The New York herald., 1864-04-20

preseosIon which would be unjust deprive him or
q has enc right BY law 70 bs confronted with hs &C.
who may be able pond 10 him. the charge
should turn out 70 be NAL cous or unoundcd He 10 de-
Si,n your body where q crime has been
committed tho statute points out the course 70 be pur
psed rs the duty Of the complainant with ms WI
Aeseos 70 appear before police magistrate lodge nis
complaint, and on which warrant issues The accused
then arrested and brought before the maelstrase,
whose duty h as soon a. possible 70 sve DID I'm
hearing, confront him with the complainant ana nis
witnesses, instruct him as 70 hrs rights, and ne oe
res H. be can have the aid OF counsel 70 assist him 10
Inc cross examination OF the complainant and his wit
sesses and he oier witnesses III excupaslon o sne
charge 10 nls deence and tho magistrate is satisfied
hat there Is sulcen probable TO suppose the
cused guilty, his duty 10 then f 6aabe oience) " nx
Ne amount Of bail, take y and discharge hm unable
Cty default thereof or the magistrate s not
satisfied that there probable cause TO suppose
the accused guilty he can dismiss the complaint All com
plants taken before magistrates where the accused
has been either baled or committed TO prison, the
law requires, at the commencement or each term or
the General Sessions he shall transmit TO the Clerk
of the curt. whose duty IL Is to deliver them TO the
pss,st Attorney o. the county ana Sy h,m they are
sRree then and not till then Is tho accused called upon
70 answer. No system can be more perfect, as il IS
guarantee OF protection to the citizen and carries out
the original object Tor which the Grand Jury was first
Iormed In ls49 the Commissioners appointed oy the
Ibis state made their report, and it is much to be
regretted that the report had not been adopted for then
We would have had more perfect system o. criminal
clearly Defined The Commissioners in their report on
.ne subject Of your duties say THAT the Grand Jury
. body Of discreet and thinking men, called
together TO- protect the public interest, and not TO
be converted into instruments Of private cupdity or
vengeance Instead Of being accusing party, 1t is and
ought 10 be judicial tribunal Instead OF acting hastily
and upadvsedy upon accusation against the citi2en
and placing him upon trial for the qualification Of private
eelipg it should be made to stand upon the higher
ground Of vipdicating toe dignity of the pubc law
would urge upon you the necessity Of keeping IN View
yeur rights, powers aud dutes as above dcfued. Az
he last February term Of this Court charged the Grand
Jury then empanneiled and sworn in substance on this
subject as have charged you to day The result was
they only attended 10 their legitimate business and acted
upon and presented more indictments mad been pre-
pented for several months and they finished up all
ss 9 saSsss ssd ssg as5Sae M e Is Peeas @
but they dsregarded the advice and n Their own mo
on sent for witnesses examined some five or six cases
N misdemeanors and brought into court indictments tor
The same TO the exclusion Of the legitimate and more
important business before them. On the FIST day OF the
present term of this Court The parties 60 indicted not be
called to the same by the ASSISTANT District att5rf3y
who stated the manner in which the same were found
p thai the Court might take such action as might be
deemed proper under the circumstances. immedi.
ately directed the indictments found 70 be
quasned have called your attention this for the pa
pose OF showing you tnat, notwithstanding the Court can
not control your action ID the grand jury reQm yet they
Gan correct IT, aud render tvod and OF &c effect when II
law: therof6re advise you on afquestions of doubt
l Character that may arise before you counsel with
Inc DsIct Aiorhey tWno te iaW oincer oi tue
Court and to be governed by his advice, not TO dis
regard the rules laid down for your guidance You can
now retire, gentlemen, to the grand jury room:
The roll OF petit Jurors was then called, and the bus
noes OF the Court proceeded with.
Thomas Doran was placed at the bar to plead TO an m
tctment charging him with having caused The death OF
Michael Mullen by shooting him with pistol the 18th
Of March last. In consequence q some mitigating cir.
cumsances, the prosecuting officer accepted plea OF
guilty OF mapslaughter IN the fourth degree. HAgf
similar plea accepted in the Of Michael Par
ry injected for causing the death Of his wife, Bridget
Barry, Dy beating and otherwise ma!trea,ing her on
the 18th OF March last,
Cainarine Coleman, Irish woman, was tried aud con
vcted indictment which charged that the 5h OF
March last she bought two barrels Of whskey valued at
$780, for the small Of g. knowing them TO have been
stolen from the store OF Mr. Jesse c. Dayton No I07
Front Cathar denied having bought the lquor
but the jury, after listening TO tie EVIDENCE found her
guilty and Judge Russell remanded her for sentence