The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-02

Before bis Honor Recorder Ttlleu.

CouSs OF General SESSIONS.
Before his Honor Recorder Tulsu.
August This being the irst day Of the August
term the court net ~ the usus hour, for the trans
action Of public business. The greater part Of the
day However, was spent in empanntlling the grand
and petit jurors.
After some delay quorum was at length obtained
snd the following gentlemen were sworn as grand
jurors for the city and county Of New York. fer the
August tenn
Wilron Small foreman; Solomon Banta, Benjamin
BsIef, J,hn Bernard Cranberry, George Forester,
Michael McK.on, James Nash, James II Perkins,
whitman Philips, Charles R0ane, Patrick Tracy,
Daniel A. Lcoker, John r. Ware, Augustus b.
Wood John Wright, Oliver B. Woodiord, Dennis
Mccarthy
Tie Recorder then proceeded to deliver the fol-
lowing
CHARGE TO THE JURY.
As now convened, you are recognized by the COR
stitutrn and aws as an institution essential in the
adminiitraton Of the criminal jurisprudence OF this
State, Ne to crsnes committed III this county. The
powers ard duties assigned to you have been SO
long EXP ererced and so well known. that, chosen as
yor ART. nom the body Of the people, for good in
telheence, you are doubtless sufficiently acquainted
with item. In general you are to enquire into and
NJ on competent proof made before you, you are to
noict tor all acts known To the laws as crnes that
Is to ray, all Offences Of public nature, or acts
tending TO them. And the court by direction Of the
statute laws. specially charges you to enquire into
any violation Of The election laws, Of the usury
officers, in demanding, charging of receiving
fees to which they are not lawfully entitled,
and OF the laws against lotteries Upon the
partial fair, aid fearless performance Of your
pery aud safety of the community; for the best laws
OF little avail unless maintained In their integrity
unless entrgetically, justly aud properly enforced.
have, heretofore, solicited the attention of Grand
I.,r,o tL lrxxn~ 4
consequences have become SO wide spread, and the
miseries which they cause so intense that cannot
with propriety let this opportunity pass without
calling your attention to them. The sense of the
people at large, and that Of the Legislature this
subject, is explicitly manifested, not only by the
statutes but by the Constitution in prohibition of
tie evil; and the penal epactments and the statutory
nechcns ab.ve.mentioned, spring from sad
experience of the baneu effects of these seductive
Institutions Yet in the face of the laws emphati
csllp supported by public sentiment, it would seem
that the lottery agents of another State have issued
their circulars by means of the Post Office as well as
otherwise to the people OF this community and OF every
class and employed extraordinary and skifIl efforts
to aid and il is said with excessive success to estab-
lii and continue here this prohibited vice. request
also your inquiry into all violations of law In refer
eDee TO the condition and arrangement Of all build
ines for the accommodation Of large assemblage Of
people, and to that class of houses known az tenant
houses-designed for the residence of an extraordi-
nary number OF families. As to the latter it Ia said
passage ways, and proper accommodations, and the
great number of persons closely crowded together
frCm the natural accumulation of garbage and
other ofial and fnrerfuous matter and the want Of
sufhcient ventilation, danger of health is not only
caused to the tenants but to the neighborhoood and
that in cases Of fire, sufficient avenues Of escape
not provided
1t is at this season Of the year appropriate to ask
your earnest attention to all OF violation of the
laws in reference to the public health. It is sea-
son when cleanliness and freedom from filth and
from all accumulated substances which tend 10 en-
danger public health, are specially important and
when the enforcement Of the laws the subject is
emphaically required In performing this duty it
may be necessary to examine into the condition OF
the public streets, sewers and kennels, and of the
public market places, wharves piers, and prisons
AS TO the various other sui jects to which your st.
tcnten will be desired, and as respects the nature
and various degrees Of crimes, and the laws and
the principles applicable to them, you win have
the aid and advice Of your lawful adviser, the Dis
whenever you deem it necessary.
The Couit, by law, is required to charge you not
TO disclose the fact OF an Indictment being found for
felony against persons not actually in confinement,
until on such Indictment they all have been arrested
violation Ut this provision Is O misdeme2nor
In each and every case brought before you, the
proof to warrant an Indictment should become
petent and sufficient to convict. Earnest endeayors
should be made to obtain the proof and IL you should
have reasonable doubts give the accused the benefit
OF them. II you are not satisfied with the proof you
may Inquire further. You are TO employ in ell cases
rigid care and attention to examine and consider the
proof in each case, without prejudice, prepoesession,
lear or favor tt with circQpspectioh and unbiased
lung nent, opo with cl6H understanding, with an in
'ept and correct sense OF your duty TO indct is
a high act
Calelessness in the performance OF this duty msy
lead TO iIremediable injury. The accused, if I'm.
rightly indicted receives an injustice hard to be
cope-if wrongfnly discharged the public receives
an IjuTy difficult TO estimate. Equal care should
No. 1g ~ y,atr u-nl hncn nfo hIrhn
off nee. As to the former, on one hand, reputation
as well &c other consequences are involved, and on
the ether consequences to the public OF positive i'm
poiiance. Inferior crimes are the most numerous,
and when committed with impunty, lead to the
commission OF those more grave. Depravty and its
consequences are not generally acquired or estab-
Ished suddenly. 1t is by progressive association
with tie vicious that vice becomes familiar and by
the successful continuance in vice, and the CON-
mission in safety Of succession of inferior crimes,
that the cuprit becomes hardened, and prepared to
perpetrate those OF more heniOus character; that
he loses sense Of remorse and of danger and be-
comes the confirmed felon. In both aspects it is
important that great should be observed in the
examination and consideration Of inferior well as
OF other crimes In finding bill, in all cases, at
least twelve votes are necessary. With these re-
marks, gentlemen, the business of the term is
mite 10 your charge.
The calendar for this term is large one, and
comprises, am sorry to say, crimes Of very serious
ard grave nature such as murder and burglary.
The following is list Of the prisoners remaining IN
the city prison, as returned by Mr. Edmonds, the
keeper Of the city prison -
MURDER OBSERVATION-DISCLOSURES.
Aanslaughter Observation-Disclosures. 2
Assault with intent to kill. Observation-Disclosures. IL
Robbery. Observation-Disclosures. .............. z
Arson Observation-Disclosures. 2
burglary ........... ............... y
Grand larceny. NEUTRALITY-SUSPICIOUS.. 81
Receiving stolen goods Observation-Disclosures. l
raise pietences. ......,......... z
MisGeheehor ..''''''..''''' 80 ''...''.''.''.' Z