The sun., 1901-12-03
GRAND JURY'S WORK ALL VOID?
NON-RESIDENCE or Juror MAY
HELP SC4NNELL AND CANNON.
Motion for Dismissal Of some One OF the
J0O indictments Found IN November
to Bc Made To-day Juror
sanger said To Live In Wrong County.


District Attorney Philbin was informed
yesterday that counsel for Fire Commits
sioner Scannell and William l.. Marks
or counsel for some other person will
move before Recorder Goff to-day for a
dismissal Of the indictment against them
on the ground that one Of the Grand
Jurors. Eugene B. Sanger was uniawfully
present during the deliberations OF the
Grand Jury. and that his legal residence
and voting place is Iarchmont, West
chester county. although he has city
address at SO Central Park South, which Is
the New York Athletic Club. He was
sworn in as a Grand Juror by Judge New
burger and served all the month OF No
vember.
The code says that the Grand jurors
shall be citizens of the county. IL Scan
nell's counsels contention holds 1t Is be-
lieved In the Criminal Courts building
that every one Of the $50 indictments found
by the November Grand Jury will be de-
clarcd void. Among the indictments were
those Of Police Captain Cannon and three
claim investigators of the Metropolitan
Street Railway Company, indicted last
week for subornation Of perjury. TO
some OF the indictments accused persons
have already pleaded guilty and they are
now doing time.
1t Ia not certain that Scannell's coun-
sci will make the motion John ID. Lind
say, one Of them, said last night:
Il shall make no statement about II,
one way or the other. ] understand that
there are certain lawyers who are going
TO make motions of this kind ana that
I,,In xril aLa m ha-
half OF client to-day One Of MIR. Oh
colts clients Is Capt Cannon.
Mr.. Sanger was called up yesterday
afternoon bv telephone at his Larchmont
residence. He was asked il he lived there.
He raid that he did. Then he was in
formed that a question was to be raised
as TO his eligibility a. a Grand Juror and
he was asked if he voted in Larchmont or
in New York He would not say and hung
up the phone
assistant District Attorney Byrne, who
il in charge of the indictment bureau.
said last night that there had been some
questions raised early in the month as to
wheth Sanger lived here or In IArch-
mont He said that he had looked in the
city directory and found that he lived at
so Central Park South. That IL the ad-
dress given on the Grand Jury list Mr.
Sanger Is retired real estate dealer and,
IT.
az Grand Juror.
District Attorney Philbin said that he
thought IL would he proved that Mr.. Sanger
lives in New York county. Mr.. Philbin
and Assistant District Attorneys Ordway
and Train were in consultation over the
question Yesterday afternoon, but had
not settled II when the District Attorneys
Office closed for the day.
Scannell and Marks were indicted by
the June Grand Jury the first time. JUS
tice Gildersleeve dismissed the indictment
on the ground that the code makes IL man
datoSy that during the deliber atoms Of
the Grand Jury no one else shall be present
except the District Attorney or one OF his
sworn assistants, and that Mr.. Ordway
was present, having been retained as spe-
cial counsel by the District Attorney.
II was said In the District Attorneys
Office yesterday afternoon that no one
was responsible for Sangers having served
Illegally. II he did 80 serve, except him
self He should have announced his change
OF residence, IL was said, In case II has been
II he voted in Larchmont. IL
was urged, he must have been for four
months a resident Of Westchester county.
The November Grand Jury worked ex-
ceptionally hard. holding two sessions
a day. Its diligence was commented upon
by District Attorney Philbin and by Judge
Judge Mcmahon drew the
Grand Jury.
IL was said at the New York Athletic Club
last night that Sanger did not live there,
he was member Of the club
and that he had no rooms there His
Office address l. AZ 30 Fast Forty-second
street where Il was said that he had desk
room. clerk from the District Attorneys
Office went 10 the Fifty-ninth street and
Forty-second street addresses last night
to ask about Sanger's whereabouts.
LARCHMoST. Dec 2 Mr.. Sanger has
lived here with his wife for eight or ten
years aud according 10 the best inforna-
lion obtainablc here voted IN LarchmUnt |
asi year, ia 1907, and at several other ele'-
lions He was formerly "a leather m'i-
chant and has Recently had a real estate
business lie left here a. o clock tonight, |
savins he was going 10 New York and |
mig ht not be back until very late