The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-08
uUGt BUSHELS CHARGE TO I.ae sRANU JURY.


George r. Andrews, Frederick & Toxnserd.
Anares HscSs, BsDj.min {. B.opit,
John lawrence, Paul A. Curtis,
Tbeoacre a Never, Francis Ieani,
john W Miller, George W. Piatt
VIM. r. Mott, Jr., Henry s. Ter0el.
Judge RsseA then proceeded mid profound silence TO
sehver the foEswiDg chssge &, the Grand Jury
oHABaE or JUDGE Russell nc THE GRAND JURg.
GrcrNgs GRAND JURY The institution Of the
6rard Jury is OF the most ancen and ~ The same
lime alued features IN the administration Of crimnl jas
Traces OF the sttuton 10 be found In bc9and
Nc early the tensn century and appears TO have eS-
sed then in and perfected state wsrrsnung the
belief before that period must have formed
aud highly esteemed elemen, 10 tho criminal
ureproaencc Of that country From its earliest WganzA
"a have been Invested ith the attribute aud
character OF mercy had ia principal
,ect ts security Of the subject against untoanded mai
nous and Oppressive accusations II may Do have, as
VIC ioresd admi u has not uuifo miy,
swered this cnd nsyerneless, n is cardinal de
stn liz u>ubers have been selected in different modes,
DIFFERENT times; but, according TO legal
writer they usually been gentlemen Of tie best
ogare in The country, manesty that tn might be the
ssner borrowed by from the mother coun
NY ar has been taken into our Judicial Structures
and IA tough he Of It's value could not De lo)
strongly Indicated or ia benefits could not be assured IN
100 foerin manner, IL Is expressly recognized anu con
cnued BY beth Constitution Of the Unaed states and
State constitution In dis later inssrum ,ns,
Witch .mbodes the pro vision Of the former declared
fAr o. thct person sbal be held answer for
oapai other sse In crime except in cases Of
tmp< achmen and in Of militia. when in actual
service, and the land and naval forces To time OF var
q which hs state may keep, with the consent OF Co..
der the regulation Of the Legislature unless present
Dent or Indictment OF . Grand Jary" This provision
sns as o0 10
fully i nature he prnci Pies upon Shcn was founded
- ogasized-its relations, accountability, pc ~ers and
be had 10 the Law Of the mother
country, changed and modified by Own express
enacmcn,s judicial decisions The present occasion
Goes admit Of require the consideration Of
HshieD you upon or 70 the character Of the
s,sd Thai he osh by which yoi have just
ssveraliy bound yourselves contains a more com
know in order 70 q resumption of that solemn obi.
gsoD, than could be again compressed within the
ssd ae make Of al SUCH masers and thugs
shA be given you in charge The States counsel your
fellows and own will keep secret tina, you will
present Tor envy hatred malice; nett will you
any unpresenled for fear favor affection, hope
u reward gain bat will present all things truly they
aerssandDg With such speci icaion Of your powers.
Ne motives that 70 sctuate you and the principles
s~m an iSsa Of What Is devosed upon ana aud ID de-
landed from you. In respect 10 Jurisdiction,
speasnl your inquiries into the commission
State into counties, each county charged win the
within It's own limits Of those laws wnIcn
hun an life, liberty property Exceptions th,srule
have been created By positive statutes Tor Instance has
sse board Of any vessel navigating nver, lake or
canal that Indictment may be found In any county
through which, part Of which such vessel shall oe
naveaed In Vie Of We same voyage or trip, or In
COUNTY where such voy age trip shall terminate in
The same manner and with the same effect rs IN the
county where the offence was committed 30 where
sn offence shall be committed The boundary
q two counties, within i've hundred yards OF such
Boundary an Indictment ma, % Iound 10 eiaer o. sucn
cay poison shan be administered, or any other means
shall be employed in one county by which human being
In.
Indictment for such offence may DC found In the county
where such doa happened. Other exceptions could De
rssv pre.sn SsmSsye, The Court or he p.rc, Attorney
viii fully instruct you upon your powers ana duties In
reference 70 them has been doubted by come lawyers
q great experience and learning whether Grand Jures,
under statutes, possessed OF power which
ocufeseedly belonged 10 tnem-that Of originating
complaints themselves Notwithstanding muca can
such power by Grand Juries, his Court has
snisormy sustained their night IT, and shall therefore
you that you have that right or power. The OBJ
,ectSep 10 II has been put manly the groun that
oonsiderng the vagueness Indebtedness with which,
general rule, indictments drawn, n an accused
patty has no osher OF charged th
than In the Indictment until he comes 10 trial,
may be surprised by the case which the prosecution
shall then establish against him in the evidence, and
deprived OF q defence, wholly or parualy where II he
bad known earlier hat he had TO defend himself asan
he could have mace out complete aud successful one.
THIS v,e~ has supposed 70 derive support aud
strength from the act that the statutes dlaug Grand
Jur,es form part Of syst. N, which provides f
She warran, Of magistrate, aud has been
thought that Grand Jury has IN this way
been constituted addiiio AL security or barr
against the unjust trial OF a party after q mags.
sate shall held him 70 nj the proper Court
All thai the Court do 10 urge upon you eat can
Ton IN the Of his poser, and 70 a here strictly
the shcb the present Datrct Attorney has iBva
rably prscsed upon, namely 70 eptertau no complaints
The fret Instance unless xhere the party soushi to nc
Indie ed Iesides OF the State and has be brought
within jurisdcton upon The requsaon Oft Governor,
prevent the statute OF limitations attaching 10
nvor Of ascused party reading within the Saie Il
neoesssry hnd indictment A N all offences,
murder, charged upon an iphaban or resident Of tie
ssaie the law requires noictmenv be found and died
IN the proper within three years after the comm'
sion Of The olencc As - murder, on account OF It's
be found at any time ae the death Of the killed
the two Instances Dsmet unless In cases o.
comfort peace welfare, impc ing n their luences
a. were, the whole communicated by nction,
ccs are ,sd 70 affect TIE public, bit IN reay-ii <oald
be well for the Grand jury unless the orcums asces
very peculiar W receive aOn not sent 70 them by
NAG strae The greatest responsibility res ing UPON
you that OF passing upon the suciency nsuic"nry
f evidence In DECIDING The ques on as 10 hethe an 10
dtctmeni shall be found not The ust usually STATED
Grand Juries In resolving for or against ndtment h
this whether The Tor The pro- ec1uon IL made out
o. that. sitting the try q, instead OF the indicng
body without any explanation defucs Of Kind from
the accused anything further appearing they woIh
feel iusaed In rendering conviction against m The
guishcd tier 10 whom have already referred
has SAID that "a Grand Jury ought 70 be thoroughly p
susoed Of truth Of Indictment far tter evi
csnoe and 10 satisfied merely with remote
prcoaoihuess doctrine that might be app ed 10 very op
pretsve purposes AZ the Grand jury are redurei 70
be "tnsiruoied IN the articles Of her inquiry, by
charge from be Court before entering their duties
We Court nstruos you that this standard By which,
In This psruc1sr you sboud determine the propnety Of
your onca copduct" You are not, ike Petit jury 70
investigate both sides Of you have 70 do simply
with me Gaze Tor the prosecution stid, you must not
yield obedience 70 this instruct tAe expense OF truth
and justice ON the one and you 70 inquire into the
necessity Tor rial cp The other, you
Justly You must take care, ~hic you are prom ted by
no undue or Improper Influences yourselves hers
do Dot you, unvitngly, ~ the ents Of
kheir maoeor Whenever charte Il pre-epled 20
you, vbioh concerns Individuals than me pubrc
which productive OF injury the former rather an the
latter, and which strikes you founded rather desire
10 redress private Than public wrong yeu should scru
nlEe closely, look into the motives for H. examine TIE
witnesses ~ish unusual particularly, and satisfy yyur
selyee with than ordinary and caution taAt
you called upon 10 make presentmept 81 tie
you have sht assistance Of the District Attorney
In inter- ogatpg Witnesses 10 presence, and 10 sd
upon any legal matter and he b bound 70
ponss and her legal process the attendance Of
Witnesses before you. This officer also permitted, ali
times TO appear before you his request, 10 give
inf N ne Int