The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-08
Court - General osssAsas. -
Before noa. r. r. THOU, Recorder, and AAer1en nAr
and Tweed.

AND INTERESTING CHARGE or rnE ooCKr on rHt
CHARGES AGAINST THE CITY GovEKSxESr-rHE
BROADWAY POST OFFICE AFrAIR-PosrPoSExESr
OF THE DOTY CASE, ETC.
Fn THE court was organized this morning BY he
above named members and the folio~ing eighteen
uemen having answered to their names, sworn in
Henry Erben, (foreman) Theodore Banks. william $
Conely, John Denhsm, James Flynn. John NJ. Grnths
Preston Hitchcock, William y. Kennedy Theodore Mar
Jr Thomas Riley, John Reynolds, Albert ". smith Ia
win Smith, NJ. H. Undcrhill, and Horatio N. Wild.
not esed the usual proportion q Prison case. eonae
ing the lapse of time since the last termhe total
Of these there are three Of homicide Zone tina, Of Par
Fitzgerald, charged with shooting his wife, and the
other two supposed cases Of infanticde assault with in
tent kill, fve to which may be added two indicted 81
the last term robbery, seven; burglary, eight grand
larceny and attempt TO commit the same, twenth nine;
fake pretences, seven; reduction one-total sixty.
His Honor the Recorder, delivered q charge 10 the
Grard jury of which the following is full abstract
CHARGE OF CoURT-GAMBIISG, Prostitution AND
prrsKIyyrs-TnE LICENSING SYSTEM AND Irs AnuSKs-
EXCISE OFFIcERs-RowDyisM AND AssAuLTsTHE BROADWAY
Post OFFICE AFFAm-THE CHARGES AGAINST tbs COMMON
NEUTRALITY-SUSPICIOUS. or THEATRES OTHER BcnD-
NGS-MocK AUCTIONS, &c-Prefacng his more special re-
marks with some general ones as 70 ,he duties o. orana
edately brought before them for action his Honor in
struced them that for information in relation to them
the law which applied to them and the principles which
must govern them in their proceedings as well ~ Tor
such counsel from time to time they might require
Attorney by law their legal adviser whose counsel
and professional experience they might rely After point
or misdemeanors, and Furnishing the culprt, his Honor
continued-igh crimes in general are not committed
by novces in wrong TO depraye the nlna-ao corrupt
acts of atrocious crimnalty training in wckedness-
experience in vcea connuedimpunty in the commits
sion Of inferior crimes usually requisite The arrest and
salutary punishment for the first offence might in many
the offender from ultimate depravty and ruin
the omission might make sure his final destruction
Whether not the duty of the Grand Jury
imperative The examination to such crimes must
those as to other offences The hws enjoned the Court
to charge them particularly to inquire into all violations
OF the election laws the usu laws and OF those against
that inquiry made vigantly and seriously He
had frequently before directed the attention Of grand u
and he perevered in doing so, in the hope
that efcieut action might be had in them, since they
not only offences in themselves but positive causes
OF many other offences OF an grades anu IN ccnnecton
with these offences, he asked their attention also to those
MSo aMs Il was true that
grand juries in many could only deal with effects,
and not the causes and that too often the wa
brought to trial and punishment But the last men
toned offenders might be reached, and he solicited ear
nest attentan to them.
With reference to the licensing system, his Honor
made the following remarks The intent Of the license is
that the power of dispensing that which good men
gard as dangerous, in feeble or bad hands, may be
placed with the worthy and discreet The injudicious
use of any liquor is injurious and banefu The of
excise officers to grant the licenses because 1t is be-
heyed they will grant them only to those who will the
privilege properly Ascertain, them by careful exam
nation the laws herein have been violated and if such
violation be made manifest by due proof then for each
It was with regret he found waiting for their action
three cases Of homicide, and seven Of assault and
battery with intent to kill besides other different offences
The large number of personal aggressons of this class
recently committed, many of wanton character and
ss.a TOO ws the
deadly Weapons added to the dangerous Of
these conflicts In this connection, continued he, Il men
tcn that information has been given Of the commits
SIGN of wrong by violence, in taking forciby, and
they had been delivered far distribution, q large
number of sealed letters, and carrying them away
peient proof You shall be satisfied that an offence
avid,als who committed IL It your duty to ndict for
The charges -hch have been openly made of late to the
dsTaragement of many Of the late and present public
officers Of this city and county render it necessary that
this branch Of your duty be vigorously performed Pub
tyr public officers chosen from confidence in their in
est and capacity and with the understanding not only
but that ey have, at least reasonable and sufficient
knowledge Of their duties When they accept Office they
S that they sfs ss hs as wen as
form truly to the beat of their ability. They raty this
contract BY their oa Their usefulness depends not
their being above and hYond suspicion and that they
possess the confidence and respect Of the people. IT.
lose the respect and confidence Of the public it is mis-
fortune If they so unwsely and imprudently conduct
the matters entrusted to them to 1--WE even plausible
grounds for suspicion doubt compliant it is misfor
tune. accusations Of wrong if vioationaof duty any
justice to them and the public demands that a,proprate
investigation be made; and if these accusations n effect
amount to the charge Of public offence it duty
to investigate them In addition to the law generally on
this subject, particularly refer you to the 25th section
of the Act Of April lsl6 amending the city charter
to other parts of that Act. The allegations which in
various channels, have recently been made by the daily
papers and otherwise and laden the public mind evi
IDENTIFY is With excitement anxiety, and Dissatisfaction
permit the charges that have been made to pass in
silence would be cupabe negligence on the part of the
authorities With all the blessings enjoyed by this city,
and the comforts OF its community, what must be its
condition if its public officers stained with reproach,
if its administration is deficient that the charge Of
yena poison existing any its bran ches is allowed to
abide without examnationS In such case, of what
value is its outward prosperity without good for
those who its admnisratorss invoke your earnest
examination of these matters II is painful to discover
that the necessity exists but the duty must be performed
faithfully and feaessy If fair examination, it is
plainly proven that offence herein has been committed
you are bound to ndct If, the contrary it shall ap
pear that no offence has been committed the innocence
OF the persons who may be implicated in these charges
should be manifested.
In abiding their duty with respect to public build
ings, his Honor particularly recommended them to
inc TO the various thea of the city The inHamma
Die nature Of large portion Of their internal materials
and The crowds that frequent them rendered it import
ant that convenient and sufficient avenues for the
delverance othe audience portion Of their arrange
ments After further remarks chiefly TO the le
gal rules which should guide them in the details of the
duties TO be performed he referred to the evil Of mock
auctions and particularly charged that though the ope
raons so adroy performed that it was sometimes
difficult to reach them by law yet that in all where
the conspiracy to cheat shown, they should ndct.
He alo that for the despatch of business
they hold afternoon sessions and with these remarks
submitted the business Of the term to their
The Boty Perjury Case-This cause was, as before |
stated set down for this morning ucsday) but it was,
by mutual consent postponed till next Monday; when 1t
Is to be peremptorily called for trial
number Of bail cases next called up, and va
rous days appointed for hearing them and the Assistant
lnstrlct Attorney having announced that there