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


jas M. Hastcad
Judge Russell proceeded to charge the Grand Jury as
follows
GENTLEMEN or THE GRAND JuaY-The duty Of charging
Grand Jury is often performed BY the criminal
OF county probably not to impress your minds
those of the community with adequate of
lcmnty and Importance In this court which IL devoted
exclusively 10 the administration Of criminal justice there
Is term every month in the year, and at each a
Grand Jury Is empanneed and charged. The frequency
with which this occurs might very naturally lead TO the
belief that the duty OF the Court, in this particular is
hardly than formal There certain matters upon
which by law, the Court must expressly charge you.
There others which, while falling within the range of
It's general duty to you, must IN great measure be
left to its discretion influenced BY the state Of
society, by considerations for the public welfare,
due regard to the public good However considered
you are not independent Of the Court nor would behooye
you guarding the delicate interest committed To you
act though you supposed you formed arbitrary
irresponsible body In my judgment Grand Jurors viii
but keep before them the language OF their osths they
will have little difficulty in meeting all that cxacted
expected from them. You bound 70 diligently inquire
and make or all such matters and things
as shall be given you in charge The states counsel,
your fellows and your you 20 keep secret
are 70 present no one for enmy hatred OF malice nehef
you leave any unpresented for fear favor af
lection, hope Of reward gain, but to present
all things truly as they come TO your knowledge,
according the best Of your understanding per
feet compendium OF the principles which are 10 animate
you the ends which you to keep in view could not
be conceived Of or submitted for your guidance BY sta
tute any person held TO to any criminal charge
may object 10 the competency Of any summoned
Grand Juror before he sworn, the ground that he is
such person. that he witness for prosecution and
has been subprnaed, bound In recogniznce such;
and the objection established the person summoned
4 to he set aside. This will serve TO show you that the
law your case in that OF petit iurics aims impair
TALLY Passion not to excite YOU nor prejudice 10 faint
your deliberations You should always remember that
crimes public property and that they prosecuted
and punished solely tor the public good Within the spirit
letter Of the constitution OF State you
meant to be- tribunal of mercy Without your concur
renee except in of Impeachment. aud in ~
military forces in actual service ana Of petit larceny
fxl.i hx
person be held 10 answer for capital or otherwise in
famous offence. Your prcsentmcnt or Indictment is
important part the system Of public prosecutions In
reference jurisdiction tcrrioraily speaking right
extends all crimes committed within this county THIS
rule has been enlarged by legislative enactment in
cases--as IN the case OF crime commit
ted upon a vessel navigating river, lake or
canal passing through several counties, indictment
may be found ia any county through which, or any part
Of which, the vessel may navgatcd the Of
the voyage trip or IN which the voyage or trip
may tosinate So too, Il property taken by burglary
robbery brought into any county other than the
in which the offence really committed, the burglary
robbery may be prosecuted IN the county INTO which
the stolen property thus removed The other cases
the Court District Attorney will advise you Of should
any offences coming within them be brought before you
volve many, oftentimcs nice, questions Of law. The
statutes have provided that YOU to be attended
By the District Attorney for the purpose Of cx
aiming witnesses in your presence, giving
you advice upon any legal matter, whenever
You may require The Court is also entitled and bound
10 give YOU legal advice directions from time time
az you may require. IL may it, Instances have
10 the knowledge of the Court which the legal ad
vice Of both the Court and District Attorney to the Grand
Jury has evidently been dsrcgsrded BY that body such
exercise of power certainly not within the conten
paton Of the Law. Composed You cf aymen, with
would be unreasonable and Improper 10 Disregard the
Judgment OF those who the ministers of the
law and whose especial duty II y (as their principal
qualification l. supposed 70 grow on Of ~ TO inform them
selves of and amAarze themselves with legal principles
Your deliberations are secret aud Property so no member
Of your body be obliged or allowed 70 testify or de
clare in what manner he any other mcmber u
inquest voted upon any question before yon, or what
Opinions were expressed BY any Of SOW the discussion
81 any question. In certain You are permitted to
disclose the testimony Of witnesses before The MS
trC Attorney on his own request y 10 DC allowed TO ap
pear before 10 give information relative to any mai
ter cognizable by you. but neither he nor any ono
ccpt your own members be present during the ex
preston Of your opinions. or the taking Of vote upon
any matter before YOU.
Indictments Tor murder may found any time afer the
death Of the killed in all other csses indictments shat
he commission Of the oiencc but the time during Which he
defendant shall have been inhaban ~ usually
Limitation Of three years.
THIS Is the language Of the statute upon this subject
Stale accusations not to be favored where they
within the three years II argument against
the good faith Of prosecution that notice taken
Of the crime AT the time Of rs alleged commission unless
the delay II very satisfactorily excused accounted for
Your duty requires that you should all deal with
and act upon legal Testimony You have rght 10 hnd
indictment upon alidavs depostons unless the
same proof would be competent upon trial before
npon information or hearsay and least Of an mon sq
pcon You are 10 hear the evidence for the prosecution
and taking the facts fairly and legally proved before you
you TO say whether they sufficient 10 justify you
in sending individual to trial before petit jury, or
whether the latter would be justified in convcng him
should those facts be unexplained. is not 70 be dis
guscd that prcsentmen at your hands stigma upon
the character Of any person and besides cntans the ex
pense Of defence, too often leaves the mark Of
upou individual who ~ made the subject of unjust
accusation involving other innocent and worthy persons
in it, calamous results On tins point, do not Know that
| can do better than repeat to you the reisarks of
ono az The Juiccs OF our Supreme Court as reported in
one OF our daily papers IN lately charging 1rand Jury
In this city Thc fact remarked the learned Judge
"that many indictments are tound without any Jus
therefa Is uotosiogs, The facility with Which adic.