New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-06-16
GRAND JURY FOR ICE MEN
-,-ST1cE sMYTH TRANSFERS DIREC-
TORS CASES FROM SPECIAL
SESSIONS

So charge of conspiracy against the directors
.s American Ice Company is to go before a
"a Jury after all Justice Smyth decided that
- Yesterday. Magistrate Zeller had directed
- he held the men under bail, but District-At-
~ Gardiner thought it his duty to send them
cneciaI Sessions. This did not suit the defend
3" however and yesterday John D. Lindsay. of
Ill Anable & Lindsay attorneys for President
IFS W Morse and the other directors and Of
- of the corporation. applied TO Justice Smyth
,s transfer of the criminal prosecution against
- attendants from the Court Of Special Sessions
- .bA Court Of General Sessions
.ss,s+ant District-Attorney Carr. behalf of
-. state SAID he had opposition 10 make to the
o+ion Mr. Lindsay submitted affidavit sworn
= ~. him in which he referred to the fact that
- - rosecution Of the defendants had been before
,roeietrate Zeller in the Second District Police
Irnrt on charges of violating Section l Of Chapter
os ~ The Laws Of 1899; Section 3 of Chapter 267
= the Laws of 1896, and subdivision of Section
q of Chapter Of the Penal Code.
These charges. Mr. Lindsay set forth, it was
-.esonable 10 prosecute by indictment, because
t,s WIS the first case where any magistrate of
+bis State had pceliminarily entertained criminal
-osecution urder the statutes Of 1896 and 1899.
,covel and perpleXing questions of law affecting
me constItutionalty, construction and application
n these statutes well as Of other statutes of
Ibis State were, he said. likely TO arise upon the
rial Of the defendants.
The evidence would be contradictory and conflict
ting and the principal questions In that regard
would depend upon the veracity Of the various wit
resses and the degree Of credibility due TO their
Evidence It was submitted that such a RESPONSE
tUty should not be imposed upon required Of
the Justices of Special Sessions, but should be con-
fded TO a jury Of laymen.
II the defendants were required to put IN de
tnee 10 the charges It might be necessary to take
and introduce on their behalf the evidence OF wit
nesses resident out of the State all OF whose testi-
rDouy could only be compelled by commission. and
il was argued that the Court Of Special Sessions
had no power TO issue such commission.
After some hours OF deliberation Justice smyth
granted the order. Assistant District-Attorney
6fReillv said that the Grand Jury would be ready
in the early part Of week TO hear the ice cases
!, the counplainants We're ready. Mr. OReilly has
charge OF the Grand Jury.
Another hearing before Referee Myer Nussbaum
IN the matter Of the People and the Attorney-Gen-
eral against the American Ice Company was set
DOWN for Yesterday morning at No. 80 Liberty-st
Owing 10 the fact that the stay granted by Justice
SMITH had not been vacated 10 hearing could be
held and q formal adjournment was announced by
Referee Nussbaum until Thursday, June 2, at II
o'clock The order and stay granted by Justice
smvth were argued before Justice Chester IN Al
banv on last Wednesday. The counsel were or
dered 10 hand in briefs yesterday, and Justice
Chester Will hand down decision to-day, IL is ex-
pected
The attention of President Murphy Of the Board
of
ice from the recently burned ice houses at Rich
-nond Ne was being shipped 10 this city in
filthy condition and also that of the Hudson
River ice sold here by the trust was unwholesome.
Mr. Murphy replied:
Nothing has been done about this by the Health
Department; it is not yet before the Department.
II is only when attempt is made TO bring this
Maine ice into New-York city that We shall have
Jurisdiction: and only act then upon an
AFFIDAVIT If any citizen cares TO make a complaint
when the ice arrives. Il II ever does the Depart
zT-fN attempting
to bring II IN. The Department, however, cannot
take initiative IN the matter as the court has
already decided that act only upon an aftt-
davit. We shall not be slow to act when the time
comes The condition Of the Hudson River ice is
something for the State Board Of Health TO in
vestigate; not for US.
The Maine Ice Company began yesterday, &C
corning 10 announcement, to sell ice on the pier at
Hudson-ave.. Brooklyn, at Is cents a hundred
pounds The company is under the management of
Allston Sargent VINO proposes TO sell ice IN Man
haitian. The company, ne says, has 60 900 tons Of
see in houses the Penobscot River. Mr.. Sargent
says IL is in the business to stay, and expects to
make money by selling its ice at Is cents on the
pier all corners.