The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-09
Court OF General Sessions.

OhAhok TO THE GRAND JUkr-A MAINE Law
JUDGE ON THE BENCH.
This Court was opened yesterday morning by Judge
Capron who viii occupy the bench during the present
month This was the first appearance Of Judge Capron
upon the bench - City Judge which position he holds in
place OF Sidney II. Stuart resigned
The following gentlemen sworn ~ grand jurors
VIM. Habershaw, foreman, George p Nevin
Wills Blackstone, Charles Tousey
Charles c. Buxton, Elnathsn rhorn
stephen Cutter, George X. Andrews
william Edgar, Mancus w Backus
Charies N Fearing, Ebsnezer Collamore,
AbIjah s. Feeks Samuel N. Dodge
Henry A. Hurlbut, James L. Dammit
Ellis u. Harmed, Lyman Denison,
Richard ID. IAthrop, John R. Laurence,
Josiah S. Leverett CHARLES Ii. Mount
Charles Fletcher.
Judge Capron then delivered to the jury the following
CHARGE.
GENnEMEN-AS the sessions of the Criminal Courts OF
this city frequently II rarely happen that
Grand Jury Is formed which not embrace at least
few members who familiar with its origin powers
duties. II the calendar of he Court not large,
almost beyond precedent am informed and time
not therefore, valuable to be consumed in merely theo
retic and historical narration would be sting
not without profit to look back into the stormy history
Of the English law, and contemplate the struggles Of
Saxon forefthers against the tyranny and usurPatons
Of the British crown. Suffice 1t TO say here that we
should see among the guarantees of personal security
which those patriots of that early day extorted swod
in hand from the usurped preroe alive OF sovereignty
the great provision that subject shall be held
capital otherwise infamous crime, unless he shall be
previously charged on the p,esentment Of Grand
jury" This jury composed of citizens Of character
ano substance and even in s imperfect state then
sufficiently potent to tfectually stay the arm of ire
spoDsibe power raised for unhoy purpo against the
person OF the subject This institution has
scrbed into fundamental law, with many addi-
tionx precise injunctions. The Grand Jury is
in this country, as is was at drs and still is in our
father land the great safeguard Of personal security
against the tyranny Of sovereign power. Power is
essentially the same in all ages and all
tries. Whether in the hands OF man, or Of
many, unrestricted and unregulated, it is tyrant
secution the forms Of Jaw the Grand Inquest is
used beacon and defence The good citizen should
be enabled to look to this body with confidence in its
WISDOM intelligence and integrity the bad with the full
that crime will not be unnoticed and that JUS
tice win surely be measured to the guilty. The oath you
have TAKEN il the best declaration you have of the
duties devolvipg upon you Grand Juro.A 1t is, in
fact complete chart to guide your action. Here the
Judge read the OATH When you retire to the apart
ment appropriated to your you will organize by ap
pointing one OF your number clerk; whose duty it
will be TO minutes Of your proceedings and of
to the District Attorney when directed to do by the
Grand Jury The foreman will administer oaths to the
wno may appear before you 's the OF
trct Attorney may be present for the purpose Of exam
ming witnesses. He viii act your legal adviser and
will issue subpGnas for such witnesses you may require
to be brought before you. The District Attorney Is al
lowed to be with you at all times Tor the purpose Of
giving information, but neither that officer nor
expression OF your opinions, or the giving Of
your votes upon the matters before you You
forbidden disclose the fact of indictment having
been found against any person Tor felony not in &C
tua confinement, until the defendant shall have been
rested thereon. This Is statute Injunction and its
violation is declared to be a msdemeanor. When you
have thus organized you will keep in mind the few
tica rules thus briefly stated receive suh complaints
may be brought before you, and patiently examine
and hear the witnesses who be produced whose
attendance you may require BE ore you conclude to
find dict you should satisfied beyond all
able doubt that the accused person is guilty OF the
offence charged The idea is sometimes advanced that
the accused is not allowed to appear before the Grand
rrp ath IN NV Init iv tta
painant and his witnesses heard there the indct
ment is of very serious consequence and that the
The the quality of the evidence which they
act. II is supposed that the accused will have all his
just rights on the traverse OF the indictment in
Court. But, gentlemen no sentiment can be more err
The fact that but party is heard before you
is the strongest possible why you should closely
scrutnize and sift the Witnesses and make the ques
ton clear that you would be compelled traverse
of the Indictment in Court to FIND the ,used guilty of
the crime imputed, II rebutting explanatory evil
dence offered. You should be satisfied that the
witnesses are credible; and you should make all
just allowance for any bad motives impure de-
they are aotuated. Where DOCUMENTARY evidence Is
required, you should not be satisfied with oral
better oplnon Is that you may receive copies and
may dispense with the production of the originals am
not informed of the nature of the subjects which will be
brought before you nor is it essential that should have
BEEN The District Attorney is your law officer, and
have already said he will vt all times give you any
quiIed advice and counsel. informed that he has
fully drawn up and conveniently arranged by himself
which contains epitome Of all your duties and state
ment of all the points to which you should direct your
enquiries In the investigation OF the various charges
which may be made before you. This Ia invalua ,le
aid ana that officer entitled to the thanks of this
muny for the service he has thus rendered. It smy
DUTY call the attention of the Grand Jury specially
to several statutes One Of these is the statute entitled
Of the interest OF money" BY this law, greater in
erest discount consideration the loan Of money
be received than at the Of dollars for the
use oone hundred dollars for one year. ON the sum loan
If NOR ia received the r0cpiyinO IL OuiI
Of msdemeanor, and liable to be punished by fine not
exceeding thousand dollars or impi comment not
is the law declaring and prohibiting extortion. No public
officer person demand receive any other or
larger fee reward than that which is fixed by law
for the performance OF the particular service Tor
which the fee reward is demanded. Whoever shall
violate this provision is guilty o! misdemesnor and is
liable to treble the damages sustained by the party ag
grieved thereby Another OF these statutes Is the cleo
ton laws The safeguards that thrown around the
integrity Of the 1y a this emneny important
guards declared to be either feonies misdemea
nors according to their character and the punshmens
called Swearing in vote" If false, is declared to be
perjury Procuring vote to be falsely in, Is the
Furnishing entertainment paying for it, by cand
date for office, other person, previous during
election or furnishing money to promote the election Of
such candidates. is crime Changing altering votes
fraudulently furnishing votes containing than
the number of names; wifuy disobeying the Law
full commands of the Boards OF Inspectors
hindering electors their way the pos voting or
offering vote in election district where the elector
does not resiee voting or offering to vote more than
at election; procuring illegal voters; procuring,
aiding counseipg another to come into any town,
ward, district for the purpose Of giving VOTE know
ing the person not TO be qualified all acts which, by
the election law declared to be misdemeanors and
ndictabe Another of these laws is the pro-
hibtng the establishment of lotteries. At this day.
lottery, game, device chance in the
ture of lottery, Is authorized by the laws OF this
state, lottery tickets be sold. Every violation of
this statute is declared to be msdemeanor and is in
dctable am also directed to call the special atten
ton of the Grand Jury to An Act for the Suppression
of ntemperance Pauperism and Crime passed April g.
1855. This statute, gentlemen has probably excited
general public interest, and elected warmer discus
sions than any other statute passed in this State since
the foundation of the COVER In parlance
1t is called prohibitory law and far it, in any
degree restraints the action and will of the citizen it Is
prohibtory but it Is not prohbitory law in the legal
Of that term. To prohibit signifies, in law Zen
tirey to inerdict for all purposes, by authority This