The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-05-04

also lamertabiy defective. The minor prisons become
The schocs CT crime whereof State prisons are uni
vsrsites Rarely, indeed, have found prison punish
uent 10 work individual reformation The present system
of imprisonment tends TO encourage crime seem to
,ske not 70 restrain and correct systems
mrsh contract tasks which follow CONVICTION by the
verify Of the transition harders the offender Bear these
things, therefore, In remembrance when in the cases OF
young the eorey tempted the unwary and OF
fret offence, the question Of doubt arises your
minds. Not the least pleasant OF my expert
the opportunities ! have had OF
saving such from ruin by exercise OF judicial discre
ten rhe that Just taken charges you that
without fear rsTor Affection oa or hope Of IswarS you
This oath does not require you 10 lay aside oil the feelings
Of common humsnty but you indulge the feelings Of
reasonable doubt the feelings and sympahies Of meu 70
look mildly upon the tempted stranger and oucast and
the hope OF that reward which attends duty lear
lessy and conscientousy discharged. Another evil
suffer under is the CARELESS manner IN which executive Gle
mency has been exercised need only point you the
calendar for this term and viii find upon the pames
of two men, one OF whom has been twice pardoned
in this State, and another Who his pardon has
been ccniessedly you will discover by papers before
you) engaged in bold ana daring burglsres But if nigh
public fupctionaries fail jus. exercise Of their preroga
tves let us, gentlemen pereis, in performing own
Isha not shrink from seconding your efforts whether
save citizen from improper complaints and prosecutions
admnieter TO him when ndDg handed justice
In all cases, the wicked nteHt with which act is done
is the Of offence constitutes the crime
You have jurisdiction all offences committed within
city and county OF New York lonies com
mitted any other State county when the stolen pro
perty brought INTO this county IN the same manner as
such felony had been committed this state and such to-
lony may be charged TO have been committed 70 90
city into or through which sucn stolen property shall
have been brought. q R s. 4th ed, p. ss2 fas
statute recognizes the common law principle, by which
the Of stolen property in oil eT
remains in the owner, and the thief, therefore, gohy
Of theft 10 every place into which he carries the ste
goods ss be s guilty Of renewed theft in every county
MIC which he may carry It, The most serious objection 70
this statute was, that person might be liable 10
be twice punished, for although punished here he
was liable TO be punished in the State
To this Justice Sedgwick, Of Massachus t,s, in
brought before him under the law rule, SAYS,
Wherefore should he not" and remarks that for him.
self he felt such tenderness for thieves TO desire
that they should not be punished Whenever guilty they
punished 10 both Chief Justice Savage in the of
the People Bushe 1l Wen 1921, adopts the
views lhaye thus called your attention to ths statute
and the decisions IN relation thereto, because under
stand several viii be presented 10 you for action
and in case shown to satisfaction thai the stolen
property s brought into this county, matter VIII %
the otence may have been committed i, is your du,
ndct. All Of q criminal character originste
with ycu but you better adopt the general rule
hear only such CAGES may be sent TO you by the
District Attorney, after previous investigation had be-
fore magistrate By adopting that course you will save
yourselves considerable time and labor, for he is en-
powered by law in all to give the accused
mipation and TO confront him with the complainant and
other Witnesses and in he is not satisfied thai su
cent probable exists to suppose the party guilty he
dismiss the complaint, aud you are therefore not
troubled with the nyestga alton. At this OF the
year is the especial duty of your body, far may
be in your power protect the public health and any
violation Of the laws enacted for its preservation pre-
sented for your action should receive your early and
prompt attention. to the end that they may promptly
acted upon by the Court There several statutes 10
which the Court at each term is expressly required TO
call your sttentonTne statute against usury, by which
the taking OF more than per cent for the loan
orbesraDce Of money, ia declared 10 be msdemeanor.
The statute against extortion, which makes II INSIDE
for public officers 10 take any other
greater fee reward for official services than shall
be allowed oy inc Jaws o. sn,s state or 70 demand or re
actually rendered The statute against lotteries by which
il is declared that "every lottery, game or device of
chance n the nature OF lottery shall be deemed unlav
full, and Common and public nuisance" and as such
pun shsbe by fine and imprisonment The election law,
sheh provides among other things o. thai any
pere5n who shall by bribery menace other corrupt
means, semp. TO influence any eecor 10 giving vote,
hinder aim IN the free exercise Of the right Of suffrage
shall be punished by fine aud Imprisonment The
act entitled an act 70 suppress ntempeance and to regu
late the sae OF intoxicating liquors" II Is made your
duty inquire into all offences against the provisions OF
that act and to present all offenders under it, and also
all persons who may be charged via. aduterang import.
ed other intoxicating liquors with poisonous or delete
rious drugs or mixtures, OF selling the same, or with
knowingly importing selling Intoxicating liquors
wines aduteraed with poisonous deeterious drugs
mixtures which offences declared be
The twenty first section Of that act makes IL
also . misdt meanor for "any inn, tavern hotel
keeper person licensed 70 sell liquors." to sell or give
away liquors wines Sundays. This section only
ers TO licensed they be proceeded against by
Indictment; but persons who sell liquors wines sun
day. that have not taken out license under the act
only be proceeded against In civil action for the
very Of the penalty OF fifty dollars for each offence Not
more than twenty ror less than sixteen persons
be upon the Grand Jury twelve Of you must
agree to find a bill, and the ike number 10 re
consider bill after II has been found You
regulate your own hours for meeting and 81
tournament Your foreman excuse any OF you from
attendance without application 10 the Court,
and you select OF your number 10 act
tary o keep the riuutes OF your proceedings The Dis
trct Attorney the law on or the Court and you can
from tine TO time advise with him any Of the questions
that may arise before you. lie can be present aud,
should you require It, examine the witnesses for you
but when vote 10 be taken the Law requires that you
should be alone The lav makes Il a mlsdemeanor for
any you 20 dscoee the fact Of indictment being
found where the party has not been arrested held
answer. You viii IoS proceed, gentlemen, 10 the dis
charge OF your duties.