The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1850-03-07
The Grand Jury system

d
Thea Grand Jury System, we have long
bclievA ed is one with which we could well
dsper kse In the formation of the new Con
stituti on, this feature it may be hoped will be
abolished, as one in which there is but little
good and much evil. A committing Magis-
trate NOW occupies the position for which the
Grand Jury was originally intended. He
stands between party wronglully accused
and a long imprisonment beforeI trial. This
dispenlses with another shifting Of the case
beforeithe prisoner is called on TO answer The
Charge, A competent honest man can GER
tainly perform the task of ascertaining
whether there be probable grounds for send
ing prisoner before a jury, who shall hear
the evid, ence on both sides and determine ac-
cordingPy. When Grand Jury finds bill
against man, he is at once considered gull
tyg by the community, and regarded as a
criminal before he has had the benfit of Il
trial We are glad to perceive this Grand
Jury System finds but few supporters among
our. ablest lawyers, even if it fud any at all.
The New Orleans True Delta makes ex-
tracts from English Journals relative to this
system, of which we avail ourself and says
that if there be one element of justice that
appeals more strongly than another 10 lib
erty loving people, tits its open proceedings.
Wherever the is secrecy, there is dishonesty
some time or another, and it requires no
witchcraft to loretelI the quarter likely to be
benefited in such contingency. That incon-
venience may NOT by possibility arise from
publication Of testimony in preliminary in
yesigatlons once in a century, perhaps, we
will not contend; but even SO, the benefits
derived by the public during the remainder
of the period, will more than counterbalance
the centennial irregularity or alteration, fit
should occur ,-5H
If criminals, whose guilt is as clear as the
sun in the heavens, can strange investga
ton in a room not accessible to public scru
tiny, can poison justice at the fountain head,
the laws are farce, and the equality of
the citizens before them, a delusion and
mock. ..,-,r.f7
We copy the following article and the ex~
tracts it contains from the Worcester CEN
gland) Herald: g
THE GRAND jury SYsrEM.-The expert
nent of dispensing with the ceremony of
Grand jury, in the administration of justice,
is about to be made by means of an act now
passing through its last stages In THE last
Parliament, which abolishes that tribunal III
the metropolitan districts, including, ofcourse,
the Central Criminal Court. -tf
We have called the grand jury ceremony.
because when it does no mischief it is so, and
nothing more; but it may become, either az
cidnntaIIv or dacicnadI, evcaa1,nol,y
chievous. For example, it is ceremony in
ninety-nine cases out of one hundred, where
true bills are found, as in these the accused
parties have been committed after Il far more
searching judicial investigation OF the charge
preferred against them, than ever takes place
nthe grand jury room. The Intervention be-
tween the committing magistrate and the jul
ry, who are TO try the accused, of "a tribunal
which simply inquiries whether there be pri-
ma facie, that is, probable ground Of sus-
picion, against them is at best, therefore,
useless ceremony; but we shall also prove
conclusvcly that it may be rendered ser
ious evil. Accidentally it may defeat Justice
as where the witnesses against the accused
fall from some fortutous circumstance, to at
tend before the grand jury; and, desgnedly
1t may have the same effect, as where witness
ses are kept out ofthe way on purpose. There
are many other ways in which the noxious
al system may be brought into pestilent aetiv-
ity Two bills cannot be found against any
one for the same offence; and therefore, an
accomplice or friend may, in many cases, pre-
fer bin Establishment, before the grand Jury
against an ndvidualin order to prevent par
ty really aggrieved from obtaining ia. tice-
In svch case, no evidence is offered before
the petit Jury and they return verdict OF not
guilty This mode of 'cooklng' grand Jury
bills. was formerly extensively practised to
extort money from keepers of gambling hous
es, and probably is SO still.
The bill TO abolish grand juries, above re-
ferred to, is founded upon abundant evidence
of their plain evils
Mr.. Humphreys, a solicitor in extensive
criminal practice, says:
''My objections to the grand jury system
are, that al is Injurious frequently TO innocent
parties. and that IL is protection uery Of
ten TO guilty parties; and that it assists the
~~eompromise of offences which have been in
yesa-ated fully before the magistrates; for
oy nedlsso of ats secret acting, there is no OPP
portunity OF n~aWing what takes place be-
lore II, and consequently the evidence which
has been given before the magistrate may be
increased, repressed, or diminished before the
grand jury"
Mr.. Mrehouse. the assist ant Judge of the
Central Criminal Court, has tried $4,000
cases, and he says:
~ do not know one single argument in ia
vor Of the grand jury system. l should be
glad to hear any one put any question as to
anv one point in favor of rtfainino them in