The New York herald., 1871-09-05


Evergreen Cemetery; the nal disposition Of the re-
mains have not YET been agreed upon.
Sergeant Eason, Drs. Balch and Reid also testified,
ana the inquest was adjourned until wednesday
morning. H HNrr tf rrlr rrHfL.ru %
Judge Troy's Charge to the Graud Jury Of
the Kings County Court Of Sessions.
Tne Kings county Court OF sessions met yesterday
morning at the county Court House, Brooklyn.
Judge Troy and Associate Justices vorhees aud
Johnson presided Grand Jury composed Of the
Following named gentlemen was empanel.ed:--
Foreman. William II. Erwin. importer; Charles H.
TrumbulI, merchant; Louis Webb. commission
merchant; Corn,lius D. stayker, farmer; Henry
stidolph, merchant; Ernest Miller, commits
sion merchant Richard Ranft, commission
merchant; Theodore Gray, merchant; Richard
H. Cowpertnwalte. merchant; Andrew Pressy,
commission merchant; Sidney Green, cotton mer-
chant; James A. Fussell oils; John W. Elliott,
manufacturer; William c. Martini commission mer.
chant; John Mason, furnture; Howard Marher,
secretary; Simon Rapalye, farmer; William NJ Han
ford, commission merchant; Joseph Mix, commits
sion merchant; George L. Hewser, commission mer-
chant: William r. Grace, commission merchant;
Charles N. Chapman. sewing machines. c
M THE CHARGE TO THE GRAND JURY.
Judge Troy then charged the Grand Jury. After
calling their attention TO the usual matters, His
Honor alluded to the crime OF abortion which Is
charged against certain persons now In custody.
HIS Honor sad:- n ren s Pts
legal principles applicable 10 extraordinary cases,
It becomes my duty to specially direct the careful
upon the calendar against certain persons in CUSTODY
therefor; crime SO revolving and depraved, SO
II calls aloud for your just and most Immediate
action; and II, upon such action, an indictment and
e o ESe t9s as gn paI
permit. Need say, gentlemen, that allude TO the
unnatural and fearful crlme OF aborton-a crime
tue commission OF which In our degenerate days. III
the large cities OF the country and especially the
great city Of New York, has assumed the shape Of
REGULAR BUSINESS,
occupation or profession. Almost tolerated by law,
as by that public opinion which fails unceaslngly to
hde0us trafc in the blood Of the living as well as
the UNBORN, the CRIME we must confess. and not
common that It has ceased to afrright or disgust
and the wrerches who practice IT, instead or at
tsmpsing & to COT conceal their occupation openly pro,
the advertising columns OF public newspapers to
the great disnOnOr or the press and the law which
permits the press thus TO dshOnOr itself BY standing
ready for the mcrccnary consideration OF mean
pecuniary compensation, to act as the anclllary
cidal nlscreants. Nor is The public injury and DIS
grace entaed by the mere advertisement Of this
public morals, the demOralizing enrect necessarily
consequent upon the knowledge thus obtained. The
refuge this knoweige would seem TO AFFORD as .
means OF avoiding shame and exposure de.
strOys that fear aud compunctOn which might other
WISE exercise restraint 1g and sanitary lnnn-
That, unless il Is checked BY further Legislation
and the vigorous enforcement OF the laws present
existing ulon the SUBJECT. it WIN become
-s. NATIONAL REpRoACH UE
as done
say no more 70 Impress upon you the necessity OF
dischargng your full duty In this matter. There is
no law ~ present that can reach the advertising
lature viii remedy the defect. Unti then we must
thn h1Ou NJ "a
outlaw The unprincipled organs winch constitute
themselves the medium OF abortion, immortality and
murder Now, gentlemen, 1t Is time that the abor-
ZIONIST,
IL THE WORST ENEMY OF HIS RACE, ~,
sSoa be- known e nas he not on pr %
tutcs upon ints subject 10 dread, but when those
statutes fail there is another law reach hm when
death comes, which can be as readily invoked IN
this city and punished with equal severity. And SO
that you may fully understand your outy IN TINS
you me laws i have rcierred to. And ii snail first
become your duty to inquire whether any drugs
female for the purpose OF enectlng an abortion
Whether, by this means the death or an unborn
quick child or the mother was Effected. II so,
the death occurring in this county, the party al.
ministerng such or using any such instruments
the second degree. Should You ind, however, that
drugs were not administered or Instruments used,
did mot not result @ from such 3 use I'M DnH snen
you Will proceed 70 examine another question
yolyns the dsstn . % Of the female And FIRST You viii
lvered OF child, placed IN the care and custody OF
the persons charged. or either Of them, 70 be
Hursed, attended and cared for during the remain.
ing period OF her pregnancy and until she should
be delivered' You will next inquire was she
did they, or either OF them, undertake
during ner pregnancy and until she should be deiv
cred, for compensation or otherwise. II you find
@ sns i've rs os
undertaking became a legal Obligation which the
person persons on receiving the woman could not
dvcst themselves Of, whether the promised cOmpen.
saiion was paid or not unless 1t could be done with
ctling as to what would ne safe under the circum.
stances would devolve upon the person or persons
receiving her, ana their responsibility OF the conse
quences thereof, injury occurred, would rest upon
them. - rna rn W
Consequently, If for the purpose OF
DIvEsTNG THEMSELVES OF THE RESPONSIBILITY
they assumed, or for any other purpose persons In
their position should undertake TO remove the wo-
man at U critical or unsafe period, or wh she was
unfit TO be removed, or 1t may or might be danger
Gus to attempt ana subject her TO the annoyance,
joting ana motion Of carriage; the noise and iS.
mutt VI a thOroughfare-shoulde expose or subject
her to ns se1 key sS Be excited IN
condition by yo.Tag s sr u
care Tor and nurse her. and death was the result OF
all any of those acts; or II death was occasoned
by any want OF ordinary care on the part OF the
sons who had assumed the obligation, such want Of
ordinary care would be negligence, and tue offence
would be mansaughter on the part OF the persons
whose contract was legally, no matter what words
used, not only 10 treat her with care and ten-
derness themselves but to protect her from injury
or unkindness from Others Before you can
INDICT THE PARTIES ,.
or either of them, with this view OF the case, you
must find that death was Occasioned solely BY their
negligence or misconduct or was accelerated there
by. The principle which forms the bass OF the laws
nave stated TO you is very simple The lawyer who
undertakes the OF client cannot abandon il on
the trial anu his client helpless because he hos
not been paid. The physician who undertakes the
case OF patient cannot, after tina: patient has
become helpless and PROSTATE and in imml.
nent danger, desert his charge because ne
has not received his fee II he does, and death
results thereby ne is guilty Of mansiaughter. The
helpless women, to the exclusion OF all others. must
not abandon her when their services are most
needed to save her life, subject her to cruety
stead OF care n they and death ensues they
RnIIty OF mansaugnter, unless they intended to XIII
her, In which case Ii would be murder. You will
see, gentlemen, tnat no injustice Is done, nut pre-
sent refuse to present, according the evidence