The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-01-07


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JUDGE RussErI's CHARGE
GENTLEMEN OF THE GRAND JuRYIt is your duty to inves
gate all charges Of criminal which presented
for your Consideration You have the right TO originate
all complaints, and all the Court do 10 urge upon
You great caution in the exercise OF s and to ad
wise you Tn adhere 10 the ruleto entertain charge in
the first instance unless necessity should require prompt
action on your part either TO prevent the guilty from
escaping the punishment Of the law, TO bring party
charged with crime under the jurisdiction OF the Court
BY adopting that you will yourselves conside
BY law all criminal cases. to give the accused an ex.
animation and TO confront him with the complainant ana
Other tnesses and In case he not satshed that sum
Gent probable exists suppose the party guilty he
can dismiss the complaint, and you are therefore not
troubled with the investigation BY the requirements Of
the statute is made my cuty To call your attention
to the relating TO usury, whereby the taking
of than per cent interest for the loan
OF money is declared be m,sdemeanor; also the Law
relating to ext0rtoD, which provides rha If any judge
public officer shall take receive any other greater
fee or reward than such as is allowed by the laws Of
this State he shall be dee med guilty Of misdemeanor
also the law relating to lotteries the provisions Of which
are That every lottery game device OF chance in the
nature OF lottery, shall be deemed unlawful, and com
and public nuisance" The 2Sth section says That
person shall by printing, writing any other way
publish an account OF such Illegal lottery, stating when or
where the to be drawn, the prizes therein
the price OF ticket share therein where ticket
may he obtained therein" Whoever ofIends against this
provision shall be deemed guilty Of misdemeanOr. l,
for long time doubtful question whether the publ
cation Of lottery TO be drawn out Of this State and
authorized by the laws of another State was an offence
under the 2Sth section of the Lottery act but the
decision Of the Court of Appeals in the Of Charles
tn. the People, Comssock p lso) all doubts on
Diet. rmined by that Court that the statute related
TO all lotteries even though they were declared legal by
any other state The question presented TO the
supreme Court according to several reported cases. and
the decisions rendered similar to that of the Court Of APP
peas but in reported find that the constt
tonal question involved under that section pre-
Sell ted gued before any OF the courts and which,
to the least susceptible of great doubts But that is
question that you gentlemen, nothing TO do with
statute and leave that ard all other doubtful questions
for the determination Of our courts Also the election
law: This law provides that "any person who shall by
bribery, menace or other corrupt means, attempt to in
uence any eector giving his VOTE hinder him in the
free exercise of the right Of suffrage shall be punished
severely by fine and Imprisonment" And also an act
enti,ed an act to suppress inemperance and regulate
the sale OF intoxicating liquors." II is made your duty
to inquire into all offences against the provisions Of
tnat act, and to present all offenders under it.
The law makes it a misdemeanor for any
you disclose the fact Of indictment being found
when the party has not been arrested held to
Not than twenty three nor less than sixteen persons
Can be upon the Grand Jury Twelve Of you must
agree to find BILL and the like number to reconsider
bill after it has been found. You regulate your
hours for meeting and adjournment your foreman can
any Of from attendance without application
10 the Court You select one OF your number to act
as Secretary to keep minutes OF your proceedings The
can from time to time advise with him on any of the
questions that may arise before He can be present,
you bu, when vote To be aken the law requires that
you should be alone You will now proceed, gentlemen,
to the discharge of your duty
John o. Brock tried and convicted of assault and
battery Peter Baker, Thirty ninth street and Fourth
avenue, ON the night Of the 9Th of May. He permit
ted 10 go out on bail till the last Saturday Of the term, and
instructed to present afdavs in favor Of mitigating pun
ishment.
John johnson (coored), indicted for forgery in the
cond degree pleaded guilty to the fourth grade Of that Of
fence having passed counterfeit money and that
his first offence the Judge sent him TO the State prison for
years. that being the lowest term the law allowed
VIM Jones, alias John Carney, was tried for burglary
IN in how Tho
dwelling house Of Charles SO West Thirteenth
street, but the evidence for the prosecution not
cuve and the jury acquitted the accused Of the charge
James King and Samuel Knight jointly indicted for the
high crime Of robbery the first degree pleaded guilty
10 assault with intent TO rob- and each sent the
State prison for four years and eight months
Thos Iawler, jointly indicted with another man for
stealing horse and wagon, pleaded guilty to attempt
at grand larceny and remanded for sentence that
he could have the opportunity Of proving bis good cha
racter
The Grand Jury came into court in the afternoon, and
after presenting batch of indictments retired TO
their duties The prisoners arraigned and pleading
not guilty. we're remsnded for trial.