The pilot and transcript. [volume] (Baltimore, Md.) 1840-1841, 1840-12-02
From the NJ Y E.rnTess.

5000 bbls. Flour, have arrived. The former
cargo has been placed at $4,000 per Dbl.
From the ~: Y Express.
The PREsENTMENT OF THE RECORDER OF
New YORK BY THE GRAND JURY.-The
Grand Jury engaged in the investigation of the
"Glentworth papers,, as we announced yes
terday, have, presented the Recorder of the
Court The following is that portion of the
presentment Which refers TO this case.
efThe Grand Jury cannot, in justice TO them
selves, acting under the sacred obligations Of
their oaths, permit the present occasion to pass
without expressing their views upon the charge
which His Honor the Recorder thought proper
to address to them previous te their entering
upon the discharge Of the important trust for
which they were empannelled In reference
10 the charge relating to the examination by
the Recorder of the election frauds, ard ..ssSS
procurement and possesaioo. Of cue Gientworth
papers" ass trey are called, no documents have
been presented 10 them, either by the Commit
| ting Magistrates, His Honor the Recorder or
the District Attorney.
The papers, or documents relating 10 sucs
| frauds, now being in the custody, OF under the
control OF the officers of Justice, had TIE Grand
Jury presented that if it was proper that they
| should be possessed of them, they would have
| been furnished for their examination: but con-
GLIDING, as they conceived they had an I'M
doubted right TO do, that there was a differ
ence of opinion among the Judges on their le-
gal possession, they did not feel it to bewth in
their duties 10 cause any process to be issued
to enforce their possessioH they are not willing
that any act of theirs be construed into an adj
mission that the Grand Jury consider they had
been legally taken from the custody of the per-
son under whose control they had been placed,
by him TO whom they Of right belonged.
But on the contrary, the Grand Jury feel
bound TO present, that in one instance referred
to, there was, III their opinion violation of the
rights of citizen and the law OF the land,
which secures to every citizen, however hmm
BILE, an exemption from search and forcible sell
zurc of his property and papers, except under
warrant, TO be issued by magistrate, on rea-
sonable cause shown by affidavit, to be within
the limit prescribed by the statute and common
lazy of the land.
That the adoption of any other rule would
permit any justice on his own voliiion to force
from the custody of our citizens the tile deeds
TO their property, private correspondence, with
out the consent OF the owners, on mere sup
position hat something might be discovered
bearing OH an individual who had the charge
and custody of the papers.
And they further present the proceedings Of
the Recorder 10 execute the office Of a search
personally, while in their opinion il may make
him party 10 any illegality that may have ia
ken place, has the effect 10 deprive both the ac
cused and the people OF his learning and ex
perience in the future progress ofsuch proceed
lngs.
And they do further present, that the publiea
ton in TIE newspapers under the sanction o
the Recorder, of the dispositions and affidavitl
taken before him in reference 10 complain
necessary 10 be laid before Grand Jury, wa,
an act tending to injure the character of tn,
accused previous to atrial by a jury ofhis coun
try, in violation of that benign principle whicl
presumes a man TO be innocent until proved
guilty. GEORGE w. Belts, Foreman.
The presentment having been read and or
dered on file, Joseph Goddard, Esq, one of th,
Grand Jurors, rose and handed to the Court tn,
following. e 100 II. t5.,7
4 nH PROTEST.
We, the undersigned, members of The Grand
! Jury, do protest against the preseptnent pre-
sented by the Foreman Of The Grand Jury, :.
| said presentment Is ia their opinion AGAINST The
j law and evidence which has been presented to
Them. ry.is s "a
| John D. Hawley, h Charles ]. Dodge,
! John III. Guion,i ~ Lewis Doty.
| Samuel Dick. e41 Thos.J CuiHefsIeave
Ebenezer Barkley, s. N. Judah
Joseph Goddard.
New York, November %, 1910.