The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-05-04
General Sessions.

Before Judges Lynch and Noah.
William Shaler, Esq, acting District Attorney
MAY Sat the opening of the Court, the follow
ing gentlemen were sworn as grand jurors
Richard B. Fosdick, foreman; Thomas Barker
Robert b. Boyd, Eli G. Blake, Michael Dougherty
Moses Ferris, John McMenomy, Peter Nelson, John
Trimble Henry lIovenbergh, John Murphy. James
II. Hart, Joseph Hopkins, Albert w. Smith, Jared
w. Bell, and Peter Crawford-total, 20.
Judge Noah then proceeded to make the following
charge, which will be read with interest
Gentlemen Of the Grand Jury =
The Court has great satisfaction and pleasure in
announcing to you the continued decrease of crime
and misdemeanOr In city at the Calendar for the
present term plainly indicates, there being but if
teen new cases In prison. Offences of higher
grade growing out OF a spirit OF specuaton-fraud-
ulent conduct, extravagant and reckless habits
among what s called the more intelligent class Of
society have rather increased of late, while crimes
Of subordinate character, together with breaches
Of the public peace evidently the decline. The
benign progress OF the Temperance cause and the
speedy trials and.prompt punishments following con-
vicons, together with the vigilance OF the constitu-
ted authorities may be considered as the leading
causes of this great reform, and we safely de-
clare that no city in the world OF our mixed pOpula-
ton has less crime to complain of, boast of
greater internal tranquility. In recent munich
pal election there have been some outbreaks, and
similar disturbances may be anticipated in future
contests, but devoted attachment to the laws, as
the great controlling principles of all our ac-
tons, together with a just and conciliatory
ese odeas %oa disturbing n5 IL the pp pb aTSus
or outragng. public morals. 1t is made the
duty of this Court, to call your attention at each
term, TO any lnfraction OF certain laws adopted for
the safety and better government of the community
These laws are against the erection of wooden
buildings within the fire limits; against taking more
than seven per cent interest per annum on loans
commonly called the usury laws; against the selling
OF or lnsuring Lottery tickets; against the grand
I,ry ANU nNpr float 4,
bill of indictment for felony has been ordered
against person, until such person shall have been
arrested, and against frauds at elections The OBJ
ect of these statutory provisions fully understood
by you, and the experience which many of you have
in discharglng the duties of grand Juror, render
it unnecessary for the Court to go into further
explanations, as to the extent of your powers.
In the course of official relations with the Po-
lice Department, II has been ascertained that per-
sons have been discharged from the Peniteatiary be-
fore the term for which they were sentenced had
expired, and the keeper alleges that it was done by
order of some of the MAGISTRATES of the City. Per-
sons arraigned In the Police Court under what is
called the vagrant Act, regularly tried and sem
fenced by that tribunal and the record of such con-
vcton is deposited in the office of the Clerk of the
City and County. After such trial and sentence,
the power to pardon is vested solely in the Execu-
tive of the State by the constitution. If disorder,y
persons were sent to the Pententiary, TO remain
there during the pleasure of the committing magis.
trate, the authority to release would be equivalent
and sentence according to law, the Executive alone
has the power to pardon. As great abuses NAV grow
out of this undelegated right, il is recommended to
the grand jury 10 Ia Ike the subject into consideration
remedy to such abuses 1t is further suggested to
take UP the prison cases first, the Court being
anxious TO dispose OF them promptly.
The ordinance OF the corporation passed Nav 2
1889, makes It the duty OF the Keeper of the City
Prison to separate persons committed for examina-
ton from the hardened ielons. II is of equal if not
OF higher importance to have rooms prepared in pr-
son in which witnesses should be confined, who not
being charged with crime and detained 10 further
the ends ut justice should not be classified with
victs, and be corrupted by such associations This
should also particularly apply to the confinement of
apprentice boys and young females.
appears to be the general wish, that this court
should occasionally bring the consideration of the
Grand Inquest, whatever may relate TO the cause of
usuce or To the interests and welfare of the COM
| munity, IN connection with our local or municipal
concerns and although there may be many subjects
upon which, gentlemen, YOU NAV not be called ,,pon
TO act officially, there are nevertheless MANY If
nc'es' when, II spread before the people through
s chahhei, may serve To correct abuses and intro
ducc many salutary measures of reform
| One subject OF deep importance 10 the cameo Of
civil and CRIMINAL Jurisprudence Is an ey;Jan, do
crease in the number of Intelligent iurymnn !, -
supposed that IN thus great city there are NOT more
than Two thousand persons competent to do urv
duty--while firemen and exempt Gremen oi,;carys
and soldiers OF uniform companies persons in III
service OF the general government. ministers teach
ers, physicians, aliens, and those employed in fnr.
naccs, gas works, Nc, together with all who are
excused from serving IN consequence of not being
worth certain gum over and above what will nav
their debts. number full TEN THOUSAND of The mos,
useful and intelligent class of the community who
are legally excused and relieved from what Is
deemtd an oncrous duty. With this limited nun.
Der ofjurymen TO transact all the civil and criminal
business Of the city, the of Justice labors under
serious inconvenience and it frequently, nay uni
fornly happens in this court, that there seldom
more than iwenty-six jurymcn sworn out Of pane
oil cighy-four citizens summoned. The difficulty
gentlemen OF the Grand Inquest, arises from the
fact that Jurors not allowed 10 receive com
pensaon for their services and attendance in thi,
CITY and county as they are In every oiher cnnnfv o.