Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-11-30


him to whom they ofrght belonged Blu. the contrary,
the GrandJury bsusd to present that in the Instance
rights ofs citizen and Of the law the land which
cures to every citizen, however humble, an exemption
pers except under warrant to be issued by nagstrae
reasonable cause shown by affidavit 10 be within the
land That ths adoption Of any other rule would permit
justice his volon TO force from the custody Of
respordence without the Of the
superstition that something might be discovered bear
ing an individual charged with msleneanor not
committed in the referred to by the individual who
had the charge and custody the papers.
And they further present the eseding Of the Reeor
der TO execute the office Of Search personally lille in
their opinion it may mako him party to any legaity
that have take. place has the effect to deprive both
the the people of his learning ad experience
in the future progress Of such proceedings.
And they do further present. that the publication OF the
positions and afdavts taken before him in reference
complaint necessary to be laid before Grand jury was
an act tending the o. e pre-
benign principle which Presumes man to be innocent
GEORGE W. BELTS, Foreman
1t was curious scene whilst the Clerk read
ing the first portions of the presentmen At the first
sentence every eye was fixed on the Clerk, and the
audience seemed to hang upon the words with the
most intense interest, but with the words !" City
Prison" change came over tho spirit oftheir dream
and ona voice said sis that all? The unimportant
parts having been passed interest seemed to
resume, but II was evident that the audience were
greatly disappointed in the Presentment not merely
in its general tone and unim far regard
ed any results likely to arise, but from its lack of
all dignity of style and perspicuity of language or
arrangement.
As the Clerk was about placing the document con
file" according to the order of the Court, Mr. God
dard, Grand Juror, rose and handed up a paper
which he said contained protest, and asked ii it
could be read
The three Judges con sulted together without look
ing at the paper, and during the consultation, Mr.
Goddard rose and said, 81 wish to give my reasons
for signing that protest rights have been invaded
and myself and
Judge Ingliss.-Stsp sir Whatever may be our
decision about this paper, it is masifssty improper
for Juror TO enter into any argument 1t one is
permitted protest verbally another must, and the
result will be a Of confusion such as no Court
DESTROYS of maintaining its own selfrespect could
Mr.. Goddard (evidently excited.) But Mister
Judge /
Judge Ingliss,- you must be respectful and in
order. cannot permit such interruption. You
have high privileges Grand Juror, but there is
degree Of respect due to this Court, especially
when they were in the act Of consulting on the legal
proPriety Of receiving written protest from your
self and other Jurors. would enquire Of he Fore
man il the Presenment was found ny mere majori.
y,orby the legal number necessary to find bill of
indictment
Mr. Betts.-It was found by a majoritv, nineteen
members being present, and the Presentment was
found by amajority of the Grand Jury, under the ad
vice of the gentleman q. L. Brady who acted as
Dir Brady-Ysur honor there is a slight unin.
territorial error in the statement of the foreman.
was consulted as to whether majority Of the
grand jury could make q presentment, and did ad
wise that they could present any matters they might
deem proper; but understood that the matter re-
lated TO another enquiry The presentrnent Of the
Recorder never advised by me, did the Grand
Jury allude to such thing when they consulted
me. am Of opinion that the minority Of the jury
have right TO protest in writing, bat not verbally
also doubt the right Of the jury to present any
ember Of their own court, ia such ease, there
is no person authorised BY law to take cognizance
OF the matter.
Mr.. Betts-The gentleman is correct; we did adj
wise with him on another matter.
Judge Lynch am OF opinion that il is allowable
under the common law, for a majority Of grand |
jury TO make presentments; and also deem il right
and proper in such to receive and place file
the protest Of minority. II it was an Indictment
found by twelve Jurors, ] am Of opinion that no
counter statement could be received, and certainly
ne grand juror possesses any right TO address this
Coaat.
Mr.. Andrews, grand juror, here rose and mani |
tested some anxiety TO make a speech, but Judgs |
lngls maintained the order OF the court, and after
Il brief consultation with the Recorder and Judge
Lynch, his hsnor Judge Ingis delivered the OPP |
mis- Of the court fol ows-
That Grand Jury in finding bill Of ind tment,
are required by law to have at least twelve votes in
the Affirmative
That the power Of the Grand Jury is derived from |
the cannon law Of England, il was the channel |
through which alone ia that country, indictments
Tor crime for the action efa petit jury eosld be
scented.
Our statute. in directing the necessity Of having
twelve votes to fnd an indictment, was silent as to
ment Of the nature Of that now before the Court
that no action could be taken, or trial be had, On
such presentment; that perhaps, therefore, the Ie-
gal rule applicable to public bodies generally, might
without improperly be adopted in reference TO the
pre- sentiments usually made by grand jurcs in refer
ence To prisons, public nuisances, &C, namely, that
majority might make presentment. To find In
dictments, where trial is TO follow, greater nurs-
Der might with and Justice TO the rights Of
The accssed be reqsired. In this case, he
ment is signed and presented by the foreman OF the
Grand jury in the usual way. But whether such
re.eument is required IN be made by at leasttwelye
jurors aud HE Honar cone sscd &C had doubt on
that point, he had doubt about the improperly of
hearing any verbal explanations or rotests made by
INDIVIDUAL grand jurors, IN the presence Of the
Court. Such permission would tend TO confusion,
delay, and, perhaps, to disclosure Of facts which
the law required To be kept concealed.
His honor remarked that he thought the same
principles would in some degree apply 10 written
protests of minority, o! ind viduais Of the grand
Jury. Each individual grand juror might present a
,eperate protcs', aud thus all unity Of action, and
srce attached TO such Pressptments might be des.
royed.
A. 10 the propriety or improperly Of some parts
4 this particular presentment his Honor wished 20
Ie consideredlas expressing no opinion.
Preseptments Of this kind. perhaps, had grown
~ rrther as matter of custom, than as warranted
~ strict law.
the point, however, was now, and a, the other
udg,s inclined to the propriety OF receiving the
wriiten protest, have no obi elton TO do so. as
matter ~ courtesy, TO alay any unpleasant feel.
M. and TO prevent the recurrence Of scere simi-
ar to that which has already presented itself
The following protest was then read and ordered
IN file.
rRoIEsT.
We, the undersigned, members Of the Grand Jury 40
agains, the presented BY the foreman
" the Grand Jury, sail prcscn is in their opinion
gsinst the law aud evidence which has been TO
hem.
john d. Hswlsy, Charles J. Dodge
John n. Guion, Lewis Doty.
samuel Dick Thomas J. Oldcrslc,ve.
Ebenerer Barley, =. v. Iudah
Joseph Goddard,
New York, Nov. ~, 1870.
His honor the Recorder, then discharged the |
grand Jury, for the term with the thanks Of himself
and bis associates. Mr.. Judah then handed TO the |