The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-02-06
Court or General Sessions.

UecihOn reserved.
Court or General Sessions.
JUDGE STUART's CHARGE TO TIE GRAND JURY.
FEB. 5.-At the opening OF the court this morning, the
following gentlemen were sworn IN as grand Jurors -
James Hs per, Forem In.
Thomas NJ. Adrilnee, Charles Foster,
James Alexander, James Hunter,
Louis Anrich, Benjamin II Lee,
Theodore Beach, Villa Al p. Miller,
John G. Chamberlain, James Marsh,
Mach Cornell, Edward Nels IN,
Edmund N. Young.
Judge ssuort then proceeded to charge the Grand
Jury. He said Gentlemen OF the Grand Jury-The
oath Just administered by the Clerk Of this Court, while
il qualifcs you for the discharge Of high and important
public trusts, also declares in simple but exact terms the
duties you have sworn to perform. No charge by any
Court can be more instructive, complete, or comrrehen-
sive of your general powers as grand jurors, and Of the
common duties incumbent upon you, than 10 expressed
and prescribed by The direct and forcibls lang dage that
compcses your oath o. Office and of duty. Your action,
gentlemen, touehing those of whom crime may be i'm
putea, viii be Of tne most important and solemn concern
to the public The execution OF the n VS. for the prestr.
vation Of pablo order, the protection Of property and
person, and tho security OF human life, %depenls, in a
great degree, upon the faithful manner and fearless in
tegrlty with which you shall present offenders. An
escape Of tho guilty Is an Injury 70 the icno cent n,t
only, but, If AZ the hsnds Of those having se power
and proof necessary to his indtctu emit or conviction, is
an offence against the State. IL will DE your care, gen
tlemen, to investigate thoroughly each and every
juror for himself, under tina Law and upon the proof in
the ease, the guilt or innocsnc, OF every person who may
be charged or suspected Of crime at y.ur bar. Bat o.
this, gentlemen, ] ask 20 ar special observance do no.
indict or percent any one, citizen or stranger-whether
Of good reputation or in-unless his guilt, upon TIE r.
pGrte testimony before you, IL SO manifest "a tint, IL
Upon a trial jury, you would, upon the same eviGcnce,
without relief or counter proof, convict him Of The Of
fence charged. This, however at valance ',.h instruc-
tons usually given to grad juries by Judges OF criminal
courts, 70, ] confidently submit, not only q sounl
ann 'mpo Ssarss' to SO .nas .'r q s'p pSsiIo pi iassiss, ea nee S'i Il ~dn
greatly eouduce 70 q 1rm, certain, and uniform
practice in the administration Ct the GRIM nal
law; and, more than all, it is se'css for the citizen,
US IL is protective OF his rights, character aud liberty.
The adm.nisti ation Of the duties Of your Office, gentle.
men, though OF the highest possible concern to TIE
public, and ofdeepess interest to hose whose acts bscoms
The subject OF your Investigation, Is, withal, PERFORM!
in ~s,cr,t-an element in an institution for public jus.
tics mere in ccnsonance with The spirit * the age
and government in which ~ lad its origin than Ia mar
nsny With The sentiment and policy OF our time aui
ptople. Neither the public, 10 whose ma ne aud for whose
teneGt criminal accusations are made, nor the accused,
for the determination OF whose guilt or inno:snce you
are convened Is permitted TO hear or see aught You say
or DO. Not only are you guarded in secresy by the ,fi-
GERS Of law and the recesses of your chamber, made in
silence In respect to the transactions Of your boly-pro.
~ceedinss that lie at the very base of the public justice
and liberty Of your fellow-cit:sens on the other; aithIs
got only; bat, acting within the pale Of your Office, you
are not accountable for the wroas you may commit TO-
wards The people nor the injury you may iuaict uyon tine
citizen, to any human Law or earthly tribunal. The
oath you have taken reia.es your &C accountability for a
wise and jutt discharge OF your duties alone to your
God. BY this, gentlemen, you VIII see that all on the
part Of public jus.ice is entrusted to your fealty TO pub
Tic good, and all on tho part OF the individual citizen
charged with crime to your fidelity to citizens rights;
If innocent, to the protection Of his Innocence, AMI, If
phinei Of. Your Office, gentlemen is one Of great res.
possibility and equal delicacy. You are licensed t. in
quire fully into every case that Games to you for
consideration, TO examine thoroughly every winess, es-
only What he would willingly tisciose, but ali he knows
1.tsw 90 ~. 80 IS mI.,A L. -aa1l ~a4.f rA ,r
there is any personal 10 terest o. private malice, or any
motive or o5jec. other than the ends of public justice TO
ment and If SO, let your caution be equal with his
purpose, lest by possibility the fair fame sui we'll
s sreatb. ana sis ehrsete = for 9r1 a,tsr : l,s ~,i orsi,ep ro ny !
ed by an indictment without remedy or relief.
have said this much, gentlemen, with reference
mostly TO such matters and cases as have their origin
for criminal prosecution upon &c pdrie testimony alone
with the grant jury, with no previous inquiry in the
presence OF the accused, before any o. the CRIMINAL ma
gistrates Of the city. A largo amount o. your labor,
however, win be conined TO the criminal accu ,at;9ns
given TO your charge by the district attorney from Tie
several pol &C courts. These cases, as q general thing,
VIII evince an investigation by the police Just ,es suni-
sientl, thorough, in some instances, TO establish abso
!ute gull; and L others, a belief OF probable guilt. You
may presume upon the judgment OF these magistrates as
sgainst the inpocence Of the accused, but 10 no case to
nation Of the same witnesses already inquired Of AZ the
police court5. Let the order OF yo1. busi1ess, gentls-
men, be The disposition, first. OF all cases whe.e The ac.
eu'cd parties are in actual confinement, follow M with
those where toe defendants are upon bail, AMI af:.r.
WARDS snch matters and tninrs as time will allow aui
the public interest Gem ,nds. Touching malfcasance in
putlc Office, ~ is your privilsgs not only, bat you. dnty.
10 institute an examination into any allegei misbcha'
vior OF those In public trust. higa places and portan.
positions OF honor and povar In Office must BE- no bar O.
as fearless and faithful az i-quiry into the malpractiees
Of the Office as though the complaint was asaiIs; the
loves. and most unimportant puolic servant ia III. cty.
and while II l. your duty 10 present all offences Of com.
mishion perpetratsd, and all offences of omission prac.
tied 10 public ONCE, without fear, favor OF ~p,rialiiy, Il
Is equally certain tba you ought not, at the conclusion
Of your term of service, MAKE a general and sweeping
pr,sentment oil misbehavlor In the ADMINISTRATION Of tbs
duties OF some particular dep irtment Of the city gov.
eminent, criminative allie OF Tie fatf fll and uarai,h-
fui onicsr-chargng no particular one with a specid.
offence, nor excepting any from implied accusation.
Such q course impairs the &C ntdenoe or the public in all
those IN public place, and deeply wrongs may among
those ir Office who are as honest and % equal integrity
with the best of any class Of tkeie fe iow citizenR.
No, gentlemen, the right way Is 70 rsescn; par.
ticslsr offences in their truc character, aud par.
teular offenders by their true names, tina. thu
wrong may De r me1ied and the wrongdocrs punishea,
IL Is OF pablo report, gentlemen, that there has OF
late been a humber OF criminal offences, mostly OF the
character OF entertainments, perpetrated upon seyera'
OF the corporate and monetary Institutions o. the city
by their offers and agents, OF which, u true, but a
comparatively small number have been brought within
the cogDizance Of the law. IL the cause OF this has been
a desire 10 conceal or compound these offences, condtt %.
ed upon the return OF the stolen properly. | will, for your
information and the advice OF paraes 20 such tran tac.
lions, read a statute OF criminal Law touching this SUI.
ject, 10 the end that presidents aud directors OF suci Ia.
stitutions as negotiate the crimes Of their agents, Ger
wants and clerks, in exchange for the funds they have
Every person having a knowledge OF the actual com.
mission Of any offence punishable by imprisonment n a
State prison for any other tern than for life, who shall
take any money or property Of another, or any ~eratuity
or reward, or any engagement or promise therefor, upon
any agreement or unaers.and;n g, express or implied, TO
eompornd or conceal any such crime, or 10 abstain from
any prosecution therefor, or to Withhold aoy evidence
thereof, shall, upon conviction, be punished by imoris. |
oument in a State prison not exceeding three years. or i
in a county jail rot exceeding six months" Those
among you, gentlemen, who have OBSERVED the course
Of efiainsi justice IN tlis city, mus have seen how