The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-04
Court OF General Sessions.
Before His Honor Recorder Tillou.
THE OCTOBER TERM-EMPANNELMENT OF THE GRAND
JUaY-REcoRDER's CHARGE.

Before His Honor Recorder Tllou.
THE OCTOBER rEBM-EMPAsNELxENr OF TIE GRAND
JUICY RECORDERS CHARGE.
Ocr 3-This being the first day of the October term,
the Grand Jury empanneed and the names OF the
petit jurors recorded quorum having been atlength
obtained the Clerk Mr. yandervoor then proceeded't to
swear the following persons Grand Jurors for the
present term
Edwin J. Brown foreman Henry Allen Elisha Bloomer,
Samuel F. Bartlett Samuel NJ. Blatchford. Thomas G..
caldwell, Elias Dexter PANEL B. Dack, William Forbes,
Howell Hoppock Walter lockwood James Lee Francis w.
Iarak, Adam Norv p. j. Nevns Jr., Walden Pell David
Ramsay.
His Honor the Recorder then rose and delivered his
charge to the Grand Jury, substantially folows:-
GENTLEMEN GRAND Jury = <M6
to explain to you briefly your powers and duties and to
direct your attention to such matters require it. The
powers of Grand Juries are in all important and
their duties extremely responsible Upon the exercise of
the former depend to essential degree the maine
nance and majesty Of the lawthe happiness the health
the comfort and the security of society and depend,
also the destiny of those who may be accused before
them and often too of many of those related them
Wherefore the extreme necessity of and wisdom of
mparality and fearessness, of correct judgment and
right sense of duty in their official proceedings In
Of its population and their connections the multitude
Of strangers within its limits and the large numbers
coming to and going from it, the extraordinary variety of
the people there abiding, in character. condition. habits
education and pursuits; in business, occupation
ments and pleasure; the almost universal activity in
merce and its wealth, its luxuries and resources
from its peculiar position the great breakwater
for the outpourings Of the Old World, of all classes
Of persons, the exes and unfortunate we'll az
the prosperous the low well the high
the helpless and the destitute well the useful and
the well provided-from these circumstances it Is to be
expected that depraDity, vice, and crime in in
creased and proportonate degree will also be here aud
that the duties of the Grand Jures of this county neces
sarily must be- they peculiarly 1t Is
industry patience and Of duty reliance must
be placed for the performance of task In general
fan op.sro into
indict for all public offences acts tending them in
Guiding all the various classes of crimes including land
by the statute laws of the State to these the Court is
directed specially to charge you do the duty of in
quiring into any violation of the election laws of the
laws Of the violation Of the laws by public officers
in demanding charging receiving fees to which they
not legally entitled and of the laws against lotteries
As to the violations of the laws against lotteries have
on previous occasions especially asked the attention Of
Grand Jures to this class of evils. Because both the
statutes and the constitution of the State emphatic
in their denuncaon of this vice. and because of the bold
and systematic indulgence in it yet practsed notwh
standing. ] call your attention also, to this, and
the insurance of lottery tickets This latter evil
be said to be coextensive with the CITY, for in
nearly every street is the offence daily perpetraed It is
the Of much additional and other crime and the
Of much wide spread misery among the humble
classes any vice in existence The other offences above
mentioned, to which attention by the statutes Is
directed to be called each and every Of them grave
and important, and your particular attention to them
is requested. former Grand Jury from want Of suf
cent time not being able to investigate the subject of
tenant houses suggested the proprety of bringing il be-
fore subsequent Grand Jures therefore ask your at
tention TO this evil II is evidently increasing and un-
less prompt and timely be taken punish in
every instance herein Of criminal violation of the law it
will acquire power difficult to The previous
Grand Jury, with commendabe energy presented in the
cases brought before them, and to extraordinary
ber the violation Of the law in selling LIQUOR without
license The confession of most of the parties indicted
proves the great extent of the evil and truly
for its consequences They recommend the subject
to the attention of succeeding Grand Jures Your aid
enforcing the laws herein, is therefore, invoked There
are many other topics to which your attention may
justly be invited They include all violations Of law in
the arrangement and employment of all buildings for the
accommodation Of large numbers of people, in the
locomotives within the county: the driving Of cattle
through the streets and the wful violations
Of duties by public officers The Court is directed BY law
TO charge you not TO disclose the fact of Indictment
being found for felony against persons not in actual
fnement until on such indictment he shall have been
rested and violation Of this charge Is misdemeanor
II is in all besndeed it Is right and ustt-hat
your proceedings be not disclosed except to the function
aries appointed by law to receive your
II Is frequent custom for Grand Jures make general
presentmcnts at the close Of their term This should only
be done with care and crcumspection. Facts, only
amounting 10 precise public evils Offences should be
stated; allegations Of belief and ndiscrminate
charges against whole municipality community
should if possible be avoided Injustice and public in
jury otherwise flow from this the character repu
taon Of whole city may thus be wrongfuliy and deep
~ stained In these presentations of a general ma
ture. the names of persons implicated, and the
testimony taken should not be inserted unless upon very
strong and fully iusabe cause; for If individuals
to De 80 held up without the opportunity of trial repa
rable injury must result TO them, and without redress
The rules which govern magistrates in the discreet
exercise Of their powers in preliminary examinations
should govern grand uries in their proceedings the pub
location of such testimony destroy the reputation Of
innocent persons and may, in OF guilt enable
culprts escape and thus defeat the ends Of Justice
In these general presenmens it is dangerous the secu
rity and happiness Of the citizen and Of society per
init any impeachment, whether direct or BY Implication
TO be included II facts sufficient 10 establish offence
be demonstrated by competent proof let the accusation
in the form prescribed by Law, that is 70 say by lawful
Indictment be found that the accused party may have
opportunity 10 defend himself and society be protect
ed For the purpose o Indictment earnest should
be made to obtain the proof you should have reasonable
doubts give the accused the benefit OF them In all
you bound to extreme care to examine and cons
der without prejudice repossesson fear favor
member in every the Importance Of your action,
You are not TO forget that minor as well as
high crimes deserve full and grave consideration,
for The finding emission To fnd indict-
ment may serious injury The calendar contains
Of murder nine Of burglary twenty Of grand
larceny six Of robbery two Of mansaughe FIVE Of at
tempt to kill four Of forgery four of Abandonment Of
infanticde Of attempt at rape and Of embezze
ment. In indictment be found unless
twelve votes in the affirmative In all where
you require counsel advice you to apply to the Dis
trct Attorney, your lawful adviser.
The Court then adjourned for the day in consequence
Of meeting Of the Bar taking place that day, to adopt
certain with respect TO the decease Of the late
Chief Justice Jones