The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-11-05

great evil IT induces evil disposed persons TO 20 to the
Jury room Tor the purpose OF procuring indictments
against those they hate when they know that no couvc
ZION can be obtained on the indictments il found. II
tends TO bring Grand Jurcs public contempt and de
grades the courts that have anything do with them
lou nave tue right to originate complaints for
feiones and msdemeanors In regard 10 The lat
Ter, Notwithstanding the law Of 1855 comforting
exclusive Jurisdiction OF them upon the Court Special
sessions except under this Court still
enertains the belief that that Law cannot interfere with
your cognzance Of the II is true this law has been re
centy sdndged 10 be constitutional by the Court of Ap
peals, trhc People McCann ID vol Smiths Rep. 49,
Det upon ground not affecting the questions arising out
VI e section OF the law extending the jurisdiction OF the
Court OF Special Sessions The objections this section
stu remain The power TO originate complaints however
should be exercised with the greatest care The spirit OF
our SAFE legislation on this subject is that every person
accused Of crime should have ponibe prosecutor
look 10 Tor legal redress entitled 10 il and that 10 pre-
pare Tor trial IN the event of an indictment be-
ing FOUND against HIM he should have the op-
pottunty OF confronting the complainant and his
witnesses before magistrate in h, Vam and under the
sanction 81 preliminary examination When the Grand
Jury itself turns accuser-ndcts parey without any pre-
vious complaint TO magisrateboth these benefits or
advantages are taken away from the accused They
all important 70 protect innocence though they may
times subserve and screen guilt Legal prccedens are
made and observed With reference to the interests OF the
innocent That the guilty are benefited by them also, Is
no argument against them An innocent person Is less
likely to know the evidence by which accuse
ton against him j. TO be sustained than guilty
one. The hitter Is conscious Of his offence, and
must be OF the means Of proving ~ upon him.
Wien limo cence becomes the object Of 4 conspiracy,
founded ID perjury is piaccd in the greatest jeopardy,
stripped Of the preliminary examination before mag
irate which exposes lit il does nor there defeat the case
for the prosecution The rule the Court advises you
observe IS not 10 ndct in the first nsancehat is with
out previous complaint to magstrate-unlcss the &C
crscd lives out Of the State and II i necessary to arrest
him upon the rcquston Of the Governor Of this State
upon the Governor Of the State where he Isl unless
Mheie y = hecessay 70 pfesen tiie sl,ite q limitations
have the power TO prevent the Grand Jury finding in
dicment yet where Is found oppressvey in viola
ton Of the rights Of individuals the Court has the
power 10 quash IT, The Grand Jury part
OF this Their indictments form part OF the records
Of this court and il has become settled principle the
Jurisprudence OF this court, abGndanty sustained by
thoIity and precedent that the proceedings of that body
are and shall be- under and subject to the control OF the
Court II they cannot be restrained by injunction their
action be set aside when disrcgaris the presump
tons or humanity of the law or tends not to promote the
ends of justice In times Of great political excitement the
Grand Jury should be particularly careful that they
not made the instruments Of serving political party
Considering the numerous by which the public
mind can be reached it is difficult excite prejudice
H. calm state of the public mind is conducive to
the proper enforcement Of the laws than when is unduly
treated. You be too cautious when complaints
that must enlist public feeling como before you, in search
ing and weighing the motive of those who prefer
them sinister motive may occasionally develope a
real CRIME, but oftener an improper motive will suggest
or find the means OF sustaining unfounded charge
thorough idea of your office conveyed in the remark
Judge Belts of the District Court Of the United States
for this district recently addressing Grand Jury in
that court Such remark coming, from him. is entitled to
the greatest respect His purity of character great expe
rencc and profound learning make BIN most reliable au
hority upon any point but especially to the proyinceor
functions OF Grand Jury The learned Judge said, Grand
Jurors not in tins country required to be nqusors
to search for Offenders their province is to hear
plants which may be brought properly before them ami
to act the evidence brought before them but they
may most properly require further proof to be produced
when they suppose il may be produced No indictment
can be found without the concurrence OF at least twelve
Grand Jurors, and when found your foreman shall
certify under his hand that il is true bill You have
the right 10 appoint OF your number to act clerk to
preserve minutes OF your proceedings and or the eyi
dence given before you. which minutes you shall
SO direct shall be to the District Attorney The
Court the worthy aud able District Attorney and his
valuable assistant, will at all times aid and cooperate
with you. II is mlsdelneanor for a grand juror,
constable, District Attorney, clerk or Judge OF
any court, TO disclose the fact Of au indictment
having been found until the defendant in such Indictment
shall have been arrested Your foreman has the TO
affirm all witnesses appearing testify before
YOU and also has the power 10 Of you from
attendance, without Application to the Court There
several statutes to which the Court at each term is
prcssly required TO call the attention OF the Grand
jury the statute against usury, by which the
taking OF more than seven per cent interest
for the loan forbearance OF money is declared to be
a mIsdcmeanor the statute against extorton, which
makes a misdemeanor for public officers 10 take or
ceiye any other geater fee reward for official
vices than shall allowed by the this State
also the statute relating 10 lotteries by which Is de
cared THAT every lottery or device OF chance in
the nature Of lottery shall be deemed unlawful and a
fine and imprisonment the election also, which pro-
vides among other things 'That who shall by
bribery, other corrupt means, attempt to in
fuence any elector in giving his vote, hinder him in
the free exercise Of the right Of suffrage shall be punish
ed by fine and Imprisonment and also the act, entitled
An suppress nemperance and regulate the sale OF
intoxicating liquors" by that act Is made my duty to
instruct you inquire Into all offences against its prov
sons, and present all Offenders under t. You will now
proceed, gentlemen, to the discharge Of your duty