The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-27
Case or llr. d. w. Clarke, he Police Magis
trnfcs
no rHs EDrros OF rns HERALD.


10 THE EpIroR OF rHE HERALD.
Err Sc Il stated In the Tribune tn Il the late
Grand Ju y, In the profundity Of Us collective Wis
dom, has thought proper to find sundry ildic:msnts
against me for misfsasAnce and for nonteasancs Of
duty
Thos indictments have not proceeded through
the regular channel provided by law for the invesa-
cation Of offences, but have been found by that ~
cret and mysterious tribunal the Grand Jury, wnsse
penetratog faculties very prone to soar into the
ideal, and to clutch steshsdows for vast Of sub
stance. From the action of this body. ministefed
with 90 sic nder share Ct discretion As II aas psen
in It's late session, might perhaps ne excused from
any attempt to vicdicae myself, but it is due fron
me to the public-a small portion of whore delegated
power have held, and which sm now about to
iesgn-to render an account Of the several matters
which the late Grand Jury, in close and secret con-
clave, have though. proper. without due invssiga-
tion, to make the subject o.indiciment.
Case Of John Kiernan. complaint against whom
! am charged with neeecsing to take. This prison.
er was brought before me about the 9th Of N0vou-
Der last The sffds vits against MIN establish no
fact, with the exception OF the allegation, that he
bad dropped heavy whip handle. Tnis casa gas
fully investigated several witnesses deposed to the
good and peacesbe character OF the prisoner. He
Was held 10 pail by me In the sum of five hundred
dclsrs, and gave recogniz snce, with surety
| which Is low on fle
larceny Of q horse-No complaint on cath Was
| made against shis prisoner. do attended volunta-
RI TO meet the charge. Tee complainant, tnou xh
| ICtfed, refused or neglected to GENE forward to
substaDtiate the charge. bad, Of course no option
hut to dismiss IT, Ny recolsction Of the nsturs or
the state nent made by the complainant IL that the
! charge q lar. eny was unbound d.
| Case Of William Poole charged with an assault
mn IN n nj mil tn
vtsipated, and he warrant issaed. the complaint
here that hose papers wee MOI sent - The oice
OF the District Attorney. Foe man. years before
became come cfed with shs poiicc Office, this dnty
| Gevolved upon the Police Clerk, who collects the
pspe and sends them TO the Office. /, therefore,
am not accountable for any omission in this case.
The dsly accommodating business OF the ped q 0hRco
haa rendered this arrangement necessary.
During tie time have served the public, IL has
been M endesvor 30 to discharge my duty - TO
protect the innocent, aud 10 render the probable
| wise IN the above cases / w1ud have been Ubnox-
ieus to the censure With which the Grand Jury have
just favored me; but admit having, during NY
.ei,a q ocs been guilty Of the offence q refusing
tain members Of the police force Tor she purpose Of
annoying ar depressing the citizen whom. It was
my duty to protect, and those gentlemen have no
douct tourd favor and Brotherhood with the lase
Grand Jury.
| In conclusion do not carceive that this action
Of the G,aEd Jury, founds rs it must be on the
most oss Misrepresentation, will tend to enhance
Its consideration the eyes Of the public or 10 dis
spste the prevalent idea that it has survived IL
usss. IL might have been expected that before
presenting these alleged grave errors in the admin
istraion OF justice, It would have carefully invest
gated facts ard sent for tne papers connected with
the cases on which they nave founded those indict
ments. The adoption OF this simple preliminary
would have saved them mp,h trouble. and would
have spared that respectable body toe ungrateful
labor Of preparing presentment 70 the Court Of
S< ssions, neither brilliant In its dicAon correct In
ite conclusions, DO. accuraye In Its facts.
| There is not on the ba Of these indictments the
name Of single witnees, connected with them
single document to enable the prosecuting officer
to proceed to trial with them; and though appli
cation, the proper tribunal would, no doubt qusah
| each Indictment, WILL nevertheless, proceed 70
meet the charges involved IN them the facts that
the public may see how have performed my duty,
and re:ogrize the malieDahcy Of those who, avail
ing themselves Of the uniu .elgent zeal of the late
Giaod July, have originated these charges. an
sir, your very obediens servant.
| DANIEL W. CLARKE,
Police Magistrate, Jefferson Market.
Dec. 20, 1854.