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

Aifsi vilains q better birth and higher social poaition
are indeed seldom mada n a.sw. 70 the Is.anss
for their Conduct. Ths fellow who with force takes irou
your person the N ot vsluelsss thing In your pocket,
may, IN . few days or weeks ct most, be found In the
than ten years, and it m ~ be for . term equal with his
natural life; while the mo- re confederate scoundrsl, with
20 iassl ia the IS 's ssss ssI%i q ,srs sSd s'g'. aaS s tss absence sss% 'e os
courage, by some studied artldc or skilful device, de.
frsud tx you In T. ,nyyh q al II ths I, d siss. 'a F.;s I property o.
tlemen, that In . country like ours, Il one class Of
wrongdoers who are as offensive to the interest Of the
ike manner and With the same certainty made liable 70
punishment, . day will come when those who have most
Go mads s0' to NJ su fer cons lasues : serious ous'e indeed d.
II you ask how it 10 that this difference exists preju.
dicial to the character and dignity Of even and exact
sen the ~cop6dence Of the people in the laws which par
port to be sufficient for their security and protscti0n-
! answer that ths evil l%iesnostly in the insuaaeisn;y Of
enacted, if not for another meridian, sim for other
times and a different community than that Of the pre-
sent day in New York, and would be obsolete from non
use, were it not that in the absence Of laws more wise
and applicable, courts and magistrates are compelled to
their original creation, while the more important gene.
raj statutes Of the State, although revised pursuant to
loose and ~unstudied in their competition, unwise in
their classification of crime, and unjust in the penalties
amxeu, Uuu, ABOVE I'LL, tney are greatly uenclens OIL pro-
visions against wrongs and gross iniquities SO offensive
to the moral justice OF our people, and SO detrimental to
the policy Of the State, as to demand immediate atten-
i~l-digested acts from year to year since that time passed
some Of which might very well have been prepared by
the very offenders whore crimes the public suppose them
sufficient to punish-comprise the body of criminal sta
tute law OF this State, which, as a whole, is 30 conflict
ing, insufficient, uncertain and incomplete, for the sure
and efficient redress of all public offences, as to make it
important that the present Legislature should create a
commission Of qualified criminal jurists, thoroughly to
vays.a IL nn%ir otakr%as &c Ia Gt,ta notna cr;pnn
and prepare a code Of terminal procedure clearly certain,
and amply sufficient for all the ends of public justice.
ject, and hope you win make it a matter OF ~considera-
tion. u is my duty specially to charge you to inquire
ito al violations Of the Law against the .ale Of
respect to elections. You win present all mira ;tions of
the set relating to interest on the forbearance of money;
also all persons in public office who shall demand Or re-
ceive fees to which they are not entitled. Isubmit to you
the p%ropriety, gentlemen, OF combining such action in res
pectto cr,me 80 originates with yourselves with no pre-
vious complaint before an examining magfstrate) solely
TO those offences that more Immediately affect an en-.
tire community, rather than q single iniiyidua-such
dice public health, impair public virtue, endauger public
order, or in any other way outrage public ~propriety:
business initiated before the criminal m~,gistrates Of the
city, and presented for your considerations, will preclude
the possibility Of your giving much attention to aay
other class of offences than those / have described. Be-
sides, gentlemen, 1t is my conviction-and | am free to
express it-that in cases Of alleged individual wrony
teIoees, and all ,sber except capitaD felonies, with every
kind OF ,nisdemeanor, where the accused may be arrested
upon q warrant BY, any Of the criminal mag lstrates OF
the course the statute has in such case provided. Let
him go first before one Of the police justices of our city
a class of public officers with extraordinary powers
specially created for this very service, and who, 1t ID to
eea nies to . the importance are t a:elo 81 theiIi piscs anyai Snt saaf Il sun
Gcient cause exists the accused may DO appreheaded-
and it is only when a rested in this way that the defend
ant Ii Afforded an opportunity to exercise the right, so
essential to the innocent and due to all, of eXaIniniog the
complainant and his witnesses, and Of producing eyi.
depce in his own behalf. lit appears TO the magistrate
from all the testimony in the case that an offence has
been committed, and that tho accused is probably the
of, ndeI, the prisoner is bound 70 appear at This court,
ard the accusation with all the accompanying papers
and proofs certified TO you; and it Is here, gentlemen,
that your powers and functions obtain and inter pose,
the action and judgment Of primary magistrates, aud
out of. your superior wisdom to determine whether the
pcrty charged ougst in truth and in justice to be placed
at the bar Of a criminal court to the hazard OF hs liber-
ty, or perhaps the peril OF his life. II IS this high pre-
rogatiye and important power that renders your lnstltu-
ton Of so much interest and concern TO the pubic-s9
impartsnt for good when composed OF good meG; so
fearful for evil when otherwise constituted. BY any
other general course OF proceeding than this a grand jury
becomes what you and |, gen slemen, know TO be most
repignaDt TO the American peopls-a secret inqoisitoslel
conclavc OF cripl'nal accusers, touching the lives AMI II,
bsrties Of others, who nothing know Of their silent aud
hidden proceedings until placed in the fel0n's dock OF a
criminal court for trial, with no means of knowing Of
what they are accused, except that, among the Latin
terms and legal phrases employed in the useless srbtle-
ties o, en- indistment may be found soma peculiar tech-
meal OrWul 1pIss-lUH Y thgdi utbAstOn DL an u
fence, with no cert .inty OF time when tho crime charged
is alleged to have been committed, except that il was q
day ANY day within three years next p~recedingi nor
any information az 10 where 1t was done, save tina. 10
was perpttrated in the same county in which the inlict-
msnt was found. No, gentlemen, the spirit Of the time
and public s'ntiment, not more than q lair and impir-
tai aaministIaiion Of justice between man and his fell
low, imperiously demands that you shall be and remain
a pure and powerful umpire for truth and the right as
between accuser and accused, in al eases, for the admin
istIation Of the criminal law that may be presented to
you By. the responsible public authorities OF the city.
| III inQtsfnNnto fnnnh hu VIM must IA nndaread hu
Your Foreman as true bills, and by him in your pre- sencs
presented in open court, by which they become public
records forever. It Is the instruction Of the court that
you will endorse the names and residences OF all wit
nesses examined by you, upon. the indictment, in the
whose life or liberty is involved may immediately know
upon whose testimony il Ia tina he Is to be placed at the
criminal bar, asc upon whose evidence it is proposed 70
copsign him to a felon's prison, perhaps a fslon's death.
know this Is not this present practice in this State, and
that the contrary 10 this instruction has been mo I care.
miner upon indictments for capital offences, as 10 the
General &c ssions in oil other cases. IL is, however, as
well th. opinion of the present learned District Attorney,
Il am allowed to say,) as it Is the sense OF this court
that the ends Of public justice do not require that the
men and means by which a party Is TO be prosecuted for
a criminal offence ,bould, after Indictment, be conce alei
from the defendant until the hour OF his trial, and then
suddenly spring upon him TO his utter confusion and
psrjured t. s.imony or impeach the chanrac,er Of false
witnesfsr, nor to dispel or explain eliminating or mystic
rious circumstances. Next in importance to the pi-
soncr knowing what the charge IL, comes the Importance
Of knowing who makes It. or 80 much justice TO the de-
PENDANT is this held to be in England, that upon crimes
OF the greatest possible Importance, il is within the dis.
erection OF the court 10 allow the Crown to place wit
resses upon the stand, who hal been examined oy Ia,
Grand jury, unless ...,af names we're endorsed upon the
Indictment. This rule Is so fair and Just to thosa
Indicted for criminal offences that 1t ought to obtain in
this court. Not more than twenty. three nor less than
sixteen ptrsons constitute a grand inquest; q concur
renee OF twelve is necessary TO the finding OF a bill OF
Indictment. The foreman of your body Is authorized to
administer oaths and afirmations TO witnesses appearing
before you. Either OF your number may act as clerk. It
Win be a misdereauor, gentleman, TO disclose the finding
oil sn indictment against any person not in confinement
or under bail. II Is your right To require the presence
and counse: OF the District Attorre y, but not more than
IT is his privilege to appear and advise 20 in respect to
all matters that may come for your action during this
present service. You will now, gentlemen, be conducted
10 the Grand Jury chamber by your officers.
The following If the calender OF prison cases for the