The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-12
Anew YORK CITY.
THE COURTS.
COURT or orea AND reRmiaEl


Iasr,,hu,n's Charge to the Grand Jury-The
Laws AgaiDst Usury, Obscene Literature,
Patent Medicines and Carrying Concealed
/ Weapons. &c, Strongly Urged ON tho No-
! tice VI the Grand Jurv.
/ Before Jadge lngraham.
| The October term OF the Court OF Oyer and Ter.
miner was formally opened yesterday morning. when
Judge Insraham delivered tho following important
| charge " the Grand jury
GESrLxaKS OF Tns GRAND JUay-l know Of no
more responsible duty mat tae CITIZEN can Se called
| whleh now devoves upon you. Selected lrom among
your fellow citizens a. men best suited for suen
ing the lile oerty and reputation Of individuals
ana at the same time TO protect The public a9ans the
You stand between The people aud the accused
and WINE ON the one hand You should present for
trial ali persons who are shown oy the evidence to
DO presunptveiy guilty Of offence you should not
sufer either prejudice, hatred malice or popular
ciaInOr to lead you TO find Indictment unless the
inc accused IS guilty, unless he can remove the I'm
preston which the evidence produced before you
makes on your minds Of MS crimtnalHy. SuCA testt
mony. by way al defeace Is not to be received W
you but y0lr duty IS TO present FOR trial Dy petit
Jury wlren the presumpuve evidence OF gus 10 FUR
amce OF actanR cautiously, Of examining thoroughly
the evidence which the District Attorney VIII suomi
10 you. and OF being convinced that you have
good grounds TO believe the accused guilty before
you ind bill OF indictment against nih.
But while this duty requires care and caution on
the one slde It b equally obligatory on you not TO
permit y0Hr minds to be md1enced by rear. favor
or aiiecton TO Withhold an ludlctInent Wnen YOU
have reason u believe crime has been committed.
The statues OF this Staerequire the judges Of tue
criminal courts. In charging grand jurors, TO caa
their attention TO several matters, with special IN
strucuons to inquire into the violation OF such
stautes:--
F,rst-Tbe constitution OF the State and the laws
passed In compliance therewlth prohibit the getting
up ana drawing or any lottery within TINS State and
the sale of any tickets ID lotteries whether drawn la
tnss state or elsewhere.
S0ond-1he act TO regulate the sale OF intoxicating
liquors. Subsequent statutes proAibit the sale OF
liquors without license ana regulate tire mode and
time OF selling. the violation OF this iaw Is maze
criminal offence.
Tsla-There Is also statute intended to prevent
fraud IN the sale OF passage tickets on steamboats,
and other veSsel5-mulnly intended for the prOteC-
ton or emiQrants from other piaceS-and you to
inquire into any violations OF that act
F0,tyth-The violations OF the act respecting cleo
tons by persons illegally voting are declared To De
Offences calling for examination by you II brought
stand has been passed thus session which Is said to
be act for the suppression OF the trade in obscene
literature or articles for Immoral use and obscene
advei tsementS OF patent medicines. The laws OF
this session have not YET been published SOFAS 10
reach tue judges l know nothing OF The contents
OF the law furCaer than the title; but understand
am directed by it to can your attention to tnls
statute also, and 10 say that It ID your duty II any
violation Of u Is brought before you TO present the
Fjyh--lt il also criminal offence for q public
ofllcer to demand, charge or receive fees greater
t0dU AlOWtQ Dy IAWs III any ViOduOQ Vi these
statutes Is brought to your noacc and the evidence
shows the person charged TO be prtan0 JIcie guilty,
1t is your duty to ind an indictment against him.
StJt-1 am also directed to call your attention to
the statute against usury ana TO Instruct you to in
qulre into any violations OF the provisions OF this
law or the wisdom ofconJinHing the law In all lts
provisions as to the rate Of interest tor the Of
money there Is great dlference OF opinion while ont
OF the large places OF BUSINESS the value OF money
may be more stationary, and these restrictions do
not operate injurlously to either borrower leader
yet IL Is not so In the great marts OF trade or Com
nVnbn fpnFl UnfC nf
money is constantly changing, and hlgher rates OF
interest than are allowed by law may be advan
tageOusly paid BY borrowers.
But while we may DOUBT as to the beneficial
effects OF this law In all Its results the power or
amendment IS not with as Out with the Legislature.
Our duty Is to enforce the law as we IND 1t, and
your duty requires you II any complaint Is made OF
It's violation, to inquire into such complaint and
present the guilty parties for trial. N0twithstand
ing some time slnce. the passage of law prohibll
ing the use OF concealed weapons and the carrying
OF them about the person the Jaw seems 70 be disre
gar ded; and the numerous homcides that occur in
THIS City to be traced mainly to the violation OF
this law Ii Is seldom that there Is brought TO your
notice case OF deliberate murder In this city |
| mean deliberate murder prepared beforehand and
| committed with weapons prepared ior that pur-
| pose. Most hOmcides that taxe place In this city
occur from the result OF passion at the moment;
the party beng armed with knife pistol or
other concealed weapon IN tne neat OF passion draws
1t and the Lille IS taken. There IS statute OF this
state also winch makes 1t criminal offence for any
person for gratuty or reward to agree to CON-
pound conceal felony or to aOstain from any
prosecution therefor or 70 withhold any evidence
thereof. II has become very general practice OF
late where felones have been committed and large
amounts OF property stolen TO negotiate with the
| criminal and make the restoration OF the whole or
part OF the property condition upon which the
injured party agrees not to prosecute the offender.
While tins does not come directly within the prOvl-
sons of the STATUTE its demoraiizing effect On the
administration OF justice and the prevention OF crime
Is very apparent IL Is not uncommon Tor parties
who have thus obtained the property OF others
feloniously to negotiate with the injured party for
return OF his property on specifed gratuity on
promise not 10 prosecute the offender. The
aid OF the police officer Is also invoked for the same
purpose. and we tnus have the officers OF justice
negotiating between the criminal and the injured
party for return OF the stolen property anu for
Immunity TO the offender. While all proper exer-
tons to recover the stolen property cOmmenda-
bic, yet when such exertions are coupled win a
promise or immunity to the offender 1t seems rather
to encourage than TO prevent CRIME ana to mold out
to offenders the prospect OF avoiding punishment by
returning part OF the stolen property and at the same
cases which nave occurred IN which such negotia-
tons have taken place and the property been par
TALLY restored, wnlle the criminal escaped punish
ment, must be fresh within your recollection.
Although most Of these cases may not be criminal,
still the evil consequences Of such compromises OF
leonies great as to call for strict enforce
ment OF TINS statute In every case which be pre-
sented to you aud what comes within its prov-
aIons ana mt the same time to render caution
necessary in making such arrangements lest
they should expose the parties making them to a
criminal prosecution. do not feel at liberty to omit
calling your attention to provision OF law making
ii criminal oflence foI TWO or more persons TO con-
splre together to commit any act Injurious to the
| public morals or 10 trade ana commerce. IL Is not
OF unreauent occurrence that acts oil this character,
by agreement between TWO or more persons TO con-
troll the rates OF freghs on canas or an ASSOCIATION
among carriers for the purpose OF increasing their
charges or agreement to prevent bidding for articles
or property sold at auction, are contrary 10 the
public Interests and are VOID. In one or these cases
sucn an arrange nent TO fix rates OF freight in the
different lines OF boats on the canals from which
neither should deviate and all To share III the profits,
was held to be conspiracy to commit an act luju-
rious to trade and came within the provisions Of the
| statute. so agreement to raise wages anu to
prevent any from working for less sums than are
agreed has been held 10 be conspiracy Injurious
/ to TRACE.
The offence consists not In doing an act to raise
I the price Of article or IN dong any otner.act
with such an intent hut in agreeing beforehand to
do such acts and IN preventing the associates rom
dong otherwise. You can see from the nature OF
this ofYence the bearing it has upon matters That
have come within the notice or everybody or some
| time past. do not say to you that any OF the late
occurrences In this city which have caused so much
distress and alarm through the community came
within the provisions OF this statute and ex pose the