The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-03-10

nhrhnbLLiru VI THE 0kAhD JUhY-0uAH0E OF THE
.r CITY JUDGE. ....
The March term OF this Court commenced yester-
day morning by the empanellng OF the Grand Jury.
The following the names Of the gsntlemsa 70
discharge the duties Of the Grand Inquest
Henry A. Hurlbut, foreman; Herman C. Adams, Mar
tin l. Bsyapt, VIM " Brady, David Beach, VIM I. Beer,
John c. Chamberlain Nsthanisi H. Chatter Elias Dexter
Robert Grscle, Robert s. Hayward. Gibbons L. Kelly,
Rupyon W. Martin, John Mclean, Sampson Moore, I'd
win Meredith, wilmot Oakley Albert 8. Smith, Noses
The City Judge then proceeded TO charge the Grand
Jury follows
GENTLEMEN or THE GRAND JuRY-rhe administration Of
criminal justice is built upon two leading principles:
First The legal mssSmpton that every one accused q
the provisions Of State constitution that emo menu
Der Of this State shall be dranchsed deprived Of any
unless by the Law Of the Land the Judgment Of biz
peers And again that no person shall be "deprived OF
q "uu b % 70
rage not 70 consult promote the ends OF justice Sc
verI important barriers against the oppression
created by the constitution itself; many Of them
result from comprehensive, well digesed and
oos aud such Of them as are NOT The subject Of egs
tive enactment TO be found In that Invaluable
pendulum known as the common law which, subject
70 the restrictions Of the constitution still holds within
to protecting aud preserving power would be Sian
der upon thus system that it s not essentially hu
time H. il must be oonfessed sufficiently severe 70
guard the peace and morality Of the communty. As
understand this system looks with the greatest concern
10 tho security Of innocence. and hence It Is Of s
proudest maxims, its efforts To discover and punish
crime that better ninety nine guilty should escape
than that one innocent man should suffer. Delays must
Inevitably beset and embarrass IT, rs defects notwth-
stan ling, than those mperfections which
always attend upon and characterize every human
trivance. They might, doubt, In m0di-
fed not 10 reard unreasonably the step OF the
in its attempts 70 strike down malefactors; but such
suggestion Is one 70 be made and entertained with
delCacy.
tain amount Of Formally indispensable TO the proper
enforcement and execution Of all laws and more partcu
lary those which seek to advance and accomplish tho
public good criminal cannot always DO caught
in the preparation Of his crime; and even were it
who make the arrest 10 become the jury that
10 try the culprit and the court ihat is
TO consign him to punishment Summary. jadg-
ment may suit In some cases. but We cannot shut
eyes the danger Of such precedent in every
demanding legal Interference. The larger part proper
ton OF criminals commit their crimes without immediate
detection and when direct proof not aaiuabe crcum
the only by which they reached
and convicted. Who are examine into these c!rcum.
stancesg What tribunal Is TO pass upon them In what
MODE shall they be ascerned established? These and
other kindred inquiries suggest themselves, and
brought nsensby to the idea Of courts regularly
tuced, impaTtialy constructed proceeding upon fixed,
uniform and reasonable rules. Any other doc
trine than this would dismiss the judicial depart
ment, useless idle feature, from 60 vernment.
In the proceedings Of this Court your body constitutes
vital element The constitution of this State provides
that person shall be held for capital otherwise
Infamous crime unless on presentment or indictment OF
Grand Jury, except In cases OF impeachment of petit
larceny and of the land and naval forces actual SER
vice II we did not know it before from inc early his
tory, the antecedens OF grand juries here plainly
taught that your body was and to De- an additional
intended to be- and not to be used as instrument
of TORTURE or an engine Of OPPRESSION and that though
your deliberations are secret they should be conducted
If they occurred under the public eye and were
the subject OF public knowledge and public cri-
ticism. The statutes which prescribe your midi
vidua qualifications require that you shall DO intel
gent citizens Of good character and possessed Of the
qualifications Of petit jurors-that you shall be Of sp
proved integrity, sound judgment and well informed In
beng thus special these show the sacredness and
responsibility Of the trust to which you called Your
powers are very extensive; terrtoray speaking. they
embrace crimes triable in this county, which may be
either crimes committed In this county, those which,
though not committed within lis limits, are allowed by
express statute 10 be tried within the county Instances
Of the latter crimes committed boundary line
Of two counties, within five hundred yards OF
boundary where property stolen In one county brought
board vessel navigating river running through several
counties and Should any such cases present them
selves the District Attorney will advise you of your pow
the time You have the right to originate proscu
ons for felonies and msdemeanors; the former,
your right is undoubted-as the latter my associate
upon the bench OF this court charged the Grand jury at
the February term that they had right to take cgn
zance of them unless coming 70 thus court in the modes
designated by OF the act Of the Legislature of this
State Of April 12h 1885, to the Jurisdiction OF the
Courts Of General and Special Sessions of this county
ca Sessions exclusive jurisdiction Of msdemeanos unless
the accused, when before the committing magistrate,
Court of Special Sessions shall send the complaint
this court for trial. have all along believed that this
act in the section in question, was unconstitutional and
imperative and have since have had the honor
Of seat upon the bench Of this court charged Grand
Jures. Ny associate was, certainly, tme of the
same opinion still adhere to my original opinion, and
sha until some higher court decides that am
1t was matter 10 which originally gave the most care
full consideration, and upon which expressed myself
after had become satisfied OF the correctness Of my
cusions II this act Is valid In the particular
referred to, all complaints for misdemeanors must
originate IN the police offices. They must pass from
those places to the Court Special Sessions and tried
there, unless under the exceptions already mentioned
This plainly violates the constitutional provision that no
one shall "be held TO for capital otherwise
infamous crime unless on entment or indictment Of
Grand Jury" This provision of the constitution is pro-
hbtory, and cannot be waived by the accused Is the
crime with which he is charged capital otherwise nfa
mouss That the question If is, he cannot be tried
at Court of Special Sessions upon the complaint pre-:
ferred before the committing magistrate There would
not be 80 much difficulty the Court OF Special Sessions
had Grand Jury The law does not provide for such
court or the Court Of Oyer and Termner. 1t
will not be denied that many misdemcanors
linamous crimes within the meaning OF the constitution
The term Infamous" there used, means o crime
infamous in It's nature, involving moral turptude, nfa
from the punishment inflicted In the statutes this
term has meaning. II IL there defined to be
whenever in the statutes) Every offence pun
ishabe with death or by imprisonment in State prson,
and no h. & 81 n
vision that the trial by jury in all cases in which il has
been heretofore used shall remain invioate forever
provided by law. To allow this mode Of trial
TO be waived in civil cases, is to imply that but
for this express exception could not be done under
the constitution. Criminal cases not excepted,
and they fall within the constitutional edct TO all
msdemeanors as to which jury trial was in use when
the present constitution Of State adopted act
in question violates the provision referred not
detan you by referring to other grounds OF objection
this act can never consent to dvest your bo1y OF any
part Of its Jurisdiction, to abrdge its powers any
way by surrendering 10 statute, the validity OF which
cannot subscribe o-more especially when believe that
the matter had been distinctly presented to the Lgisa
ture they would net have done what probably the letter
Of this act indicates they have done. In entertaining
complaints, would upon you to be careful how
you act upon anything that has not come 10
you from the hands OF the committing magistrates
No pcruse the statutes Of this State relative to
proceedings in criminal without being convinced
that their policy ia to cause criminal prosecutions
initiated through the agency Of the police magistrates
Such just TO the accused appriscs them Of
charge made against tnem furnishes them with its
details and enables them to prepare for trial upon the
dctment should be found against them. The Grand
Jury can Notwithstanding, originate complaints but
ject to the powers OF control OF this Court when their
sentiment placed among its records. II be
disguised that grand uries sometimes Of themselves but