Note 459 — Chapter XXVIII · Dismissal of the Graft Cases.

Fickert’s motion had been prepared in advance and was read to the court. “Since the calling of this case on January 10th,” he said, “I have made a thorough and careful examination of the evidence left in the District Attorney’s office by my predecessor, Mr. Langdon, and he informed me on my accession to the office, that he had delivered to me all the evidence of every kind and character in his possession or under his control in this case. I have also examined the transcript of testimony given at the former trial of this defendant; besides this, I have made independent search for further evidence. These examinations convince me that there is not sufficient legal and competent evidence to justify me, as a sworn officer of the law, to present this case to a jury.

“My opinion is confirmed by the fact that 42 out of 48 jurors sworn to try this defendant and the defendant, Tirey L. Ford, upon the same state of facts, voted ‘Not Guilty.’ I, therefore, ‘In furtherance of justice,’ move the dismissal of this indictment, on the grounds that the evidence is wholly insufficient to warrant another trial of this case.”