New-York tribune., 1901-12-03
NAY VOID INDICTME MENTS.
A NONRESIDENT ON NOVEM.
BER GRAND JURY,
THE SCANNELL, MARKS AND CANNON IN
DICTMENTS IN THE LIST-OPIN-
IONS OF THE EFFECT

A peculiar and almost unheard of condition
of affairs was brought light yesterday. when
information reached District Attorney Philbin
and his special assistant. Samuel II. Ordway,
that one of the members Of the November grand
jury. by which indictments were handed down
against Fire Commissioner John j. Scannell and
William L. Marks was not a resident of New
York County.
This man is said to be Eugene B. Sanger, who,
when the jury was sworn in, gave his residence
as No 56 Central Park South and his business
as retired" Informa ton reached Mr.. Philbin
last evening that Mr.. Sanger did not live in
Central Park South. but that his residence In
ssead was in Larchmont, Westchester County
It was said also that counsel for Commis-
sioner Scannell and Mr.. Marks would appear
to-day before Recorder Goff Part of Cen
eral Sessions and move 10 dismiss the indict-
ments against their clients on the ground that
the indictments Illegal because or the
presence as member of the grand jury OF a
nonresident of this county. Nicon. Anahel Il
Lindsay, George Gordon Battle and Meyer
Goldsmith & Bronner are counsel for the flre
Commissioner and Mr. Marks. 1t was also
intinated last night that ex-Judge w M IL
OICott counsel for Police Captain Cannon, also
under Indictment by the Nocember grand jury
on charge Of neglect Of duty in falling 10 sup
press an alleged disorderly house in the Eigh-
similar motion to dismiss the indictment against
one of his clients. Whether or not this client
was Captain Cannon was not learned.
LIVES IN LARCHMONT.
That Mr. Sanger lives in Larchmont at the
present time was admitted last evening over the
telephone by a man who said his name was
Sanger and that he had been Il member OF the
November grand jury. Eugene b. Sanger is
listed in the telephone directory as living In
Walnut-ave. Larchmont. and his telephone
number is given as "Larchmont 3d. This num-
her was called last evening and man who
said he was Eugene B. Sanger answered He
said replying to questions, that he lived there
and that he had been a member of the grand
Jury for November.
Did Won. Mr. Sanger" finally asked of
him vote at the last election in Larchmont?
The receiver hung UP at this but
r,,onoent afterxard a womans voice came over
the wire saving Mr.. Sanger had TO go In order
to catch a train.
No. % Central Park South is the address of
the New-York Athletic Club. There it was said
last evening that Mr.. Sanger was member OF
tn. club but that he did not live there II was
caid that Mr. Sanger was never there at night
District Attorney Phbn was seen at ms
home No :,:53 West Seventy-seVenth-st ne
was asked about the case, and acknowledged
having information concerning the alleged fact
that Mr.. Sanger was a nonresident OIL 'he
county. .,. oh
= circumstance viii interfere with the validity
of the indictments handed down by the slanu
Jury in which he sat as member ono. ,.
had similar case, and the courts uphelo me
Mr. Philbn would not state what case ne re-
farred TO and refused to discuss the matter at
anv length He ntimated that it was his opinion
that the whole matter was move on 'le pal'
of counsel for Scanneli and Marks DE ap-
peared firm in his belief that the lhuictiiieh'
would not be interfered with.
MOTION TO QUAsH TO-DAY.
George Gordon Battle. too. loath to dis
c,es the case When a ;ked If il would be safe
to state that motion would be made to-day to
ouash the indictments against Scannel ana
Marks owing to the alleged n-residence IN
this country Of Mr. Sanger Mr.. Battle replied
well l think it would
Judce Newburger OF General Sessions, who
bad charge of the November grand jury, SAID
he was not acquainted with the facts and could
not talk for publication He asserted he did not
know Mr.. Sanger at all ana nad @ neVe. nearu or
him so far he remembered The November
grand jury was drawn by Judge McMahon VINO
was then sitting in Part l. of General sessions.
'Tbe monthly grand jury is drawn from d
panel of forty thousand reut Jurors some
months prior to the term for which 1t is neeueu.
BEFORE the Commissioner of Jurors the mel,
drawn have opportunities TO place various lesal
excuses for non performance OF jury outy: suIl
legal excuses being that they do not resloe , III
the county in which they are to act tnat tiiey
have recently moved from such county tnal
they anticipate moving from sucn county piiol ~
month during WHICH tiey aic
sit as grand jurors. Whether or not MI.
Sanger gave any excuses. or MADE any enueaVor
to escape being drawn in the November panei,
couId NOT be learned last evening, as all RECORDS
were closed and all officials had gone 1or ehe
day .,. ... ,,ho
would not consent to being quoted, SAID most
emphatically that the indictments OF Scanneli'
Marks Police Captain Cannon, the three in
81 ectors of the Metropolitan Street Railway
C,c mnany and all the other indictments nanoeo
So--n 10 st month were illegal and without effect.
Asked what would be the result In case sa;,,,oI OF
~ bad been tried and convicted. he shrugged
his shoulders.