The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-04-05
LEGAL rwTnLLIaawCl.
instructions to the Grand Jury.
Court of QiLnrter SessiOna-ItLdne Pdrsofl.

teTday by the Sheriff. was returned and the
Grand Jury was completed. B. f. Bonham,
ESQ. was appointed foreman, and his Honor
then proceeded to charge the gentlemen as to
their duties, as follows;-
Gentlemen Of the Grand Jury:-The first Monday Of
every month, being the commencement OF each
term OF this Court, brings a new Grand jury from
the dy Of the county, TO make inquiry and present
ment MS well OF all such matters and things as shall
be given them, OF these things which they shall
know to be presentabe. You are here now, in pur
suance Of law, for the purpose referred to- and it
becomes the duty OF the Court to give you some
general instructions in regard to the proper perform
ance OF your responsible duties.
am glad TO be able to say to you, that while crime
is still fearlully prevalent in this CITY, it cannot be
said to be on the increase 1t appears to have
reached the point OF elimination and 1t is earnestly
to be hoped that the present year will show a
decrease.
spectorB OF the Philadelphia County Prison, recently
published learn that the whele number OF commit
ments for the year 1869 was 305 against IL 62O for
1868. This shows increase in the number OF com
mitmens OF 6s5 for the year but the same authority
states that while there has been this increase or
commitments, the number OF persons actually COM
mitted has been less than last year. The reason for
this is thus stated in the report referred to-
at was till lately the practice of the committing
magistrates to include in the charge OF drunkenness
also dsordery conduct, by which offenders were
committed to prison for period OF thirty days, to be
held for whole or part OF this sentence, at the
discretion of the inspectors. Migrants OF this class
are committed for intoxica only for period
OF twenty-four hours, and not unfrequently return
half O dozen times during MONTH"
This increase in the number OF commitments is
evidently indicated by the above, in the one item
of commitments for intoxication, the number of
such for 1869 being 3546 against POPS for 1868. While
upon this subject is proper to say that the official
report referred states that OF the whole number OF
commitments for t lis year, 1887 more than
three-fourths traceable to ntemperance, "for,
with scarcely exception in the enumerated
drunkenness Is an accompaniment OF the special act
| for which the commitment is made"
| do not propose to comment upon these facts.
There are some truths that are in themselves so
papable that it but weakens their force to attempt
| to illustrate them.
or the commitments during the past year, 1908
were committed for trial. or this number $3.50 were
| discharged by the committing magistrates and of
the remainder the bills OF Indictment were ignored
| by the Grand Jury TO the number of $50 From
which 1t will be seen that vast proportion OF the
| commitments are for the moss trivial causes, In
| many cases brought, have no doubt, to make fees
| for the officers.
While this is one evil which, to certain extent is
beyond your reach, you can still very materially cor
rect it by the control over the costs which the law
| gives you in certain cases.
| In cases less than felony-of the class known as
| msdemeanors-it will be your duty, when the bill
| is returned 'gnoramus," TO decide and certify on
such bill whether the county tie prosecutor shall
pay the costs OF prosecution.
| BY judicious exercise Of this power you can do
| great good Where the cases are trling in their
character, or have their origin in malice, a de-
| sign to oppress, you should not hesitate to ignore
| the bills and put the costs upon the prosecution
| Such action on your part will have tendency to
petty ofienses, and leave the court comparatively
| free to dispose Of the graver and more importaut
| matters, affecting the whole Commonwealth, which
| are constantly coming before it.
But 1t would not be right when prosecutions have
| been commenced in good faith against parties
| charged with misdemeaEorS to put the costs upon
the prosecutor, for the mere reason that the
not made out before the Grand Jury. You should
discriminate between such cases and those that
wanon and malicious, or petty in their character,
which have been brought to crafty some private
grudge, or accomplish some purely private end.
OF the large number of prisoners committed to the
County Prison for trial during the past year. nearly
| two-tmrds were dlscharged without trial. This IS
not afiattering commentary upon our system OF ad-
ministering justice, and is painfully suggestive of
| oppression and extortion in the name and under
color Of the law.
There can be no doubt but that our late unhappy
civil war had the effect OF educating men to crime
This is one, and perhaps not the least evil growing
ont of that conflict. But it is to be hoped that such
influences are becoming daily weaker, and before
many years will have disappeared altogether. There
ale other causes of crime in active operation, and
which, instead OF diminishing, appear to be gaining
| strength.
The most to be dreaded, because by far the most
potent, is the excessive use OF intoxicating drinks
can aad on S E u S 20 ee stat u cs
closed-the dark shadow which follows us wherever
| veg
in many cases nterferes with the proper admin!s-
ton of justice and affords aid and comfort to those
| who violate the law. There is nothing that has so
| great an effect in preventing the commission OF
crime as the certainty Of punishment. And when to
certainty is added promptness, criminals will soon
| learn to seek an atmosphere more congenal to their
Among the strictly local causes which have most
GRO Hding OF the criminal department OF the County
Prison. The inspectors In their report say
''The separate system, once the especial pride OF
Pennsylvania has Ions been abandoned In every
department OF the prison, and even In the convict
corridors, two three, and even four prisoners are
| placed together in single CELL"
Under this system young men and boys are edu-
| Gated to crime as systematically and thoroughly
others OF our young men are educated at college,
They graduate as regularly in the one school in
the other with this difference that the graduates in
our criminal school are invariably apt scholars and
| leave the institution with q thorough knowledge OF
| every art necessary to make the perfect and sue
cessful villain. How long the enlightened and pub
licsprited citizens Of Philadelphia will consent to
thus educate, at their own expense, large class OF
| our youth for the commission OF crime, remains to
| be seen. There appears to be an apathy upon this
subject that is most unaccountable 1 do not
hope that anything j may say to you, or
any presentment you may make to the Court will
arouse public opinion in regard to the Importance
an enlargement OF the County Prison. But as a
If others will not listen or heed, shall at least have
| washed my hands OF the responsibility. And can
not but feel that II the humane, generous. and noble
men OF this city could be properly aroused upon this
with the evil complained Of single year would not
be allowed to pass without change, though it had
, | to be done by voluntary contributions
| The same overcrowdng exists, though with diff
| ferent results, IN the Insane Department Of the
| Amshouse.
1t viii be your Duty during the term, to visit both
| OF these institutions. You will find, upon eXami-
nation that the evils referred to are beyond the
j | control OF those having them in charge.
I | II is much to be regretted that some sufficient
| means do not exist at the Almshouse to properly
| employ all OF the able-bodied OF both sexes who
resort thither particularly In the winter months fol-
manual labor they would not only be earning thei
support In ease OF the taxpayer but 1t is believed
a | many OF them would prefer TO earn 1t elsewhere
: | and thus largely reduce the number OF inmates
The very respectable gentlemen who constitute
| the Board OF Guardians OF the Poor, / have ne
doubtw would gladly adopt any judieious plan tending