The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-10-16

their natural faculties and not inarm or decrepid. s.
Free from all legal exceptions OF fair character Of APP
proved integrity of sound judgment and wellinformed"
All these qualifications it will be seen are placed upon
the same footing Such persons, and such only" as
fore, they conditions precedent aad defect In
particular fatal defect in any other particular mus.
be equally fatal And the result is this contraction
that in every case an indictment if the acused even
after the Gsud Jury have gone through their abors and
been discharged can discover single Grand Juror whose
one whose property fell short dollar in the pre-
scrbed amount, or who was deficient (and what man Is
not in single natural faculty or in the slightest de-
gree infrm Of body mind judgment information he
has only to plead such dsiect-and in almost any
such peas-to prevent the possibility Of the public
prosecutor ever bringing the main issue to trial Blu.
win II % to-
qualified grand jury to be secured The answer Is by
providing first as the law does for the appointment OF
officer to act Commissioner of Jurors whose sworn
and sole duty II is carefully and deliberately to make out
the general list Of call persons residing in the city who
any of the laws OF this State" Secondly by organizing
board of six members composed in part OF the highest
once in every year to examine carefully the general iss
and, according to their best information" 70 select
than one thousand inellgent citizens of good cha
racter, and possessed OF the qualifications by law
t n Of issues Of fact and not exempsd from
serving such jurors (see laws Of 1853 p 95 thirdly
BY requiring that the special List thus carefully and
persons chosen but heir respective places OF resi-
dence and their several occupations shall be signed by
the officers composing the board and certified by thei
clerk and fled in the Office of the clerk of the county for
the inspection Of any and every who wish to
test its correctness fourthly by providing that the
paratvely small number, not exceeding zone thousand
thus selected out OF population little short Of seven
only, (their names having first been written
ballots S and deposited ted, in bo1) shall be drawn
OF the court in the presence of certain officers of whom
judge shall always be one and of such citizens may
IN atta, g., -
pose panel Of hirtysx names to besummoned by the
Sheriff grand jurors to attend such court fthly by
teby siited, shall be subjected again oanother baiong
in open court reducing its dimensions below twenty four
and possibly events sixteen Lastly after al this BY al
Cyl the privilege OF challenging if done before the juror
is sworn, as some suppose. The qualifications OF the
PAL icuar grand jury having been thus scrutinzed
and passed upon, ard each member ha ving been
solemny sworn and admitted the question Of competency
should it would seem be deemed res Judicial The very
exceptions, already referred to- and which the iegTs
ture has expressly allowed 60 to fsr'y such concia
ecled to On The ground that he IS himself the prcsecno
or that he is witness subpTnaed fer the prosecutor
n namely where t the juror objected TO- Is the or
lepge it is fur her declared to the array fgrand jurors
or to any person summoned to serve as grand juror
above specGed.'' And even these two specified
objections, cagent they are must to be available,
grand juror after he is sworn cannot matter right
be set aside even these strong and exceptional grounds
comparatively little importances And if he cannot on
any ground be objected to after he has been how
a he be ssssd after he has not only been
dischargedY And with such ample preliminary precau |
tons statutes provide wha. injustice Is there
in excluding such plea An indictment although pre-
sented by Grand jury is not verdict; it determines
nothing finally to the guilt innocence Of the
cused it is mere accuse .on fortified as to its proba.
biiy by the belief of twelve men, and presented
for tal by another tribunal, to whom belongs the |
determination Of the defendants guilt innocence.
n iuru In has han 1I
fate Of the accused is placed objection that Of
their number deficient in the qualification Of resi-
would not be listened to after verdict although the
cused had previous knowledge Of tho defect and could
technical challenge IT, them the objection be inadmissble
as against verdict, what consistency would there be
allowing it as against an Indictment? During the anti
masonic excitement, some iye-andwenty years ago,
person Of the name OF Jewett (see Wendeps Reports
Ss6) was indicted on charge Of conspiring to bring
about the Morgan abduction. He FIRST as was done
motion ion having been denied he pleaded as
after elaborate argument and full consideration OF the
aordng sufficient ground even if true in fact for setting
aside the Indictment and the defendant accordingly
OF this STATE similar be aienism Of one of the
grand urors) was presented to the Supreme Court Of
and without any knowledge seemingly Of the |
New York decision arrived at the same re-
Reports lCol Every reasonable opportunity consistent
iy with the practicable despatch Of judicial bust
the Grand jury before an indictment has been found
Even after the list has been twice formally passed upon
Board sf judges, and made matter Of may.
in the exercise Of proper judicial discretion he still
fa, ass sied lne principle" says Chief Justice
all who have treated Of the subject that is the duty Of
the courtto which The panel is returned-if informed
Of any legal objection !, person about TO be sworn on
the Grand jury To exclude him. also II Is the acknow
lodged privilege of all persons prescnt-of those anci
rating prosecutions others-as the friends Of the
Court point out the objection and the exclusion
OF the juror" But after indictment found he consider
ed it, he said settled rule law and obvious die late
Of sound policy that the tight to except TO the personal
qualifications Of the members selected. summoned aud
on he Grana jury was ana should pc At an end
they undoubtedly impose the officers entrusted with
their execution binding obligation to exercise the most
scrupulous care and vgianceare STILL as already sng-
gested, merely directory literal compliance with the
rules prescribed in every particular however minute
the Grand Jury act of 1858 is in precise accordance
with this view. The persons selected i says, "Shah
be- far the said Board the Board of Judges may be
informed possessed of the by law rcquired
that demonstrating that nialbility even in Board
Of Chief Justices, was neither demanded nor expected
As to the particular defect alleged in this case h be-
Sides of character purely technical For the bribery
act with the violation of which the defendant is charged
ons may be indicted and even tried and convicted no.
only in the same but in adjoining county to that In
which the offence shall have been committed valid
Indictment therefore under this law might have been
found by gand jury whose members, not one, but all
resided as Mr. Carter did, Flushing. In addition to
these considerations the policy Of the law may be OBJ
served Is not to encourage sdlatory pleas The name
which the law gives them indicates the light in which 1t
regards them. Their tendency II presupposes and
times their intent, is to embarrass the course Of JUS
tice: They can seldom DO necessary to sustain 9
good defence and should not be permitted to aid bad
The plea in he present case, is not only datoy
plea, but II seeks in effect as matter of right to cha
affecting his imrartiay, after he has been twice regp
larry selected and twice regularly drawn and after he
has entered upon and actually discharged his functions
proceeding, have expressly forbidden, as
well principle by the statute, and which, II
allowed would render the trial Of criminal indic
ments, in cases Of actual guilt almost mprncticable
Although, therefore, matter Of fact be true that
of the grand jurors resided In adjoining county yet
AZ matter of law, the found IL sufficient
to warrant the court in granting the prayer with which
the DEFENDANTS plea concludes to quash the Indictment
and accordingly order he entered in the
tablshed practice in such cases directing the defendant
h. IN