New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-05-16
THE INDICTMENT MUST STAND.
JUDGE AsPINALI REFUSES TO DISMISS TIE
CONSPIRACY CASE AGAINST u. F LEWIS.

JUDGE AsPINALL REFUSES TO DISMISS TIE
CONSPIRACY CASE AGAINST r. F. LEWIS
There was much sparring in the County Court yes
terday before Judge Asphalt between Dstrict-At-
torney Foster l. Backus and General benjamin F.
Tracy on the application OF the latter 70 have the
indictment against ex-Fire Marshal benjamin r.
Lewis dismissed for lack OF prosecution. Mr. Lewis.
together with x-Detectlve Zundt. Is charged with
conspiracy in connection with the nrebug cases In
opening his remarks. General Tracy said that ne
District Attorney had kept men In the jail as long
possible in order that confessions likely implicae
the Fire Marshal might be extored from them He
had several times asked that the Indictment be tried
and had written 10 The istrlctAttorney without
suit.
In replying. Mr. Backus said that It getting TO
be the habit in Brooklyn to move for the dismissal OF
indictments Frebugs In New-York had. some OF
them, been tried after years delay. and wished
that they had longer time II lawyers would bring
such motions TO the bar OF course II necessary
for them to waste their time in giving explanations
and other cases must walt. "If young lawyer had
brought this matter to the bar" said the Dstrct-At
torney. 1T would have been different"
Mr. Backus sad that his office transacting its
business as rapidly as possible and he did not think
there court In the country where cases were
disposed OF more promptly He would like to see the
time when there enough and he had
sstants enough to try every Indictment within =
month after II found He did not think It was
right TO give preference 10 man who was out
bail. 1t had been thought half equal 10 acquitta
10 have a man out on bail. but he hoped the time
would come when this would be As It was
cases had been tried every day. and II Mr.. Lewis's
case had been tried IT was because II had not
been reached In It's regu r course. Mr. Backus said
that II the defendant counsel wanted at the
minutes OF the Grand Jury he should have made such
a motion direct.
"Wlll you grant It II do?" asked General Tracy.
1T will be time enough to answer that when you
make it," was the reply THE trouble Is that Cen
eral Tracy has misunderstood the law. and that he
has taken his clients statements OF the case. Wen
show what have to show when this man is
brought to trial"
General Tracy declared that. Notwithstanding his
belief Mr. Backus was bound to show that the in
dicment based on probable evidence. lie had
not done that and counsel denied that !, existed
why the case had not been tried, the Indictment
must be dismissed.
Mr.. Backus ead again that he thought his showing
had been sufficient II General Tracy wanted to re-
view the minutes OF the Grand Jury. he should have
sued out writ of habeas corpus. as was done by
Mr. Elder In the Klein
Judge Asphalt sad he you'd decide the matter "a
defendant had the right TO make the appeal The
burden OF proof was on the Dstrict-Attorney TO
show that there had been no unnecessary delay In
the trial of the He was satisfied that that
was so ard he Therefore would deny The appca,ipn
the strct-Attorney since February i. record
which had never yet been equalled.
ent was never TO BE- tried and whether he was to
been frequent during Mr. Lewss term OF office. and
few indictments had been found 1t would require
fore the defendant could be tried. General Tracy
remarked that the confession Of the
find proof against the defendant showed that the
dre Asps set the case down for a on June
Is, and that ended the discussion.