Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-03-07
INDIANAPOLIS. MARCH =. 1850.
CONSTITUTIONAL REFORM.
The Grand Jury system.

among lawyers and other intelligent gentlemen of this
city, but hear of formidable objection to it,
We observed short time since, that the New Orleans
True Delta had taken hold of the subject with
strong hand. being stimulated do so. by the action
of the Grand Jury, in the of the Spanish Consul
for the abduction of Rey, and in which the Jury ig
nored bill Of indictment in the face of almost posi-
tive proof of guilt.
We consider apology due to readers, (says
the True Dea,) with recent events still fresh before
them, for publishing the annexed extracts from Eng
lish journals the peruicous influences frequently
brought bear upon grand uries aud the absence in
the present state of the laws of that country and
own, Of all necessity for their continuance.
IF there be element of justice that appeals
strongly than another to liberty loving people, it is
Its open proceedings. Wherever there is secrecy,
there is dishonesty time another, and it
quires wiclcraft to forete the quarter likely to be
benefited in such contingency. That Inconvenience
may not by possibility arise from publication of les-
timonY in preliminary Investigations in a centu-
ry, perhaps, will not contend; but so, the
benefits derived by the public during the remainder Of
the period, will than counterbalance the
nial rregularity alteration, if it should occur.
If criminals, whose guilt is as clear the in
the heavens, strangIe investigation in a not
accessible to public scrutiny, poison justice at the
fountain head, the laws farce, and the equality
of the citizens before them, dclusion and mock.
We copy the following article and the extracts it
contains from the Worcester (Engand) Herald
THE GRAND jury SYsTEM.-The experiment of
dispensing with the ceremony of a Grand Jury, in
the administration Of justice, is about to be made by
of act now passing through its last stages
the last Parliament, which abolIshes that tribunal
in the metropolitan districts, including, of course the
Central Criminal Court
We have called the grand jury a ceremony, because
when it does mschieft it is so, and nothing more
but it may become, either accidentally designedly.
exceedingly mischeyous. For example, 1t is a cere-
pony in ninety-nine out of hundred, where
true bills found in these the accused parties
have been committed after far rchiDg Judi
ca investigation of the charge preferred against them
than takes place in the grand jury room. The
Intervention between the committing gstrate aud
the jury, who try the accused, of tribunal,
which simply inquiries whether there be prln11 facie,
that is probable ground of suspicion, aga inst them.
Is at best therefore. useless ceremony but shall
also prove conclusivey that may be rendered
rious evil. Accidentally it may defeat Justice, as
where the witnesses against the accused fail, ffum
some fortutous circumstance, to attend before the
grand jury; and, desgnedly, it may have the same
effect. as where witnesses kept out of the way
purpose. There are many other ways in which the
noxous capabilities of this weed Of ancient judi
cial system may be brought into pesient activity
Two bills cannot be found against any one for the
the same offence; and therefore, accOmplice or
friend may in many cases, prefer bill of indictment,
before the grand jury. against an individual in order
prevent party really aggrieved from Obtaining JUS
tce In such case evidence Is offered before the
petit jury, and they return a verdict of not guilty.
This mode of cooking" grand jury bills, was for
merly extensively practised 20 extort money from
keepers of gambling houses, and probably is still
e
is founded upon abundant evidence of their plain evils
MIR. Humhreys, solicitor in extensive criminal
practice, says;
my objections to the grand jury system are. thai
ii Injurious frequently to innocent parties, and thai
a. protection uery often to guilty parties and tha
ii assists the compromise of offences which have been
investigated fully before the magistrates; for bs
of its secret acting, there is opportunity o
knowing what takes place before it, and consequently
he evidence which has been given before the magis
trate may be increased, repressed, diminished be-
fore the grand jury.
Mr. Mrehouse. the assistant Judge of the Contra
Criminal Court, has tried $4,000 cases. and he says
al do not know one single argument in favor o.
the grand jury system. should be glad TO hear any
one put aaT question any point in favor o
retaining them in the Central Criminal Court, / new
er heard one argument in favor of it, that has beer
conclusive in my mind"
The press is nearly unanimous in condemning
grand juries. The Times, for example, says:
'sThe grand jury is a relic of another condition o
society of method of administering justice en-
tirely reformed Whatever originally valuable
in such jurisdiction he's passed into other hands
and is exercised in a manner far more conducive Il
the general advantage. The police magistrate, who
conducts his inquiry with open doors who confront:
the witnesses with the acused; who admits the lega
advisers Of the supposed criminal to his court and
permits them TO argue against the proprlety OF his
commial, either on grounds VI law or fact; and who
above all, must exercise his solemn and important
functions without forgetting the reporters In his court
and the great body of the nation out of doors, whom
they represent such officer. we say, exercising
his Jurisdiction in such manner. offers far more val
liable guarantees TO the public than any mystical ri
bunal such as the grand jury, whose proceedings arr
the very of what hav Just described. Th
natural results follow from the existence of such
abnormal jurisdiction in the modern system of admin
isterng criminal justice. Is it determined to extor
money from persons moving in respectable spher
of society," and who would rather suffer any pecunar
sacrifice than have their names brought before lh
public in connection with odious charge! the ex
tortioner prefers a'bI Of indictment before the gran
jury Against the innocent it remains terrible in
strument Of oppression Is II the object of expe
rienced thief TO get off after conmta Iii to ih
grand Jury he looks bis sheet anchor. Il consider
said Mr. Mirehouse, who has filed the Office Of com
mon sergeant Of tie city Of London for the last ee
or sixteen years, that thief has about twelve 0
fourteen chances TO get of, and that (he grand jury
IS the first and great chance. Generally, man Of tn
swel-s,ob has plenty of money, or he is connecte
with those who have. Then he buys off the witnesses
and gets them to stay away. and not to go before ib
grand Jury These the two main and ieadin
reasons for the abolition Of the system, inasmush .
they point 10 the great evils which cannot be ere
to disgrace modern system Of Jurisprudence wine
they have been once pointed ont.
Il is well urged by the Essex Herald: