The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-02

john H. opraSuS,
When the foregoing jury had been duly empanelled the
Recorder delivered the following charge
GENTLEMEN OF JuRY-The statute Of our state
sAes il the duty OF every court, at which Grand Jury
sAa be summoned and sworn 70 charge them on the du-
TIES they have perform and their manner OF performing
Aem In pursuance Of requirement shall first call
your attention those special subjects on which the law
requires particularly TO instruct you, ana Afterwards
make such observations bearing on your dunes Is snai
strike me TO be pertinent and proper
FIRST The Lottery Laso-The opening setting on foet,
carrying drawing any lottery in this state or selling
esewhere or doing any oct in fuherance Of such OBJ
Jet, s a misdemeanor =.
second The Election Law-The attempting by bribery,
menace other corrupt means, either directly or indi
yecy influence eector in giving or withholding his
vsSe disturbing hndering him in the free exer Else
Of his suffrage violation OF the statute Tor which Inc
oGender can be punished.
Third. The Ezortion La,o-The taking or receiving any
sse for amy Service greater than IS BY law allowed for
such service, crime punishable BY tine and mprson-
Dent is needless TO add that this law rs almost openly
violated.
Fourth. The Liquor LaW-I am also required TO
call your attention TO such provisions Of the "act TO
eating LIQUORS y the violation whereof IL cognzable in
criminal court and to instruct you TO inquire nto all Of
fences and present all offenders against said provsons
One Of these PROVISIONS s-"Tha tavern, hotel
Keeper or person licensed to sen liquors. shall sell
give away any intoxicating liquors or wines on
Sunday or upon any day which general or special
election town meeting shall be held and within one
q.arter of mile from the place where such election
villages Of this state, TO any person whatever,
az a beverage In my Judgment the words @ inn,
yern or hotel keeper used this section of the act
means such persons only have taken out licences for
inns taverns hotels, pursuant TO the provisions OF this
act therefore charge you that you are not 10 nnd any
indictment under the provisions OF this section, except
against such persons taken out licenses under the
But there some provisions which apply to all
persons whether licensed or noamongst them are the
selling or giving knowingly 70 any pauper inmate OF any
poorhouse aims strong or sprituous liquors,
sns dTass sns such and
deeterous mixtures. All OF which offences are declared
10 be msdemeanors. .
Fifth. The Usury LaW.-The statute prescribes the
nate Of interest the loan forbearauce Of money
goods things in action shall not be greater aAn seven
per for year one hundred DOLLARS or AFTER
that rate greater less for longer shorter
DeriOd This has been almost dead letter since
rs passage The civil regarded such portions of II
within their cognzance with dsfavor, they desig
nated hard and unconsc ionable defence and when
defendant being in default applied for leave TO plead,
they invariably imposed OF the conditions OF grant
ing that usury should not be set up they required the
constituting the usury TO be accurately and mnutey
stated and In the proof varied, even slightly from
ne facts alleged they the defence subsanAted
The suictness has is true, by some recent decisions,
been relaxed but the defence Is nevertheless,
still dsfavored by the civil courts The Juries IN civil
also laid hold Of every plausible preext and theory
enable them 10 find against the defence and the in
stances in which defendant pleading usury had ver-
DICT were exceedingly Thus became proverbial
among the legal profession that success on plea Oh sury
was scarcely TO be expected or looked for in
any case il is almost impossible to gee the reasons
for passing this law, discover the benefits 70 be
derived IRON It's enforcement II oilers strong INDUCE,
s.srcs. Of ingenuity to avoid the penalties attached TO t
violation, which have every reason 70 believe are TOO
even taken adv ntage Of. Money, which enables US TO
carry On our transactions should be as free and
unshached in it's disposal goods or any article
- free radc in business pursuits equally strong in
yoy unrestricted OF money An abolition oil the
sssr y, and reduce the present rate Of interest
n true that IN times OF great strngency SNORT loans
would temporarily command large premium, cepena s
BE- Of short duration and would rectify itself
70 be hoped the Legislature will see the Importance
a repeating all laws relating 70 this subject and give me
same freedom Of action dealers In money that they do
70 those engaged other lawful avocations Su gentle
men 50 long ~ BE- Tsspsssd ans enforced And Il
any case should be brought before you, sus
tanned BY sufficient prOS you . must seems nnn 70 have
boeu steadily the increase ny, greater than
was 70 have expected from the ADVANCE Of popua
ton TIN only way check this by resolute and de-
action on the part all concerned with or int
rested the administration OF criminal law, criminal ma
AL 90 era,iou Of Ali these the desired effect be
PRODUCED II any OF these Is relax IN the perform
ance OF IA portion OF the duty, or stands IN opposon
NE efforts OF the others In very great degree para
tvxed rust that shall receive the co operation Of all
cse In the discharge OF my duties, and that by such co
operai,oa this OF crime may be checked The
moss = powerful engine good or evil, according M
NAV be welded. II do much towards sustaining or
brngns INTO dsrepu,e our &c ac w c,nna cour,
depends mucn the line OF conduct adopted by the
press Tn the police devolves the duty Of IN The hst IN
y After liz Of errettng out and arrestng the
offenders OF course, n they are remfs, crime VIII
meet with but little obstacle and, on the other hand
their erors will be Ruthless seconded by the high
or ofcer OF the law police force totally inadequate
for the requirements OF this city no su can pe VIII
or blame the present body OF men that know
OF They promptly perform their duties and assist in bring
Ing justice faithfully can be expect from
their pauoty numbers The CITY Of London with popo
IAi,on cerniny not more than four times as numerous
"a that Of New York has eight thousand policemen
whereas iere have, when police is full, some
cluol ms
ment Of rny of the old and valuable members OF the
Municipal force 10 The Metropolitan police would %
of great serice NE promps srreet and punishment OF
v1oaors oflaw The knowledge they have acquired BY
years passs the would be very gr1 auxil
AIRY 10 the criminal mag srates In this city. The occupa
don Of a psceman 10 profession Of ITSELF requiring
aptitude fO,'he business and knosedge o. character 70
pett jurors devolve the duty OF not allowing specous
Meas and dfences consideration OF the punishment
hs may be bhcted, 70 render them capuous and hyp%
sbcrtive all efforts that may have been made 70 bring
be offender towards his deserts The Disagreement
canadence villains OF all kinds and grades
40 violate theaw and then calculate the chances OF es
spe by the reasonable expectation Of their rers failing 10
AND yerdc, ON the Court devolves the duty OF trying
abe prisoner rcordng 10 the rules OF aw-of being care
full in the admission and rejection o. evidence, 10 ms
.houd be CORRECTED the merits trial shall not be
granted throuh any error on lis part After the convc-
ou Of risouer, then becomes their duty 70 pass
sen,ence Tip passing OF sentence the most difficult
And unpleasaI duty Of criminal magistrate II no dis.
erection were ommitted 70 hm-f the statute had liked
and defined Punishment each crime and alternative
wss left excqt follow the drectops-then this duty
would be unpleasant, but not dicuh Inc statutes how
ever hayeno fixed defined punishment; but, on the
contrary lays invested the criminal magistrates with
large discretion tits In the exercise Of this discretion
thai the dbcutyiof this duty consists necessary
Iro The coufsrring OF this discretion that the
same punishment Ia not 70 be meted Out 70 different ndi
vdoals sho have been coaveseo 0 tho " ,,r,'o"
lar onepe, The frequency OF ia commission, inc
startling and alarming nature o. ~, 'a scs ne crne