The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-07


Eighteenth ward The defendant charged the plaintiff
with having thrown y hs adfull OF ballots into the
ballot box plaintiff being ut the time inspector Of
elections It did not appear that defe ndsnt CHARGED
him With doing while inspector Of the chartsr cleo.
ton but while Of the primary elections
not actisnsbe The case resulted In verdict for the
defendant. =
re- General Sessions.
Before Judge Daley, sad Aid. Dsming and Stevens.
MARcn 6-This Court met for the despatch Of
busjuess, but in consequence Of there not b,ins
sufficient number Of grand jurors present to form
quorum, adjourned till IL o'clock to morrow.
The following 10 list Of the offences set forth In the
Murder /; rape q robbery, A. assaults q forgery, Il
obsipiBg goods by false pretsnecs, l. msdemeauor Il
indictments, IL; sbanaonmsnts, 81 bsstardy, 2-Tota
This court rat yesterday whom the following gentle
men sworn as 0snd Jurors James Brooks (fore.
MANI Isaac Foster. Albert Gaunses, John w. Howe,
John H. Herrck. Stephen Msrthing John NJ. Sesmsu
Lyman Taylor Charles Wright, William W. Witmoath,
Henry F.. Hoyt Stephen Valentine, Georges d. Hay.
dock Edward M. Day, Thomas NJ. Small, and Henry
His Honor then Adhered them in a most eloquent
strain His charge was the production Of q learned
an acute and elegant mind. He said 1t become the
Court the nelIiDg ofa Grand Jury instruct
attention those statutes which the Legislature had
thought proper in it's wisdom t. pass. Their duties
were thresfold; they might be classed under three
heads. First they might proceed by indictms ats:
secondly, by presentment, where offence had been
committed by some peraon unknown and Tho ma
which the public authorities should be- made aware
was necessty to the finding Of true bin that ~eIve
Of their BODY .hoeld agree but that member should
1t might be returned to the District Attorney who
might perhaps submit 1t to the consideration OF
ther Grand Jury; but would not BE- laid before them
again There We three bills for capital offences and
On unusually large number ct single term Of tho
ns -.
Of the street muscian 1t wss proper that Ia should
call their attention to that branch Of their duty. Ia
those cases, they might seek the advice
Of the DiArict Attorney, Of thu Court. His Honor
then read the words Of the statute defining murder
and showing wherein it differed from mauslaugbtsr
1t raid his Honor of consequence that they should
20 those cases as soon as possible tho Court Of
Oyer and Terniner then ia session. The second
sentiment To that he was anxious to call their
particular attention Where any matter originated
with Themselves that was but whom the
case had gone through preliminary stage before
msgietrste, then the mode proceeding by ipdet
ment The Grand Jury might present an individual
for tie commission Of Rencs within their
knowledge but that privilege should be exercised with
great and caution because 1t was dvested OF those
safeguards which the law had devised for the pro.
lection Of indivduas from unfounded aocusatioB.
The ACQUIRED, when before . msgstrste had great
sr advantages. There he was before his soouser,
ducs tho accusation writing and to instruct him .,
to not committing himeef But before tbs Grand Jury
They acted upon exrarte statements, which might
subject an individual to severe accusation, and to
oil the painful consequent Of public trial. Grand
jurors without saying any thing dieparaging to them,
had not the practical knowledge which mssistrates
rossesrsd. They we're not scqaainted With thu rules
sitting the truth In the application Of those
which experience had taught and sanctioned. 1t
would be both vise and prudent not to exercise the
power except In special to b de-
termined BY the exercise Of sound discretion The
mssistrste rat In public what he did everybody
knew IL spread far and wide BY The public press
snd there was no opportunity, even II the dspositon
existed for corruption unfairness, or impartality.
The Dsgistrstes were elected BY the people, and,
therefore. their responsibility was eahsnsed BY the
nature Of the tenure Of their Office The Law ten
der Of the reputation well the liberty Of the ei.
tzen, and It would not unnecessarily or unjustida
bly, expose him TO tho edlum Of public trial. In this
community, the rights and immunties Of individuals
were 80 clearly defined BY charters end iunu-
teal sction tending to the devispg Of means for
their preservation, that there WAS no ground for
spprehs pding that they would be abridged t,ssoh-
ed upen In any way. The last branch Of their duty
was Of comprehensive character thst Il sons.
what difficult TO de6ns. not regulated BY any
statuts, but festsd on usage The power exsvtsd BY
the Grand Jury grew out Of the instituuoA Itself Il
was an ancient and had Its origin ut remote pe.
rsd Of the history Of Euglieh Law. His Honor then
into elaborate account Of the orisn Of grand
ure Of the Introduction of the feuda eyetem bv the
Nornans iuto England showing Its despotic ELECTS
upon . people who're political oondition prsvou. TO
that time, was comparatively free IL was their duty
to enquire whether any violations OF the lot cry
have taken place Thssselnng OF Tickets or adveris
Ing o. insurins then, was m'sde Then the
urury laws claimed their attention. No greater
than per cent allowed BY law, the violation
OF which wee also Q mlsdemesn,r. There aaothsr
subject which entitled 70 the highest considera-