The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-01-07
Court Of General Sessions.
Before Judge A. d. Russell.

following gonuom0n Woro SoioSteQ;-
Amos T. Hatfield, Foreman.
Alfred p Arnold, Samuel Raynor
VIM. II. Appleton, Abraham Sands,
Jas Copsey, Hugh Auchinc0H,
Henry A. Costar, David Baker,
Ebeneze C0llamore. Uriah Hendricks,
VIM Dumout, Edward d. Nelson,
Jas N Halstead Alex. A. Ogshury
Robert Hoe, VIM. Palen,
Thoe Hope, David Ramsey,
Jonathan X. Landon.
Judge Russell then proceeded 10 deliver the following
charge 10 the Grand Jury
GENTIEMRN-I s laid do by an eminent writer that
the Grspd Jury system hsi It's origin Ia England NJ the
of the fct between the 20 Of the
and the rights subject and 1t was wrung from the
Crown the only means of protection ny WHOM the SUD
ject appea TO the Judgment OF bis peers could be rem
dered against oppression and that 1t was ntr0
existed Tor ie formation, and the constitution
shows designed TO be the OF projection the
citizen against false accusation, and the e greater dan
ger Of public camor for the constitution says tnat
person sinai be held to answer fer CAPT or other wise
Infamous offence unless on presentment or Indictment
Of Grand Jury" The Grand Jury eystem may be there
fore regarded protection to the citizen ana auxl
ary tn public justice and when aching wi hin that scope
must pecs sssry be sustained but when 1t TRANSCEND s
IT, when II can be uced for ths qualification of private
nais nifty, when wrapped In the eecresy aud immu-
nifty with which the Law invests It, its high prerogauves
tuted Va purposes fro ~ued upon by every prn
cple Of Law and OF nurnau stice it may become su In
srunent dangerous alike puoic and private liberty.
You have jurisdiction all offences committed within
the city and county OF New YOsk cases OF felony can
originate with you, bat they had better first he
heard before magistrate for then an opportunity is
slOrted the accused OF answering the charge and OF
Offering testimony in plan alton OF the circum stances
tending 20 establish guilt and In case the charge should
be malicious and upfounded, he las some responsible
person that be may look to for redress but when
complaint originates with YOU thus protection Is denied
the accused for you are not responsible for of
public acts DO matter how seriously q party may be
affected by them And In Of the Staes the Judges
have refused to perm, the Grand Jury TO originate
plants and have held thu, the duty OF the Grand Jury is
to hear only such cases as may be sent 70 them by the
Attorney General after . previous examination before
magistrate and this doctrine WAS held by Jodge King,
OF Pennsy lvsnia 10 q late cave where The Grand Jury
came into court and stated that some of them had
knowledge tbst the officers of public trust company
the funds OF the institution their
private use asking that witnesses might be for
for the purposes OF examination and indictment Judg,
Krg In very able address, refused the application, and
In speaking Of this limitation OF authority, says, That
Re regards alike fortunate for The citizen and the
Grand jury for protects the citizen from the persecu
apimosty introduced In the Grand Jury room, might
subject him TO- and conserves the dignity Of the Grand
Jury the veneraton with which they ought always
to be regarded by the people, BY making them an
umpire between the accuser and the accused Instead
OF iher assuming the Office Of the accuser" The
Grand Jury only hears evidence in support OF
the charge and exculpation OF the accused aud
formerly supposed that they could examine
any other witnesses but those produced by the prosecu
ton, and whose endorsed the papers,
OF late years the rule has been greatly relaxed and
you to present the truth, you unable
have the right power any other witnesses
who may be likely 10 assist yoa In satisfying your minds
q, to The guilt OF the accused and all cases you are to
be rsts6eo beg ond aoe doubt before you mud
Indictment against any for past expere shows
that ndictn epts have been found asainst parties that
have had foundation either In law In fact ana have
been false In fact they malicious In tue
motive which prompted them; and by 1t great injus-
ce n,s Deen n, uUne Sy keePpG 10
characters that has affected them seriously 10 their bust
ness and other relations THERE'S another class Of cases
eTmed misdeme aIors, which cannot originate with
GU, but must FIRST be heard before magistrate aud
only reach you by the defendant AZ the time OF the
ihcy are disposed OF a, the Special SESSIONS without in
dctment The law requires mat should cal your at
.en.on to the eta ute Of usury The taking o. more than
70 be indictsbe offence ALSO the law prohibiting II,
terss Any traffic Is unlawful and punished BY lae and
i'm prfonment Aso, the law Of ex,oron-he taxing OF
larger fees thar allowed By law Is declared unlawful
Also the Pronibi,ory Law, whi,h has been declared
By the Court Of Appeals urconstituionai; you viii
therefore lind no Indictments they cannot be SUE
tanned. Add sio the election laws any attempt to In
hunce any eector Ia giving his vote or 10 deter him from
eTcpe OF the right OF SUI ages declared misdem
and punished severely by fine ana Imprisonment. The
swtays thai not more than twenty three shat be
on the Grand jury, sixteen OF whom shall form quo
rum and II tha take twelve 10 nnd BILL and the like
number TO reconsider II after II has been found All
cares OF an important or e oil nature that may be brought
before you, either involving questions OF Law or oher
wise you consult with The District Attorney. He
be present at your proceedings and you require
pes,es; but when be taken you must be alone
rot The District Attorney allowed to be present
The law makes Il misde meanor for any OF you u de
tsre the fact Of ind ciment being fond against party
wso bas not been arrested there necessity tna,
spy CT your proceedings should be di,so,ed,
been the crsttm OF this Court TO permit the Grant
Jury 10 Ok their hours for meeting and ai
journnent and at present will not interfere with that
privilege, but ny attention has been called by the Dig
ot Attorney 10 the fact OF the amount Of business
that awaits action and OF the utter impossbiiy
for you complete H. uness you hold each day session
OF at least four hours would therefore suggest thu
adoption OF that rule, for Ia very desirable mat the
public business should be disposed OF speedily prac
icaeIo You can appoint one OF your number 70 act a.
secretary 70 heep record OF your proceedings. You
will now retire, gentlemen, and discharge the duties
Imposed upon J gu by law
TRIALS FOR BURGLARY AND GRAND LARCENY, ETC.
Peter Boyle was tried and found guilty of burglary 10
the third cegrec, In breaking In engine house In the
Twenty first ward and stealing coats, vests and Other
The Judge passing sentence said that the prisoner hal
beer brought before this court before, and sent hm
TO the state prison for the tcra OF four years and six
months.
Jane. Campbell was charged with burglary in the
third degree. BE broke into the premises OF Charles
~ Allen street On The 2sn oSs sO and
Of petit larceny Campbell Ia well known character,
and goes By the name Of Country crasgan" among the
Nsrcelus W IAzelle alias John G. Gibson, very In
lelgeni and respectable looking man was charged with
vest stolen from the steamboat Ahta tho property
Of Mr.. Bin yer and the vest was teen on Lazele on
Welsh, who arrested the prisoner having died since
ina, me, the evidence rendered incomplete. In
Of the absence OF q witness the case was
postponed. II seems tbs, while the prisoners st the
Toombs were attending divine service lass sabbath La
zee got up piracy 70 effect their escape By locking
% the keepers In the oels but failed In The attempt
James r. Roberts colored youth, was tried and con
vicied OF srsichinr retcue, containing promissory
nose iron Mrs. Nyers, The Goth November, ~ she
was passing through Beecrer street His Honor remark
that would make example OF this pckpocket for
the pockets d ladies' we're picked In Broadway
and other pubic streets q very audacious manner. He
sentenced him 10 the state prison for four years and SIX
mon hs
Charles Harris and samuel Smith, two youths In.
ilced for burglary breaking into the store Of Mr.
John RsslemAn, 3ls Warrington street. on tho 2lsi Of
November. Sulty. Judge Russell said they were well
Known 70 the Court old offenders, and he would
ence OF them 10 three years snd six months aui the
other 10 three and three months 10 the state prison.
in order that tbey might come out ri different times
Thomas Smiih and Patrick Divine were indicted for
assaultine Jcrcnish OD,nohue, with intent 10 kill
bin. The comp sinart SAID that ell he wanted that
bis WORTHY Honor should bind thin down 70 keep the
race judgment vas suspended
In the James Turner the Judge fixed the amount
Of bail at $500 ana In consequence II Mclaughlin bans
conned in prison long no took $1,000 bal for his sp