New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-01-05
ASPINALL WAS OVERRULED.
JUDGE HURD GRANTED A WEEKS DELAY
IN THE INSURANCE CASES.

-. CONTEST OVER THE DISMISSAL OF THE IN
p1crMENTs AGAINST VAUGHAN AND HULL
MR. MILES INDIGNANT
III. a.v.,onments in the County Court yesterday
h~fore Judge Hurd. both in the morh'ns "'. ,
.,,.rnoon were of a surprising character. III '''.
80, ooses Of Henry c. Vaughan ana
c.or~a q Holt insurance adjusters. chargeu wiz"
presenting a false and fraudulent cia'''' VI
were set down for trial. the former uNu.' -
.mptory order by Judge Aspinaii. Disui' 80.
anr Backus said that he was not ie"os, 60 .os
=. earnest plea for a postponement oil 'he oa''
On -. a., ,oy;rg them set down for next Mon
a,v In the afternoon directly after recess eou
sci for the two men moved 10 quash 'no 49,
ments against them. on the srouiu '' a..
dance before the Grand Jury was ho' =.
20 convict. In opposition to the app'" , "a
.,.tant District Attorney Miles VINO was 'io az
-" =, ,he Grand Jury when the indictments
v.,. found made no argument but ra'her
.,.,.roent IN which he took occasion 10 express
his surnrse at the way he had been Uea'eu ny
Judge Aspinall -, ,,uos ran
In the morning Mr. Backus and Mr.. Niles rep
r.sented the office OF the District-Attorney' To-
rether with Henry s. Davis. who had oeeh prous"'
over from New-York 10 assist in the trial Oh 'he
erahuo cases Robert H. Elder and Moses n
Grossman appeared for Vaughan. ana herpei. =,
Ketcham for Holt. District-Attorhey h"0"u' WV
Judge Hurd that he was ready 10 ino'e "o 90
Gov trial Mr. Grossman then said that he "ouiu
NOVA for a dismissal Of the indictment asani''
Vaughan A similar motion was mace : weeh "so
hetore Judge Asphalt. who Indicated that ne
@houeht the indictment should be dlsmsseo ou'
because certain severe charges were Hiduo "eo
tho Office OF the Distrct-Attorney ne set inc oa'o
doun peremptorily for trial on the hrst Mo"u"'
in January. stating that unless II was ,r'eu .m
the indictment would be dismissed MT. Hios'
man therefore asked for the dismissal OF 'ho III
allotment and the discharge Of the prisoner
pistrict-Attorney Backus objected. no SOU We.
he was not ready in the caseJ agaihs. '"us
and Holt and that he could not possio'' e
The Court might look ut tho minutes anu "ou,u
ace that the District-Attorney would Voia'o MS
ootb ~ he tried Vaughan before he did Hoit' ne
would Law before the Court PROOF tha' IL "ou'u
no n terrible outrsg. to force tho case 10 uid''
Mr. Backus said that he would be READY 10 uy
the cases by February l. s
Judge Hurd said that he felt bound py 'he oiue'
a, Judge Asphalt, and he did not thihK 'i''' VIC ,
1D,s,r,ct Attorney had shown sufficient reason why
,he indictment should not be dismissed. ne u'',
derstood the difficulties under which the Ooui' i
Iabored In the trial Of cases. however, anu iie "a
reluctant TO dismiss the Indictment IL '"s'o wa
anv feasibility of the guilt of the DEFENDANT as
his case could not then be resuomi.'eu -. "o
cat The case down for two weeks from oa'e' aHu
then hold the District-Attorney to Try H.
Nv Elder said that one Of his witnesses mao pui
chased q ticket for Europe and that ne "ouiu ia .
40 start In a week. He was a material witness anu
as ne would be gone for SIX months 'ne oo,uad
not proceed SO far the defendant was cohueia.u'
,,n,,; his return IL /, adjourned al all MI
Elder said that the case vas 10 be ss' 10 With
thought his ellen; ought 10 and move to quash the
Indictment 1tl if he saw At. ,s Grant ,na, re-
Quest and set the down for trial next AZ
Mr. Backus said that he gave noufe b 5ta was not
tried on the charge now against him. no "ou'u NC
.hs motion TO Quash the .ndctmen. directly ai,er
and then Mr. to seay the trial Of
Holt in this county until the case against i'''' "A
Mr. Backus said that he might as well say now tn MAJ
ne could not Try the vaughan case on sase he
Might mis- t'; as well dismiss the Indictment at once
the aenS sse a ahe Mo- Reeham Joined
on behalf Of Mr. Holt MI Grossman for the m Ssor
the ground that the eeaenfs ega and in
sucient that the facts charged ala not cSnsta1e
crime either s ss M Secs IN Support
Sreinent OF Mr. Grossman. said tina, on the evidence
before the SIah nave eu Been indicted as Mr. Holt
M Assam ,Aorney Miles in reply said:
.The photographer Of the Grand Jury writes outs
such testimony the a[ TSs, the
does not call for nave sse gee n,ora
this court for yea- and your s aono dont think YOU
that for the ,Rs 9and or jury be-
itaved these people innocent, no one would De pc
fore me asking for the dismissal Of the indict,
-nents against them. When this motion was hrst
made afidavits were presented in which, on ,nforma-
ton and belief. charges we're made aga, against my
honor and integrity. went 10 Judge Aspinai and
asLed him 70 allow me TO answer those charges !
was surprised when learned that ne had s.atea
IN court that If the charges We're true should De
removed from ofice-s;aed II without giving me an
onnorrun,ty 10 defend myself. have done my DUTY
fact better than Your Honor. The only thing nave
~ saw In opposition the application is that DO
not think Your Honor has the power 70 quash the In
documents If do So hawever snaIi la. ask 1aar
the case be resubmitted 10 the Grahd jury uhue'
Section $40 Of the Code. ,,,
Judge Hurd said that he would reserve his decision
Meanwhile both the Holt case and the vaughan case
- 60, dourn FOR trial next Monday