The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-08-06
Court OF General Sessions.
Rafoye .IudUe Cannon

Court OF General Sessions.
Before Judge Capron
Arc. 5-At the opening Of the court this morning the
roll Of Grand Jurors called, when the folio ring gen
ttmen answered to their names and were sworn
GRAND JURY
Marcellus EeEs, foreman, James Marsh,
John AFFORD, Oliver H. p. Townsend,
Luther Baldwin, John j. Walker
solomon Banta, Henry Allen,
Philip L. Backman, William Bender,
Silas T. Furbush Willis blackstone,
Spencer X Green, Chas. f. Converse,
Robert Leonard, Chas Fletcher
John 7. B. Maxwell, Elnathan thorn.
Judge Capron then charged the Grand Jury as fol.
lows
GENTLEMEN or TINE GRAND JrRY-You have sworn tina,
you will diligently inquire and true p-escntmen make
Of all such matters ana things shall be given you
cbarge' that 'the counsel for the people OF this State
That s'you Will present from envy hatred or ma
lice and thai you will not leave any one uDpreaented
that you win mcsen ali things truly as they come TO
your knowledge according TO the best OF your under
This OATH brief and precise yet lucid and com.
prohensvc state ncnt OF your official duties AMI rcspous
bites. You TO stand between the citizens and the
state as q shield and sword While you aim in the
discharge OF your duties protect izen from the
malice OF private prosecutors and the clamor OF popular
prejudice or excite you are not to forget that the
public mperiousy claims OF you the prompt and ccrsin
presentation 10 the for trial OF all offenders against
the criminal laws OF the state.
trials end certain punishmens. Whom you have become
satisfied from The testimony given before you that the
person accustd IL, beyond all reasonable doubt,
guilty q the crime imputed and have found indic
ment II The your whole duty in regard 10 IL per
your OF tops TO the public Grand Jarors re
spcctl. H. discharged, and tho responsibility then
rests the and the criminal prosecutor know
very we'll that mercy Is called the darling attribute OF
power, and when the circumstances rounding
such that this attrbatc be extended the guilty
consistently with the public safety, is not only the right
but as contend s the duty Of the appropriate depart
mcnt OF the government 70 invoke It's inierposon. In
day the old but popular doctrine that the law
be satisfied and justice be fully only by the
nicton OF the penalty, has comparatively but few de-
tenders The object OF legal punishment, yndctve
but reiormatory; the offender, therefore, reform the
law IL satisfied for reformation IA its great object.
have thus briefly nyoir ccd this subject here gentle
for the purpose OF correcting which prevails
pconsderabo extent among Grand Jurors regard
10 t. The idea il entertained by people that Grand
urcs have discretionary power the exercise OF their
functons that they are At liberty 10 find an indictment
TO refuse 10 find one, according TO their views
OF the public interests in tho particular case,
regardless OF the evidence OF guilt innocence Now
this Il either peous opinion, the oath which
administered to Grand Juries and which have Just
aed binds them to do that which the law does not ex
act Tho oath demands that the Jury shall protect the
Innocent anc tndiot he guilty The question OF guilt
mined only by the evidence Tho law has placed the
power TO extend mercy fayors 10 offenders In ether
hands In II r given " the Courts and
be exercised In special manner; In other that
power lodged with tho executive department Of the
state.
Twas never intended by the trainers Of our laws, on
the subject which refer that irrespective OF the evi
dence presented 70 them Grand Jurors should exercise
presenting indctmcnt against persons accused Of
crime. LII common saying, know that Grand Jurors
have the right 10 exercise their discretion upon tho sub
ec finding indictments but with ali respect
those who entertain the opinion, ] think that upon
closer examination any intelligent mind will no, fail 10
discover thai TIE position assumed s with the plain
sp Of the Grand Jurors OATH and renders those bodies
practically masters OF the Law, when system Of urs
prudence only constitutes them it, minister's.
win this occasion detain you listen 10 par
cuar statement upon the subject Of your territorial
Jurisdiction IN general and special cases, the dea
~
your notice, and tho distinction between the several
grades crime Of the nature because all these
your purpose, by the Iaatrct Attorney, in pamphlet
which am informed that officer will lay your table,
and which yod can consult under. his advice, whenever
you mas desire information on these subjects
The Legislature, however, has imposed on the court
the duty Of bringing several statutes 10 your particular
notice.
This duty thus imposed lndica,c- that tho sovereign
ROVER Of the regards obedience 70 these statutes
cmnenty essential TO the beet interests Of he public and
plants which may be laid before you alleging violations
q these provisions should receive your prompt and
one q these statutes is entitled cot the interest Of
money" By this Law no greater interest discount or
the rate Of dollars for the Of hundred
dollars for one year. on the sum loanef. II more sre
ceiyed the persoo receiving It's guilty OF msdencsnor
and liable u he punished by q hno not exceeding one
thousand dollars, or imprisonment not exceeding SIX
months, or b ah.
No public officer or person can demand or receive any
other larger fee reward than that which Fixed by
law FOR tho pcrormanc Of the particular service for
which the fcc or reward IL demanded Whoever shall
violate this provision Is guilty q misdemeanor, and is
liable 10 ueblc thu damages sustained by Tho party H
srievcd thereby.
must also mention the election laws The safe fuarss
that thrown around the Integrity OF the ballot box by
this important statute numerous All violations Of
those safeguards declared either elonies
demcanors according 10 their character and the punish
mcpts irnpoeed are corroyNpdngly severe. What Is
Familiarity called "swcafing in a voto,' m false
: declared TO be perjury. Procuring 4 vote TO be
hbely sworn In is declared 70 be the same crime;
purchasing vote Is declared 10 be bribery Furnish
irg entertainment or paying for by candidate Tor
oce other perstn, previous 70 during election
furnishing money 10 promote the election OF such candi
date crime; changing altering votes frsudulently,
or furnishing votes containing than the proper
Der Of names vilfnlly dsobcyIpg the lawful commands
OF the BOARD Of INSPECTORS obsucug hnderug cleo
"a on their way 10 the polls votna Offering 70 vote
in an election district where the eector does not reside
voting or Offering vote than an election
procuring Illegal voters; procuring aiding counsellng
another 70 come into any own, ward or district for the
purpose Of giving vote knowing the person not 10 be
auahhed are all acts which, by the election laws dc.
clsred 10 be msdemeanors and are indctsble.
Another Of these laws the statute prohibiting the es
adjustment OF lotteries.
Al this day, lottery, game device or chance In the
nature Of lottery Is authorized by the laws Of this State