The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1872-04-11
Grand Jury Stories,

every man in the room was brought be-
fore us. A young girl had been accused
of theft few dollars in money had
been stolen; it was found in her pos
session. The complainant was wo-
man, and the accused had been in her
employ. When the case was called the
woman entered the jury-room and was
sworn by the foreman. She took the
chair assigned to witnesses, and the fore
man questioned her.
"Did you lose some money!
"Yes, sir"
"When did you lose it Z"
"On the first day of December"
"Who took it 7"
"The girl named in the complaint"
"How do you know she took it :"
~ found it in her possession. and she
confessed taking it."
"That will do; you may 60"
But the woman kept her seat, and
moved her hands uneasily "You can
go" said the foreman again, but she did
not start. A juror sitting near the door
rose to show her out, and as he did so
the woman said
81 do not wish to press the complaint.
l want to withdraw it and have the girl
released"
"Why so!" asked the foreman.
"Because," and her voice began to
choke, "because the girl is young, and 1
do not wish to ruin her. Somebody else
urged her to steal the money, and l
think she will do better in future. If
l send her to prison she may become a
professional thief, but if 1 give her a
chance she will be good girl. She is
an orphan and has no friends, and 1
want to be her friend. 1 know she is
guilty, but want to be merciful, and 1
beg you to be merciful, gentlemen"
Half her utterance was drowned with
tears, which flowed rapidly down her
face. The foreman told her to step out
side and he would call her again in a
few moments, and inform her of the re-
suit of her eloquent appeal. "Be mer-
ciful, gentlemen" were her last words
as she closed the door.
1t was voted to dismiss the complaint,
and when the foreman called her to the
room, to inform her of the result of the
vote, and commended her for her kind
ness ofheart her tears flowed afresh, and
she thanked us through broken sobs. 1
know that in that room more eyes than
hers were wet-eyes not accustomed to
tears.
But soon discussion arose as to the
propriety of our action. When the Grand
Jury was impanelled the following oath
was administered to the foreman:
"You Lucius S. Comstock, as Foreman
of this Grand Inquest, shall diligently
inquire and true presentment make, of
all such matters and things as shall be
given you in charge; the counsel for the
People of the State, your fellows and
your own, you shall keep secret; you
shall present no one from envy, hatred,
or malice; nor shall you leave any one
unpresented through fear, favor, affec-
ton, or hope of reward but you shall
present all things truly as they come to
your knowledge, according to your un-
derstanding. So help you God!"
And to the other members the follow
ing oath was administered
"The same oath which your Foreman
has taken on his part, you, and each of
you, shall well and truly observe and
keep on your part. So help you God r'
Some of the jurors thought we had no
right, under our oath, to show favor, no
matter how strong might be the appeal
to our sympathies. Every man in the
room wished to be lenient, but at the
same time, above all other things, wish
ed to do his duty. The discussion re-
suited in our sending for the District
Attorney and asking his advice.
After hearing the case, he said there
was difference of opinion as to the
power of Grand Jury. "You can un-
doubtedly," he continued, exercise
your discretion in certain cases, and act
as you think is for the best interests of
society. 1t is both right and proper
that the Grand Jury, and also the Dis
trict Attorney, should be clothed with a
discretionary power, as it frequently
happens that they can do more good by
exercising it than by following the
strict letter Of the law. l will give you
an illustration Some years ago, the
case of young man charged with en-
bezzlement was placed in my hands to
prosecute. His employer was deter
mined to push the case; he was rather
ugly about it, and there seemed no 9TH
er course than to prosecute. The young
man was out ON bail, and came to me to
beg to be let off. He said he was guilty,
and should SO plead that he had an in
valid sister, and with the utmost econo-
my on his small salary he was unable to
support himself. He knew that this was
no excuse for his theft, but he took the
money under great temptation, and did
not realize the enormity of his offence
until after he had committed it. "You
can send me to the penitentiary," he
said, and nobody can blame you; but
you will ruin me for life, and bring dis
grace upon my parents and sister, who
do not know that l am charged with
crime. If l can be released and the
matter hushed up, will faithfully prom
Use to do better in future, and think
this will be lifelong lesson to me-"
He pleaded so earnestly that promised
to do what could for him. l sent for
his accuser, and urged him to withdraw
the charge. At first he refused, but /
laid the case before him in such light
that he at once consented. And then
urged him to take the young man back
and give him new trial, and after much
talk succeeded. The complaint was
withdrawn the young man was restor-
ed to his position in little time his
salary was increased; by-and-by the
firm dissolved in consequence of the
death of one of its members the young
man went to another house, proved him.
self worthy of confidence, and to-day he
is a member of that house, and as honor
able and upright as any business man in
! New York. He has never forgotten