New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-04
WANT TO SEE JURY MINUTES.
COUNSEL FOR THE MEssRs HOLT AND PRO-
FEsSOR BUTLER ASK FOR THE EN1-
DENCE ON WHICH INDICTMENT
FOR TIRFT, WAS FOUND.

A motion by counsel Of Charles and Henry Holt
publishers Of The Educational Review and Pro-
fessor Nicholas Murray Butler the editor OF me
paper. for permission to inspect the minutes OF
the Grand Jury which had indicted the three men
for an alleged libelous article was argued yester-
dav before Judge Cowing in Part OF General Ses-
sions The defendants were not In court. nelng
represented by their lawyers John d. Lindsay ana
James b. Pine The District-Attorney was repre-
scented by Assistant District-Attorney Unger Judge
Cowng ordered both sides to submit briefs and ne
reserved decision.
The alleged libel being a misdemeanor. the de-
PENDANTS were allowed 10 appear by counsel and
when the case opened Mr. Lindsay made a
long address in defence Of his motion lie
denied that the article in THE Educational Re-
view" on which the Indictment was found Is libel
lous He said II a curious precedent on the
mart Of the Distric-Attorney find such an indct-
ment
Mr. Unger said that the District-Attorney had not
found the indictment. hut that the Grand Jury
had found # Mr. Lindsay replied that the only
names appearing in the indictment were those or
Joseph J. Little. president OF the Board Of Educa-
ton, who is the complainant. and H. w. Fuller the
Editor Of school" Mr. Lindsay said that it was
certain from the language Of the article that tho
Grand Jury could not find indictment. and that
the Indictment must have been found on something
outside OF the article complained Of
He argued at length. taking each line, almost, OF
Indictment subject
clared that he would he unable TO prepare his case
unless he were allowed TO the minutes on
which the Indictment had been found and unless
he knew with what his clients had been charged
Mr.. Lindsay said that on general principles.
whenever a nearing nefore a magistrate was n0t
have the right TO inspect the minutes OF the Grand
Jury. ndicting IN order to prepare MS defence.
torney had grounds on which 70 oppose the
Mr. Unger answered that on general principles
cfrsct A =
In this particular instance the article complained
OF had been found susceptible OF libellous inter
III these scholastic highbinders" he said. and
educational dilettant not now connected with the
Board Of Education, feel disposed TO attack the
gentlemen who are serving the city without salary
those gentlemen are entitled TO protection.
Judge CowinR about TO speak when Mr.. Lind
minutes Of the Grand Jury. The proceedings. he
said. rad been unjust and incomplete. ana ne
Indictment should never have been found ne
quoted the line cohesive power Of public plunder,
which he said. In the Indictment was distorted TO
refer to Mr. Little He SAID 4 was merely phrase
the article did not intend In any way TO refer 10
Mr. Little.
would come into court and say that the article
complained OF did not contain the statement con,
tanned in the Indictment the District Attorney would
move for the dismissal OF the indictment
Judge Cowing here said that he was not sitting
10 pass on the merits of the case. but that he was
there 10 decide on the night 10 Inspect the minutes
OF the Grand Jury He said he was not In favor Of
making such an order unless he could see that
some Injustice had been done the defendants by their
NOT having had hearing before a agistrate.
Mr.. Lindsay said that all they asked was that
the Court put them IN Pos,ohI 10 defend them
precedent TO permit such distortion OF the Ian
guase in the article as was made by the man who
dents in which Judges had permitted the inspection
OF Grand Jury minutes