The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-10-16
Court OF General SesslOnss
Before Recorder smith.


Court OF General sessIons.
Before Recorder Smith.
AGRANDJURY ACKNOWLEDGEMENTS CHARGE
The room of the General Sessions crowded yester
day morning at the opening of the court it
known that new Grand Jury would be empanneled
The Recorder took his sea. upon the bench lew minutes
before IL O'Clock when order called for and the fol
lowing gentlemen as Grand Jurors -
Henry Erben, Foreman.
lewis Atterbury, Jr., Jonn a. Currer,
John C. Bayles John Denham,
John Flanley, uriah Hendricks,
george H. Loop, Henry A. Hurlbut,
Alex. l.. Mcdonald, Jr., Edwin A. hanson,
Lorenzo Noses Rufus X Mcintyre,
Henry O1pstead, Vim. McAnthon,
Crowel c. Adams, Edward Prince
John A. Appleby, Albert Smith,
Anson :. Brown, John II. Sprague,
Gerard T. BeekInan, Benz. H. Talmadge.
The Recorder then charged The jury as fellows -
CHARGE.
GENTLEMEN GRAND JuRY-The duties which de-
vove upon you, honestly and udiciously discharged
carelessy performed instead Of the community deriving
advantage from your deliberations, you will bring your
time honored institution into disrespect, AMI excite pre-
JUDGE against your acts, and thus weaken instead Of
strengthen the administration Of ju ce The proceed
ngs OF your body secret and the spirit OF our in
stitutionsand may say the spirit of the AGES adverse
to secret pare Investigations, where life, liberty,
It behoves those whom the law selects TO exercise the
functions of grand jurors to act and investigate with
the greatest possible care and prudence ana WITH
should remember chat before them the accused cannot
be heard that while their inquiries are progressing he
remains unconscious of any proceedings affecting his re-
putation liberty and therefore, gentleman, you
value liberty and fair fame should guard against
unjust assaults and malicious accusations. Each juror
should feel that he sentinel to guard the citizen
against unjust attacks; that he was the citizens advo
cate rather than his and not until the evidence
clearly pointed the guilt Of the party charged should
his fair fame be suied by your acts. Your duty is to
shield the innocent well to present the guilty for
accused as the guilty party no matter how exalted may
be his position in the community no matter what niin
tnce he may possess; no matter what tie, may circle
around him. matter what desola ton his fall may
sonhe solemn obligation Of the oath wh,h you have
just taken and which you should keep in constant re-
membra during the performance of your duties re-
qures that you should make discrimination bet seen
the highest and lowest in The land. We have no priv
legged classes The same process and forms for
ing and Furnishing the guilty apply to all alike. You
should find Indictment against an individual unless
fhe witnesses to sustain the charge before you and
d covery, if the fact exist Is easily made) that the wit
hostile to the accuseG you have reason to be-
eye That the charge is prompted ny mhae or tina. o'ne
good citizen in his efforts to aid in the enforcement
of the laws by exposing and furnishing crime should
act with the greatest possible caution else you may rem
der your institution great evil instead Of benefit While
therefore it your duty to shield the innocent and to
protect all from unjust accusations it is equally your
duty to present all who have violated the law, matter
upon who the vord of justice shall fall and without
presenment and any violation of this duty is violation
Of your oaths.
fefore Apting any Indictment you should be satisfied
that upon the evidence before you against the accused
he would be convicted the evidence unexplained
This rule gentlemen should be inexbie Gross injus-
ee often done BY devating from it. Let me caution
pular clamor-against public rumor affecting indivi-
duals or bodies Of With such outside influences
you have nothing to do Your deliberations should be
calm and dspassionae-you should hold the scales OF
justice that nothing but crime should sway Them
BY reputation may njured by popular clamor
NAV q eyp a
adherence to Justice uninfuenced except by purity OF
purpose that grand jurors can perform their duty so as
to protect the innocent the guilty for trial. and
by that means aid in maintaining and sustaining our po
litical and social institutions.
With these preliminary remarks will now proceed to
call your attention to those statutes which the law makes
it my duty to refer to specially. BY the laws Of this
state all lotteries are unlawful and all persons engagsd
in The same directly or indirectly are liable to indic
ment.
The law regulating the rate of interest prohibits the
takrg more than per cent. Any violation of this
law is isdemeanor punishable by fine and imprison
ment. 1t has long remained dead letter upon our
statute have never known an instance in which it las
been enforced.
The law for preserving tie purity of our elections.
Any violation of this law SUBJECTS the offender to ndct
ance Of inquirng into the violation OF this law y felt by
every citizen.
taking fees not authorized by law, is misdeneanor
which subjects the offender to Indictment.
Tie Jaw passed by the last Legislature entitled Gan
act for the suppression of nemperance, pauperism and
me, am also required 10 call to your special notice
is law has already received construction from this
court upon Gifts important features This court
has decided that imported liquors are exempt from the
operate Of that II has also decided that the Grand
Jury have no right to entertain complaints unless the
Special Sessions at the request of the defendant The Su
prem Court of adjoining district, composed of gen
uemen OF eminent ability and great legal acquire
ments lave decided the act TO be unconstitutional and
while that decision remains unreversed this court viii
this act 1t will Therefore, gentlemen, under this state
Of facts be useless to prefer indictments for selling liquor
without the license required by the act as should
consider my duty to order such indictments, found
TO be qnashed
Fly statutet is made msdemeanor fr you to discore
the finding Of an indictment in all cases Of felony un-
less the is in custody The importance OF this
law you will readily perceive disclosure might ca
bic the party escape. and thus defeat the ends OF
ce II is bes that all your proceedings should be ert
strictly secret No good result from the disclosure
Of any matters that transpiIe before III charge j.
for The simple charge may seriously affect the J
putation Of tie person charged. Another tn {
70 which s consider s my duty to call yo",
made 10 tamrer with grand jurors: to give them in
formation outside their Jury room; advice as
what tLey should do in this case--what they shopl
not do in thar. Now, gentlemen, any attemp
temper With You in the fearless Of your day
Is high misdeineanor and Il is duiy which you owl
TO yourselves, high-minaed, honorable men-a d.
which ycu TO your fellow citizens whose nteros
entrusted 10 your keeringthat any such atteu'I's
boud lie Instantly exposed IN order that prompt and
may be taken punish the aggressor
In all the District Attorney i your legal advise
Is your duty TO call 10 your aid his Learning and
experience. In cases of alse pretences you will
particularly find the benefit Of his advice Not
OF this nature cut OF twenty be sustained and it Is
useless 70 cucumber records with that must
suit IN acquittals on technical grounds
Your foreman, from his long experience a member
o. the grand inquest, is familiar with all your duties.
He has the power TO excuse Of your number for
the whole or any portion Of the term. In order TO find
bill Of Indictment II is necessary that twelve of your num-
her should After iii has been ordered IL re-
qures the same number TO dismiss or reconsider 1t.
Sixteen constitutes quorum, and without that number
cannot transact bus mess Your number at no
time exceed twenyhree officers will be assigned you for
the service cpruccs and viii be constantly in tendance
You win proceed, gentlemen, 70 the discharge Of
your Cuies and 10 the discharge q those eutles con-
stanty bear In mind that You are sworn 10 make rue
presentment o al such matters and things shall he
given yen in charge That you to keep the
counsel fer the people Of this state and your secret
that you sto present from envy hatred
or malice aud 20 leave one unpresented through
fear favor affection hoIe OF reward and that your
oath lnds you present All thing truly they come
TO your knowledge according 70 The best Of your under