New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-08-06

oicCnents agairst Charles BSLke-. The
second is TO inspec; the minutes Of the
grand jury and for al order recurring the
District Attorney 70 indorse on the back
OF the Indictment the names OF all th.
witnesses that were examined before rte
grand Jury, in accordance with Section
- OF the Code OF Criminal Procedure.
and for such other relief as Is prayed fo-
IN the motion papers.
Alleges llIegaI Session.
The first motion 70 dismiss tire Indlct-
meHt asks the court 20 order the taking
Of certain TESTIMONY 20 prove some OF
the facts alleged In the indictment 90 he
merely upon information and belief. i,
asks the court 70 take the testimony o,
the District Attorney. some OF his as
sistants, the clerk OF the court and other
persons o. show that the session Of the
grand jury at which Charles Rocker was
indicted was not legally convened"
The grand Jury meets when Il please~
and where II Dleases," said Judge Null
queen. who seemed surprised In this
particular case when the grand jury met
80 late at night 10 consider the Becker
case IL met by my order. There were
present al least sixteen members. as roe
CURED by law. and twelve men the legal
number necessary to constitute = true bill.
signed the order. I shall deny that ro--
ton Of your motion because tho court
knows that the proceedings IN the case
We're regular"
And as 20 the names OF the witnesses
not being on the back OF the Indictment
said Mr.. Whitman, y gave the usual in
structions 20 have them indorsed on tie
back"
Judge ALulqueen examined the indict-
ment and declared that the names 81
witnesses appeared on its back. and sug-
gested that II any names had been omit
ted Il must have been accidental
If any have been omitted" continued
the court, the District Attorney will m
doubleday have them ADDED. Now, have
you any other motion 10 make 90
into Tscnnieaiities.
Il stand upon ali of the grounds Of Try
moving papers a. fled with the clerk. %
said Mr.. Hart, with frmness. For in
stance. the tally sheets Of the July term
ought 20 be examined 10 see whether all
the grand Jurors were properly notified
and then we are entitled TO know i
everything was marked IN evidence"
Has the District ATTORNEY anything 70
say to that?' inquired Judge Mulqueen.
"Ail I care 10 say" said Mr.. Whitman
us that the grand jury was regularly or.
dered and Gil the facts were properly pre-
sented and true bill against Becker
found"
When IN. District Attorney finished
speaking. Judge Mulqueen, after glancins
al the morning papers, said:
BY the way. see that this whole
matter ought to come UP on August T.
Mr.. Hart tried to have the District At
torney concede him the privilege Of goins
on with the motions then and there, but
Mr. Whitman refused.
In that case said Judge MulGueen
after Mr.. Whitman's refusal, there Is
nothing before the court
But your honor" said Mr. Hart. Z
would like 10 make motion
There is nothing before the court, .
repeated Judge Mulqueen.
But won't your honor direct the clerk.
persisted Mr.. Hart, tic take cognizanee
Of this motion "
Il don't care TO hear anything more
from YOU" replied Judge Mulqueen. with
show OF feeling. IF you have any
more motions to make, present them in
writing"
Then l am to understand that my mo-
sions are deniedg'
You are TO understand nothing" said
the court firmly. emphasizing each word
except that there is nothing before this
court, except your motions, which cannot
be heard before next Wednesday morn
ing"
To eliminate further colloquy. Judge
MulQueen. as Judge Grain had done, called
for the next case