Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1860-11-30
REMARKs nF MA GIEEn-


ing Grand Juries
After expressing the esteem which he or
dinarily entertained towards the gentleman
from Townshond, Mr. Stoddard,) he proceed
ed TO reply to his remarks made on Monday
afternoon. The gentleman says, speaking Of
the secresy of the grand jury, "if there be
evil in this, reform it, What does the gen
tleman want; What would he have What
would this grand jury be. if it were to be-
come public 1t would be simply eighteen
men sitting at the public expense, open to the
inspection Of the public, for the inquiry and
hearing of the cases presented to them
Would the gentleman adopt that? No, sir,
he certainly would not
Again he says its secresy is protection
TO the innocent Let us see how this stands.
Is it security for man TO know that he is
arraigncd; To have some malicious, vindic-
tive enemy turn all his batteries against him
where he is unsupported; When be is not
allowed TO bring forward any evidence to con-
trovort the charges, or to explain the allega-
tons made or clear mp the circumstances that
appear to indicate his guilt, Is that secure
tyi Why, sir. if this legislature were toap-
point a committee to investigate any affair
would it be deemed proper for that commit
tee TO sit and hear but one side, and on that
testimony to found its opinion and make its
reports No, sir, II is absurd 10 think of
this. 1t is a great mistake
The gentleman tells MS that this secrcsy
enhances the chances of conyictiug the guilty.
How will it be with this law, if it shall pass
why that there will be the same secrecy. the
same likelihood Of conviction as with this
grand jury. No more chance for escape is
az. ~ 3. &.
to sit, the rogues run Off But when they
are liable to be taken at any time, as they are
under the provisions Of this bill, the chance
Of arrcsting and trying them is better than it
Is under the present system
The cost, he also says, will be doubled and
even trebed it this change be made. This is
not so. The expenses under its operation
will be less instead of being more. II
we adopt it, we shall save thrce-fourths of
the expenditure that we now incur We
shall save the travelling fees Of witnesses.
who will be right on the ground and will not
be summoned ten or twenty miles to the shire
town to meet the grand jury We shall also
save the travelling fees Of the constabes who
summon these Witnesses He believed that
full three-lourths Of the So 600 now oxpend-
ed for the grand jury, would be saved to the
State.
The gentleman from Weathcrsfod tells us
about this solemn set Of eighteen men. lie
had seen them himself; he had not discov-
cred that they were more solemn than other
men. They never affected him by their SOC
lemnity. Perhaps they looked solemn, as the
Know Nothings used to, as we Masons do,
because they had been shut mp, because their
business had been secret II they be sol
nmn, it must be on the second or third day,
when they believe the whole performance is
farce when they sec some cowardly scoun-
drel appear with a charge that he dare not i
prefer in open day. 1t was feared, too, that
innocent persons would be prosecuted, if this
power were placed in the hands
Of the states attorneys But the states at
torney can not prosecute. The hearing is to
be open and public before a justice of the
peace it is for him to determine whether I
the man shall be bound up for trial, after
full and fair hearing. The powers of the y
states attorneys are not enlarged, they are y
the same now. What is the practical work {
ing of this system; When malicious cow d
ard has a grudge against another, he nurses
it in his breast till he may lay it before the
grand jury, where he may secretly work out
his ueiarious plans. Where is man most safe,
in the dark or in the open day where he is
secretly assaulted and has no opportunity to ,
repel the attack, or where there is a full hear
ing and all the facts come out The most Of
the men who are ind cted before the grand
jury are discharged before the case is brought
to trial Why IS this 1t is because the
hearing before the grand jury is ca parte be-
cause the testimony on which they ace indict-
ed is the partial and one-sidcd statements Of
a wiliul and malicious prosecutor. He be-
lieved that, by the record more than one.half
of the grand jury indictm nts are mol pros'd ]
by the prosecuting officer when the facts
came to his knowledge, and it was apparent
that there was no real foundation for the in
iictment. But the gentleman from Towns
bend cited a case where the grand jury refus
ed to indict man who was bound over for
presentment to them. He conceded that this
was an extraordinary case It was no won
der that it had made deep impression on the
mind of that gentleman. 1t was an excep-
hon-a rare exception-to the ordinary rule.