems to
have been duly appointed on Dec; 6:
He seems also to have been a resident
ton of his predecessor. and / think that
his appointment is a revocation in writ
ing under the statutes"
Justice Bartlett also decides that Con-
stable Janison, indicted. four times for
perjury. In swearing against Col. Bacon
must plead to all Of the indictments.
facto We're not invalidated by their omis-
sion to properly qualify for office. TN
tice Of the Peace who had omittel to take
the path of Office. His acts were, ap.
proved by the higher courts. although he
was censured for the i~rregularity.
motions are based" continued Justice
Bartlett, as that the indictments were
found without authority or law, because
the Court of Oyer and had nc
laOal riOht m imnanP an EXtraOrOinAr
Grand Jury while the regular Kings
County Grand Jury was in session.
In reply to this point Justice Bartlett
County three Grand Juries were author
lied. This also disposed OF the fourth
ground upon which the motion was
the legality Of the calling Of the Extraor,
binary Court Of Oyer and Terminer by
1--WE next come to the motion to quash
the indictments In the conspiracy cases.
said the Court, because they are the
same crimes as contained In the In
dictments for misconduct OF registry OH
"This motion is denied. as ! have ex'
amined the papers and find that while
one crime is alluded to in each Of thy
opposite indictments they are not thu
same o~ffenses. and therefore each mus
stand.
at was also said by defendants that
the conspiracy indictment Is merged In
tnt OtneT LOT MISCONDUCT IL 10 not bo
Motion dismissed"
Their Justice Bartlett took up the sep
arate case of McKane, who asked tina
all the indictments be q%uashed. and 4
that motion was denied to have a par
OF them quashed.
In the Indictments for oppression, as
sault and contempt OF court, McKane',
lawyers contended that they all covered
one crime.
Justice Bartlett said hat while the in
dictments related TO each other, each Of
the eleven crimes was distinct and sep
arate, n therefore both motions were
denied.
AS Justice Bartlett finished, Mr.. Shepard
moved that McKane and the others bt
called upon to plead to the indictments.
Mr.. Roderick and ex-Judge Troy said
they would, demur to all the indictments
on the ground that the papers were de"
fective.
AS there was no objection, justice
Bartlett adjourned court until 2 O'Clock
to give defendants a chance to argue or
a motion to demur.
The decision Of Justice Bartlett was Q