New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-01-31
AN AMAZING RESULT.
THE FAILURE OF THE GRAND JURY IN
THE MCCARTHY CASE.

THE SPEEDY RESIGNATION or BEARDSLEY
AND THE DISAPPEARANCE OF sMYTII-
POLICE JUSTICE RYAN ANGRILY
HUNTING FoR THE MISSING MAN.
The failure Of the Grand Jury in the Lucy
Mccarthy blackmail case to find any indictments
in face OF strong evidence presented grows the
remarkable IN view OF the following statement
made yesterday by James V. u. Card the foreman
81 can only say that indictments were found
in the Mccarthy because twelve men did not
vote in favor Of them. The evidence presented to
the Grand Jury stronger than that publisher
in the newspapers to-day
Yet the judgment Of Tammany lawyer was that
the evidence against Munznger and Beardsley was
stronger than that against Charles w. Gardner. the
agent of the Parkhurst society, who was convicted
50 promptly. This lawyer VINO was thoroughly
familiar with the Gardner case, said: Mrs McCar-
thy's testimony Is supported by the strongest proof
IN the world--the checks themselves. They are
much more effective before jury than the testi-
mony OF interested witness
District-Attorney Fellows. who Is generally
credited with giving the Grand Jury the advice
which led 70 the refusal to indct any one. said TO
reporters that the Grand jury was the sole judge
of the facts and .f 1t decided that the evidence
was insufficient that ended the affair. Colonel
Fellows declared that only proper advice had been
given 20 the jurors. He would not say what
further action he would take.
GRAND JURORS FOR JANUARY
Following is q list Of the January Grand Jury:
James caSa fST S a, real fsiai GG l'S
Robert T. Kelley. No; 1i5 East rhirty-f0urth-sst
No: East Thirty fourth-st ... W :, p,rs.s.
William Butler Duncan. banker. NO II flhe-st'
Robert Bovine. siationer. No. 81 Beaver-st; home
No III East Thirty-siXth-st.
Daniel Mooney undertaken, No. 95 Greenwch-st;
home NO. 229 Hudson-st. - ,,
home m,.''3 ~ SG '' West Eish,eemh-st.
AUGUSTUS J.. ClarkSoA' .ank ~, 70 10 "'
' LINDSAY {. Ivory. agent No. 2a7 broadway home
John m w. CochTane, No West ThiTtet hsts.
augustus Brown. 80 5g Produce Exchange;
h0 George eo De III F. era Grant 30 Ii Gramercy Park
Harmon gTrno II. Nathan NJ. % West Fortyaninth.st
home ,H.t' 10. l53 East siSiie;h:st ,o,a
John X cillGy prcSa,n NO. 4O' h'od'" '' '''''e
Charles v, I4en fixtures. No &c University Place
home Ne ~ FouT rs State No. 4s5 Eighth-ave
bo SGen No. Nu ga I' we tt' seyenty second-st
nd Edmund TS % Pf East ro IaGrSn% w.
Charles S Fischer pianos. No. 10 Fifth-ave';
Aaron Schubart tobacco. No $50 Water-st home
No. lG2 East Eighteth-sst. ", oqe >,od,sor.ovs
Eugene W Gund2n;i express, No. 2lS pua"e-s''
nome, Nq' ~ Merchant. No zoos Third-ave
home no IL West One-hundred- neutrality-suspicious.
Munzincer has retained State Senator Cantor as
his counsel according to Major Sauer, Munzingers
father-in-law.
HEARpSLEY's TIMELY RESIGNATION.
Henry w Beardsley. Civil Service Examiner
who along with John c. MunZinger, mas Deen 50
badly smirched by Lucy McCarthys reveations OF
blackmsn sent his resignation 10 Mayor Gilroy on !
Iyednas1a- last after 1t had been demanded by the
Mayor Bearlsey's salary was $40 per day whiie
employed Previous to joining the Municipal ser
vice Commission he was connected with the street
Cleaning Department under Hans ;. Beatue. MS /
first aTye ,rance in New-York was as nitea
Stats customs official during the Surveyorship OF
Mr. Ieatt.,.
I'll, first step in the prosecution OF Conrad NJ.
smyth tie Rockville Police Court Clerk, VINO &C
cordi.g to Superintendent Byrnes. played the sec
ond leading part in TIE Matchmaking OF the woman
Lucy Mccarthy, was taken yesterday. when Police
Justice Cyan president OF the Beard Of Justices
after long conference with Mayor Gl'oy. hurried !
uptown with the avowed purpose or deinahulhg
veil to issue an order for Smyth's resignation
but MAS MAS mot 70 2X va 10 R% In ire Sst
weeks ne has not been seen in the io7kV"e 70 |
lice Court.
sMYTu HAS VANISHED.
when Justice Ryan reached there yesterday he
found Justice Koch but Smyth. The question
of Smyth's guilt or innocence had been settled in
their mind by the Board OF justices in their meet
ing on Monday night. They thought that the EVIL
dence justified demand Tor smyths RESIGNATION on
he Of t exact act powe5 the the case VILE fo
two hours. two clerks. Duncan and O'Connor.
secured the neighborhood, including every liquor
his home i, was found that ne had not been seen
there in ten days while in the morning MIS- S
in response 10 q Geographic message had huTrieaY
packed baggage and gone away. justice
to the jefferson Market Police Court
We are poweresS to rsm9ve Smiyth,, f ne san
Pleas We can demand his resignation II he
evades the demand or refuses to comply with 1t /
we can make an investigation and submit the case /
with Judgment thereon to the Court OF Common
Srn,-t hand In his resignation between .
now and Thursday. that is the course which we
Suppose smyth resigned and a subsequent IN
vestigaton cleared him in fact Or IN law was
AN innocent man would not resign" replied .
But the question of all others most interesting ?
- the public just now was what would io-
the ma gistrate before whom Mrs Mccarthy was
tried and by whom she was pretty readily dis
10y Beardslcy when the latter told Mrs Mccarthy
that 800 would have 10 80 to the Judge
JUSTICE GRADY HAS SOMETHING TO SAY.
Three OF the named In Superintendent
Byrnes's crushing charge had answered him. Mum
Finger by tact acknowledgment. Beardsley by resig
nation and Smyth by running away. Justice Grady
presided yesterday at the Court of Special Sessions.
and IN n 10 certain as On 3nd 5He cas-
was who really sent the woman TO the police with
her story. II after she had given her checks
away that she was brought before for exami-
nation - o,.o,,,.o,.. 80. ,ou.,o. - .,.,..,,.
legal evidence upon which I could hold the woman.
and compelled 10 discharge her from custody.
do know what statement made by the pO-
lice upon which the warrant for ra!dng her house
granted. because the warrant was issued by
Police Justice Burke
"When l dismissed the complain; l took
casion TO tell Mrs Mccarthy that she had better
stop right where she | told her that dis
missed the complaint simply because OF legal techn
caties and she must conclude that because she
not held that she had license 70 continue her
business.
All that is shown by the notes Of the steno-
grapher who took the testimony at the examina-
tlon. I suppose Mrs. Mccarthy considered my
marks rather harsh language coming "A
magistrate who she believed already had 500 OF
her money In his pocket.
What ] said 70 her probably opened her eyes
10 the fact that the police justice had not re-
ccived any Of her money and led her to call on the
police"
Then Justice Grady announced that he would
meet the reDOT IN the Anonymous club late IN
the afternoon and make detailed statement OF