The pilot and transcript. [volume] (Baltimore, Md.) 1840-1841, 1840-11-14
From the NJ y. Commercial Advertiser.

p
Investigation and the Glentworth papers, con-
siderable interest among the bar was excited TO
hear him, and many Of its members were pres
emit.
The following gentlemen were sworn as grand
jurors, viz.
George w. Belts, foreman. William ]. Hys-
Top, John II. Guion, John G.. Brown, Joseph
Goddard, Samuel N. Judah, Lawrence Martin,
Ebenezer Barclay, TIL. J. Gildersleeve, BurtiS
Slkidmerc, Isaac Arnold, Trad Hawley, Lewis
Doty, Caleb NJ Little, DudleyP. Arnold, Hen
ry Andrews, Edgar Harriott, Samuel Dick,
Chas j. Dodge.
The Recorder then commenced reading writ
ten document to the grand Jury, which was sub
stituted for the usual oral charge. 1t was vo-
luminous production, filing about thirty foolscap
Folios, very closely written. The reading OF
them occupied ever three hours. We understand
it was composed for the purpose OF publication,
and was placed in the hands OF a lawyer,
friend OF the Recorder, for supervision, to prepare
it for the press. Not being able to procure the
document in time for this mornings paper, we
give simply an abstract Of our notes taken IN
Court.
The Recorder appeared to labor under the i'm
preston that it was necessary for him to justify
himself in relation to his management OF the late
election frauds investigation, and the paper he
read went lengthily and earnestly into the mat
ter. The Recorder then went into history OF
his course Of judicial conduct since his appoint
ment to office, detailing several acts which, from
the manner they were detailed, we presume
were intended as favorable specimens of his of.
fetal conduct. He excused himself in the seiz-
ure of the Glentworth papers, and his superin-
tending the investigation therein, by saying that
he considered it his duty as magistrate and
citizen to protect the purity of the elective fran
chise, and be also quoted at great length numer-
Gus cases which he considered bore upon the le-
gality of those proceedings.
His Honor maintained that there were two
methods BY which results similar to those of the
election frauds investigation could be brought
about. The first was to enter complaint to the
grand Jury, and so let the matter take its usual
course through their hands. The other was to
apply to an examining and committing officer,
who should be authorised to arrest persons and
secure such evidence, oral or documentary, as
was fitting for presentation before grand jury.
The Recorder maintained that complaint having
been made to him Of these frauds, he had the
power, being magistrate, an examining and
committing officer, to proceed forthwith to use
all legal means to secure the attendance of ne
cessary witnesses, to arrest the guilty, and TO
take into his charge any documentary evidence
that could tend to substantiate the charge and
bring the guilty to Judgment. In this capacity
he must search or cause to be searched suspected
places, in order to procure the necessary evil
dence. This practice has obtained for centuries,
and without it, the means of bringing criminals
to Justice would be often frustrated.
In relation to the court of inquiry itself, his
honor said that charges of usurpation and lille
gality had been much dwelt on by individuals
and the public journals. Great odium had been
attempted to be thrown on its proceedings, and
the haclneyed phrases Of 'eStar Chamber SIN
QUESTION: Sc. had been freely employed to de-
signate it. His honor said it was melancholy to
see the excited feeling and prejudices that had
existed and had been fostered against the consti-
tuted authorities of the land, and he then referred
to the I'd vol of the Statutes, I'd ed p. $50, sec.
], 2, ID, %, for the purpose of showing that the
court of inquiry had been legally and properly
organized and constituted.
With regard to the charge made against the
court, that ITS proceedings had been conducted in
secret, he, the Recorder, wished it to be SO con-
Quoted. He did not wish it to be conducted
privately for political or party purposes, but to
further the ends of Justice. When, however, he
found that the examinations gsing on before the
court were known, and that there was consider.
able excitement in relation to them, he came 10
an understanding with MIR. Mumford, editor Of
the N. Y. Standard, to publish the whole of the
testimony, and furnish slips copies of it to all
the other New York papers, which MIR. Mum
ford agreed to do
His honor then adverted to the seizure of the
Glentworth papers, and embodied in his remarks
the STUNT lutdS IL MOI luS SAINT hOIuS WHICH ne
had employed on the matter when he appeared
before Judge Edwards, the morning after the at
tempted Teplevin of the documents by the sheriff.
He said it was late on Thursday night when it
was proved to his satisfaction that Glentworth
had sealed up package of papers, important to
establish the truth Of the matters under investi-
cation, and that he had given them to Mr..
Pierce He said that, notwithstanding the
opinions against his conduct on that occasion he
now deliberately stated, that had Mr.. Fierce re-
fused to give him those papers he would have
searched his house for them. This conduct, he
said, had been alleged to be illegal, and he then
read, from the 18th section Of the bill of rights
to show that his course in relation to those pa
pers was correctly pursued.
The Recorder then cited multitude Of cases
chiefly drawn from English authorities, where.
in seizures of papers had been made, belonging
to, or supposing to inculpate, persons charged
with high crimes or misdemeanors. He also
adverted to the Investigation of the charges
against Justice Merritt, and then glanced al
several police instances, from Phoebe Ann Floor
to the latest search warrant executed by our po-
lice officers, and searches made without arrant
Now, said his honor, could such documentary
testimony be intangible, could such docu-
ments be replevined, where would remain the
power or capability of bringing criminals to JUS
tice? Documentary evidence alone has often
led to the conviction Of offenders, and if it had
been wrested from the court by replevin process,
they would certainly have escaped the punish
ment due to their crimes.
The Recorder then directed the attention OF
the jury to papers and facts elected during the
election frauds investigation, and urged them to
sift fearlessly and thoroughly the whole matter,
and to spare none, however high or apparently
honorable, who could be found implicated II,
these frauds. His Honor gave the grand jury
the usual caution against 6 favor and affection,
&C." and detailed to them the cases of the pres
ent term, likely to fall under their supervision
for judgment, and so concluded
Judge Lynch addressed the grand jury, and
apologized for OBTAINING them after the length
of time which had been occupied by the Re-
corder in delivering his charge. That charge
was not the charge Of the Court; neither of the
members had been consulted, or knew of his
intention to address them on several of the sub
jects to which he alluded. Judge Lynch said
that, in the rerlarks he should make, he did
nnt into nd FL naaa nm The cOndurt 0f the Re-.