The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1872-03-08
GRAND JURY STORIES.

-
lews:-
Now many days after we were
convened, case that touched the |
heart of every man in the room
was brought before us. A young |
girl had been accused of theft; q |
few dollars in money had been
stolen; it was found in her posses
sion, and she was made partial
confession. The complainant was
a woman, and the accused had been
in her employ. When the case
was called the woman entered the
jury-reom and was sworn by the
foreman. She took the chair
assigned to witnesses, and the fore
man questioned her.
did you lose some money!
eyes, sir"
"When did you lose it?''
Son the first day of December
"Who took it?"
"The girl named in the COM
plant"
"Howido you know she took itF'
81 found it in her possession,
and she confessed taking it"
"That will do; You can CO."
But the woman kept her seat,
and moved her hands uneasily.
"You can CO." said the foreman
again, but she did not start. A
juror sitting near the door rose to
show her cut, and as he did SO the
woman said
II do not wish to press the COM
plant. / want to withdraw it, and
have the girl released"
"Why SOP" asked the foreman.
Because" and her voice began
to choke, "because the girl Is
young, and / do not wish to ruin
her. Somebody else urged her to
steal the money, and think she
will do better, in the future. If /
send her to prison she may become
professional thief, but if I give
her a chance she will be q good
girl. She is an orphan and has no
friends, and I want to be her
friend. know she is guilty, but
1 want to be merciful, and I 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 outside and he would
call her again in a few moments,
and inform her of the result other
eloquent appeal. "Be merciful,
gentlemen" were her last words as
she closed the door.
twas voted TO dismiss the COM
plant, and when the foreman called
her to the room, sold her of the re-
suit of the vote, and commended
her for her kindness of heart, her
tears flowed afresh, and she thank
ed through broken sobs. / know
that in that room mors@yes than
hers were wet-eyes not accustom-
ed to tears.
But soon a discussion arose as
INTO the rpopriety of our actio.
When the Grand Jury was i'm.
paneled, the following oath was
administered to the foreman -
"You, Lucius s. Comstock, rs Fore
man of this Grand Inquest, shall dill
l
make, of ali such matters and things a
shall be given you in charge; the coun-
sci for the People of this State, your
fellows and your own, you shall keeE
secret; you shall present no one from
envy, hatred, or malice; nor shall yot
leave any one unpresented through
fear, favor, affection, or hope of re-
ward but you shall present all thing
truly as they come TO your knowledge
according TO your understanding: 81
help you God !"
/ And to the other members the
following oath was admins
tered =
"The same oath which your Foreman
has taken on his part, you, and each O.
you, shall well and truly observe anC
keep on yosr part: So help you God Z
Some of the jurors thought we
had no right, under our cath, tc
show favor, no matter how strong
] might be the appeal to our sympa
thles. Every man in the room
wished to be lenient, but at the
T same time, above all other things
wished to do his duty. The dis
! cussion resulted in our sendins
, for the District Attorney and ask
ing his advice.
! After hearing the esse, he sale
there was a difference of opinion al
{ to the pewer of a Grand Jury
, "You can undoubtedly" he con
| tinued, exercise your discretion
, in certain cases, and act IS yor
, think is for the best interests O.
, society. It is both right and prop
, .er that the Grand Jury, and also
the District Attorney, should bt
clothed with a discretionary power
as if frequently happens that they
can do more good by exercising il
than by following the strict letter
of the law. I will give you an il
= lustration Some years ago, the
r case of a young man charged with
t embezzlement was placed in my
| hands TO prosecute. His employ
| er was determined to push the
case; he was rather ugly about it
? and there seemed no other course
than to prosecute. The young mas
J | was out on bail, and came to metz
} beg to be let of. He said he wa
/ guilty, and should so plead thai
, he had an invailed sister, and Will
? the utmost economy on his small
salary he was unable to supper
E himself. he knew that this wal
no excuse for his theft, but he tool
4 the money under great temptation
and did not realize the enormity
/ of his offense until after he hat
= committed it. you can send mt
J, to the penitentiary,' he said, tanC
nobody can blame you /; but yor
l viii ruin me for life, and bring dis
, grace upon my parents and sister
who do not know that / am charg
ed with crime. If I can be releaseC
l and the matter hushed ~up, I vii
; faithfully promise to do better il
} the future, and think this will b.
5 q lifelong lesson to me- He plead
t ed so earnestly that I promised K
do what I could for him. I SEN
for his accuser, and urged him t.
: withdraw the charge. At first b.
!, refused, but I laid the case befor,
him in such q light that he at las
consented. And I then urged hin
to take the young man back anC
give. him new trial; and aftel
!, much talk I succeeded. The com
4 plant was withdrawn, the youns
5 man was restored to his position
in little time his salary was in
t creased ; by and by the firm dis
solved In consequence Of the deatI
Of one Of its members !; the younl
man went to another house, proved
himself worthy Of confidence, an(
to-day he is Q member of tina
house, and - honorable and up
right as any business man In New
York. He has never forgotten
e and never viii forget, that lesson