only wait (I did so at your request) to hear from you, and I wish to proceed in both these cases without any further delay. Yours, truly, ARTHUR T. JONES. As Mr. Whiting did not get me before the Grand Jury, which I had been waiting for him to do ever since Carlin was held to bail, on the 12th February; I began to think that I never should get there; except by my own exertions. I called at Mr. Whiting's office, and either left word or a note for him, requesting him to send me a list of the Grand Jurors. WHITING TO JONES. March 16, 1855, in Court. A. T. JONES, Esq., DEAR SIR: My engagements have been so incessant, that I have not had the time to answer your note before. I enclose you a list of the G. Jurors. You can judge of the propriety of going before them, as well as myself. I would not, were the case mine, press the matter before them. Still, if your view is upon it, I believe you can be heard the next week. They, as you know from the public papers, have adjourned over for several days, for the want of proper accommodations. In consequence of this, the prison cases have so accumulated, that the District Attorney will not put any bail cases before them, until they pass upon the prison cases; which, I understand, will yet occupy several days. I fully appreciate your anxiety to drive the matter, and will try to get you before them at an early day next week. Yours, very truly, J. R. WHITING. The following is a list of the Grand Jurors, for the March term of 1855: Samuel Bradhurst, 44 East Twenty-fifth-street, Edward H. Fletcher, 60 West Twenty-third-street, M. Hopper Mott, 31 West Twenty-second-street, Edward Schell, 20 University Place, James Kearney, 333 Eighth Avenue, William H. Knapp, 70 Bedford-street, Benjamin H. Talmadge, 13 St. Mark's Place, Elliott Walker, 24 Bedford-street. Upon a perusal of this list, I wrote to Mr. Whiting, (I have no copy,) saying that I did not desire a better Grand Jury, as some of them had known me for many years; and that I was not afraid to trust any case of mine, before any Grand Jury of New-York, that had taken their oaths to do their duty. On Monday morning, the 19th March, I called on Mr. Whiting, and asked him to go with me to the office of the District Attorney. He accompanied me there, when he told Mr. Hall, that I was desirous of going before the Grand Jury on that day. Mr. Hall said, “Mr. Jones, I do not think you can get before them this term; as they have been obliged to adjourn several days for want of accommodations, and will only sit three more days." I told him that I was very much occupied with my business engagements, that I had appropriated that day especially for that purpose; and that I should not occupy their time more than fifteen or twenty minutes. He then said, "Mr. Jones, haven't you got that horse back yet?" I replied, "No, sir." He then said "it was a shame," and that "Carlin ought to be indicted." I asked, if the papers had been sent to him by Justice Osborne on which Carlin was held to bail? He said he would see. After going into another office, he returned, and said, "Yes, here they are; I will send them in to the Grand Jury, and write them a note." I was pleased with Mr. Hall then; he was so bland and polite, and behaved so prettily. My object was to ascertain where those papers were, that I might tell the Grand Jurors where to send for them, as it was my intention to get before them that day, if possible, even without Mr. Hall's assistance. I also wished to give Mr. Hall an opportunity to do the genteel thing, if he was so disposed. He was so disposed, and, as I said before, he behaved prettily. I wish to give all who have had a finger in this pie, due credit for all their proper acts, as I intend that they shall have the benefit of their improper ones. I especially call the attention of my friends to this solitary proper proceeding of Mr. A. Oakey Hall (in my opinion), from the beginning to the end of these matters. While Mr. Hall was looking for those papers, Mr. Whiting said to me, that he had never met a man with more perseverance and courage than myself. That he did not believe there was a man in New-York that could have accomplished as much as I had done; and added, “Jones, I never want you on me." I replied, "Do your duty then;" for I am determined never to let any man sleep who is connected with this case. As Mr. Whiting uttered this with apparent sincerity, I did not con sider it 66 as soft sawder," and it encouraged me to proceed. I went from the District Attorney's office, and took my station at the door of the Grand Jury room. After waiting there till a very uglylooking woman had been heard before them, (the ladies should always have the privilege of being heard first-they are sure to be heard, any how,) an officer called out," Mr. Jones !" I said, "Here I am!" He asked me to walk in, which I did. I found myself in the "Alderman's room," as it is called; and the thought flashed across my mind, Well this is the room where they say there is so much rascality consummated, by those who make such great exertions to get themselves elected, (as they would have us suppose,) solely for the purpose of giving their fatherly protection to the whole of the inhabitants of their beloved city. (?) I found myself surrounded by a goodly looking set of gentlemen, and in the "speaker's desk" I immediately recognized M. Hopper Mott, Esq., who was acting as their foreman, to whom I had had an introduction on the previous Saturday. In his well-known pleasant manner and bland voice, he said, "Mr. Jones, I believe you have a complaint to make; please state it to the Grand Jury." I then made my charge against Carlin, stating the particulars of his connection with the case on which he had been held to bail, and referred them to the "papers," to corroborate what I had said. As the jurors appeared to take an interest in the case, and asked me some questions, I detailed the whole history of the horse transaction up to that day. One of the jurors asked, 66 But, Mr. Jones! is not the Sheriff liable for the value of the horse?" I replied, "Most certainly. He is liable for his pecuniary value. But suppose that he had taken my spoons, instead of my horse. I do not recognize his right to break the law himself, by giving away my property, when I have given a bond according to law, entitling me to its return; and to force me to commence a suit against him, to test my right to what I have bought and paid for, and for which I have a receipt in my pocket; putting me perhaps to three or four hundred dollars expense for the value of a hundred, and getting a trial on, no one knows when, from the way that these scoundrels are enabled to manage. Besides, what am I to do for spoons all the time? (you know, gentlemen, it is not easy to eat soup with a fork), unless I am unjustly compelled to purchase another lot?" I told the jurors, that I was much obliged to them for listening to this long" horse story," (I thought it was long then,) and was glad if it had afforded them any information or gratificntion, but that, in my opinion, they had nothing to do with it. It seemed to me their business lay in a "nut-shell," viz.: Has Thomas Carlin broken the law, or not? “Here is a copy of the statute, which I have copied from the Revised Statutes this morning, with a reference to the same, or you can refer to the statute itself. Mr. Whiting, my counsel, tells me that Carlin is subject to indictment, and the District Attorney told me this morning that he ought to be indicted. If you desire, I will leave it with you." The gentlemanly foreman extended his hand, in which I placed the documents. I then took the "first position," and bowing my head as gracefully as possible, "left the presence." Upon this important institution, (the Grand Jury,) the protection of society depends. All offences against society of a criminal nature, must first be presented to them. It is true that it is generally only the evidence against a party that is heard by them, but it is their duty, while listening to the testimony given under oath, to scan well the manner in which the evidence is given; and if it should appear to their minds that the witnesses are actuated by motives of revenge, or from any other motive, except the public good; it is a part of their obligation, and they have the right by law, to send for any persons they please, to testify, that they may not do injustice to the accused, by presenting him for trial from trivial or improper motives. It is also their duty to keep all their transactions secret among themselves; that the indicted party may not have the opportunity to escape arrest, through information of their acts. It |