The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-04-05
For The EUentn0 Telegraph.
GRAM JURY.


demanding bail, in default of being able 10
enter the required security (Which Invariably
Is excessively, commit 10 prison upon the charge
OF obtaining credit by ia Sc pre- enses, are
amongst the most oppressive of their Off
cial acts, ninety hundredlhs of which
cases are unauthorized by the
evidence, resorting to criminal instead of civil
process In the collection of d BITS. When the
prosecutor and alderman fail in causing pay
ment of the debt, and the case is returned to
court, an ignorant or prejudiced Grand Jury End
true bill, every consideration OF humanity and
aproper regard for the lawful rights Of the
people appeal TO the district attorneys and
judges OF criminal courts, in the trial of these
. cases, 10 adhere strictly to the rules of Law in
constituting penal statutes.
ALI are disposed to sustain these prosecu-
tions when resored TO for public protection in
proper class of cases against those who obtain
credit by false representations of owning real
or personal property, representations calculated
to induce prudent, discreet individual to
credit. The evidence sustaining prind fdcie
intent to cheat and defraud, provided the law
authorized II, the costs should be imposed upon
the magistrate in every instance where they
claim jurisdiction without evidence. Nearly
every Grand Jury in their presentment express
regret upon this subject OF costs. The payment
of costs would be a slight retribution upon
magistrate who prostitutes his official authority
to promote private interests and crafty per
sonal anmoslty.
The exhaustive opinion of his Honor Judge
Ludlow IN L. j. VOLTS case, at hearing on
hsbeas corpus (Legdt Intelhgencer, June 16,
1861, deserves special attention.
Ludlow J.-"And first 1t is to be observed
that, upon every charge of the nature no W under
consideration we look instinctivey to the intent
with which the act complained of was done.n
The Judge refers to disappointed eX-
pectations in business, and adds -" II
by some. honest mistake he overstates 1t, or
who, being flushed with hope of successful
speculation (5usiness transaction), honestly
exaggeTates some fact touching his pecuniary
affairs, becomes thereby amebable 10 the crimi-
nal law, fen may hope TO escape; and such an
Interpretation OF the law would lead into the
criminal court many unfortunate debtors, and
every insatia'e creditor y consign him
to the penitentlary. creditor has
money by threat of criminal prosecution"
The decision in this case contains full and
able review of the English and American ruling
under the laws OF false pretenses. There are
several leading cases decided by Judge King
philadelphia Rep, Vol. L. the first year after
the act was passed, amongst which are the
Hickey and Hutchinson cases. These decisions
are considered by the legal profession as learned
reviews. The judges in every instance, when
trying cases impartially administer the law.
Considering the oppression exercised over the
poor and unfortunate in criminal prosecutions
(false pretenses), to cause the payment OF debts
arising from contract proper regard for thejust
and Impartial, administration of The law makes
1t the imperative duty OF the Judge holding the
/. Court OF Quarter Sessions of Philadelphia, at
the beginning OF each monthly term, to charge
the Grand JurY-expainiug the evidence re-
Quired to sustain finding true bill, by these
malicious prosecutions, the humane and civil
lied statute OF July IL, 1912 (or in the language
made use of by Judge LudioW!i in deciding VOLTS
case, "jestroy ed barbarous system" thougb,by
ignorance aud corrupt means, this act is made
the most oppressive ever passed 6y the Legisla-
ture, by placing 1t in the power OF a creditor, by
his voluntary act and evidence, to convict and
lmprison his unfortunate debtor. The. writer
has carefully avoided to revie " the false pre-
tense law; that is the province OF the court, the
Judges acting under the obligation of their
official OATH responsible to the intelligence of
the legal profession and people Tor their in
The late deservediy esteemed President Judge
of this district, Honorable Oswald Thompson,
In conversation with the writer, opposed
abolishipg the Grand Jury, assigning as the
principal argument the protection of the limo.
cent from the exposure and disgrace which
invariably follow a defendant through life
after a trial in the criminal court; that
acquittal never in any instance protects the
innocent from ridlcule and contempt Those
who trke pleasure in calumny t6nyyo ss,Ri and
OF the loungng audience in daily
attendance at the criminal court. These
manufacturers of public opinion take special
pleasure in bringing others (their superiors in
intelligence and integrity upon level with
their own infamy; consequently they never for
get criminal trial, and by eXtortng and mis-
Representing the facts, accomplish their wicked
desires. For these and many other reasons
but not to protect the guilty-it is urged upon
the court to instruct the Grand Jury fully as 10
the Law ana evidence IN all cases brought before
them.
THE GRAND JURY was instituted as protection
against malicious prosecutions, ignorance and
corrupt motives OF committing magistrates. The
prevailing opinion is that many Jurors discharge
the responsible Obligations imposed upon them
regardless of the otdh or affirmation taken IL
open court, VIII
''That you will diligently inquire and trut
presentment make as well OF all such matter
and things as shall be given you In charge, a.
of those you shall know 10 be presentable here
the Common Health's counsel, your fellows, anC
your oWD, you Will keep secret; you will pIeien
no one for envy, hatred, malice Cor corrupt
inhuences), neither will you leave any one
unpresented through fear, favor. affection
reward, or The hope thereof; that you viii
present all things truly as they shall come t
your knowlejee, according 10 the best OF you
nderstaudiLg."t
The oblig gations under Whc the Grand Juror
discourage the judicial doues imposed upol
Firsr. ITO diligently inquire and true pre-
sentiment maRe.n
Thai rs patiently inquire With due sense 0
! the obligation under which they aIe acting
and true pfesentment make-lnhuenCed only D.
lawful eW. ence publicly examined before them
Second. present no one ioT envy, haired,
malice"
That private prejudice, hoTeyer strong, tn
impressioLs may De against ibe accused, o
public rumor and general reputation, unayora
Bile ss il may be, should be discarded In thel
\ deliberauons.
= Third. 'Neitber will yon leave any ore un
q presen ed through fear, IaVof or aHecuon, It
WETd, or thc hope thereof" -,
The obligations imposed by this part OF thel
oath embfa ace every possible consideration
influence that could control tie jurors mln