The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-05

against either officers private citxens the dstestA
them Jour most ps.at, serious and earnest sstsaion
This service due 70 yourselves and to your fellow cit
whose soaadsso: in your sincsss Devotion = tbs
There ID other subj oct gsntssnea, which, In my
Judgment the faithful discharge Of duty ~ this tina
notice reier to the conduct Of pstt jurors, In
civil and criminal courA II Is not my purpsse here to
nsSn a Of s BY jury Ny object regard. oS IT,
practical operation, existing system In u-
rsprudence Petit jurors have large immuniass but they
also subject 70 the observance Of mperous duties.
While their conduct in the exercise of the former
construed In spirit Of hberaHty and indulgence the
ed. Jurors cannot pslpabs Violations duty under
the mantle OF immunity. that cslh b. DONE Il would
ss % % ~
founded the different relations In which they stand
thu cause on trial In criminal courts, jurors to
to attend hs .na II ss
for which they retained secondly in their Judicial
the guilt innocence Of the party indicted p the A
ter capacity they stand on much higher grounthan 10
the former They sole judges Of the fact and have
absolute power 10 scqut convict. But they must find
verdict unless upoa fair, candid and earnest effort
they cannot agree with their feilows without doing vio
ence TO their convictions Of rgnt- Their oath "a that
they will true verdict give, according to evidence
The verdict cannot Of COURSE be true verdict unless
u has the approval y Consistency but the appeal binds
them 70 nc verdict according 10 evidsuce, II that
b. caeptlousy done.
The ministerial duties petit jurors arc numerous or
enuuerAts those duties here but the best legal authority
agree that Of them Is that jurors mus. try to agree
remain in court. juror has right for instance, to
SIT doggedly down, AID ayo : that he evil not find
yefdie, e getty or verdict &C not guilty" or that
At the time refusing confer consult with Ills
fellows Much less has juror the rgh 10 pcoier terms
TO the Court pectog ae degree of punishment wsh
shall be inflicted the and 70 refuse to foda
verdict Of guilty unees these terms are accepted
The proposition itself implies the conviction oil the
Juror tn he bAt
to find such verdict contumscious and Is morally,
at least, viola ion of his OATH II the juror
Ia Interested in ths question subject matter in
vowed In the trial. and that ground refuse to find
verdict which may prejrdce bic interests he vo.tes his
TO the court objection to his competency ana his
neglect to do is powerful evidences against his good
fai b, ii he tails agree with his fellows.
Corruption in bsd faith is clearly misdeueanor In
jorors in other cases. and when relates to their
M % mo, n a. Sy out %
The integrity of the jury system must be vind
Gated Neither properly liberty nor human life has any
guarantee safety without it Fjustcsi thwared 20
Cay In point which respects your abor BY the le
gal conduct Of juror, the wrong may be repeated to-
these conscerstons psuers connected with this sub
ject should be ai before you, Witnesses should bs
1t viii be our duty enter tain the complaint
In that the law In relation important oranch
Of Jurisprudence the mmunites and liabilities OF
petty jurors may be investigated and any doubts exist
In regard TO IT, thai all such doubts may be speedily
moved. Your course In these Il the in
other fundamentally finding presentmeat, and re-
suss1g the District attorney 70 the acc issd
ment appropriated 10 your use You will organise By ap.
pointing of your number clerk whose duty II will
evidence given before you and deliver the minutes to
the district Attorney whea directed to do 30 by the
The foreman win administer oaths to the witnesses
who appear before you for this purpose Of giving
eyidense
Whenever required by you tho District Attorney may
be prosest for the purpose Of examining witnesses He
will act your legal adviser, and will issue supponas
for such Tituess you msy require TO be brought b.
fore you. The district Attorney is allowed t, be with
you at al times for The purpose OF giving inform .on
but neither TIN. officer nor sny Other person may be
present during the expression or your opni,ns the
giving OF your the matters before you When
you have thus organized will keep in mind the few.
practical rules thus briefly stated receive such
psints may be brought before you and patiently
anime and hear the who may be produced
whose attendance you may require. The highest
Der Of which the Grand Jury consist is
the lowest number b sixteen. To find an indictment
twelve jurors must agree.
tenion and patience With which you have honored
this occasion Ny only object has been to something
perhaps enghten your minds in reference the extent
and Importance OF your tho Grand Inquest OF
gree contributed to those results my highest ambition
has been realized and therefore now refer you to the
discharge Of your duties With the oppression OF wish
that you may find them to be lighter than anticipate,
and be permitted to return to your accustomed
avoea,ions.
The charge was listened to with marked attention by
large assembage of legal gentlemen In the court
After the charge the Grand ury retired to their rooms
in charge OF an officer.
without ransactirg any further business OK import
ance the Court adjourned till to-day.
The Disputed 5udgcship-Mr. Peabody Takes
his Seat.
SUPREME COgRT-GENERAL TERN.
JAN AT tho opening of the court this morning the
lawyers and spectators not little astonished Of
seeing Mr. ChAs. A. Peabody ascend the bench and taxa
his seat beside Judges Roosevelt and Cerke The spest
tors looked nquiringIy at another bat time
left for doubt or conjecture. as
Judge Roosevelt immediately proceeded to read the o
iowing-The undersigned, two Of the three Judges OF
the Supreme Court assigned to hold the present general
term, find themselves again placed in the embarrassing
position OF having lat least for the present emergency
decide between the gentlemen, each claiming TO have
been duly elected to fill the vacancy created by the death
Of Mr. Justice Norris and each taking the required OATH
but neither Of them producing, able to produce the
regular certificate Of the Secretary of State 'under the
seal Of his Office" provided BY lay in such
We compelled, in recognizing, must do iname-
diaely the the other colleague the BENCH
pass Professionally, at least, upon their respective
china The pleadngs lately submit tied to the Court o.
Appeals made up BY agreement between Mr. Davies
and Mr.. Cowles and were binding therefore, only on
them And the conditional form Of the Judgment
state Of facts might exist, which, duly presented,
would Mr. Davies the relaor entitled
TO the seat claimed By him Such state Of facts We
have before
According to the construction put upon the constitu
ton By the Court Of Appeals and by which this Court Is
bound al vacancies existing the day of the late cleo
ton then to be fed There in fact two such
vacancies one for the unexpred term OF the deceased
Mr. Justice rewards and one for the uneKpred term of
the deceased Mr.. Justice Morris-terns materially differ
emit in theic duration. And, in addition there a
Justice TO be elected for the fH constitutional period.
In such the sw-and, may add, the nature of
thincs-rcqui res that the term which the person
voted for Is intended shall be designated the ballot"
On the ballots for Mr.. Peabody the designation
Ito fl the vacancy for the residue OF the
PRED term Of Robt Morris, late Justice, deceased'
those for Mr. Davies there IL designation except
the words short term TO fill "a yacaEcy'-nos specify
ing which of the two unesped terms, which of the
two vacancies intended These ballots therefore
for Mr. Davies II may fairly be suggested, void for
uncertainty and illegshty.
At all events, apply ing Tbs principles establshsd by the
Court Of Appeals 10 tbs actual FAC n they