The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1872-03-09
GRAND JURY sT0RIas.

vened, case that touched the heart Of
every man in the room was brought before
us. A young girl bad been accused of
theft few dollars in money had been
stolen it was found in her possession.
and she had made partial confessicn.-
The complainant was a woman, and the
accused had been in her employ. When
the case was called the woman entered
the jury room and was sworn by the fore
man. She took the chair assigned to wit-
noss.s, and the foreman questioned her:
'Did you lose some money p
''Ycs, Sir"
"When did you lose it p
'On The first day of December"
"Who took il 2"
''The girl uamed in the complaint"
GLOW 90 you know she took it ~
81 found ii in her possession, and she
confessed taking it"
THAT Will do you can go"
But the WOMAN kept her seat, AMI
moved her hands uneasily. ''YUu can
GO, said the foreman again, but she did
not start. y juror sitting near the door
rose to show her out, aud as he did so Tie
woman said:
Il do not wish to press the complaint.
want to withdraw it, and have the sirl
released"
"Why so ?" asked the foreman.
Because" and her vOico began to
choke, ''because the poor girl is young,
and do not wish to ruin her. Somc>
body else urged her TO stea! the money,
and think she will DO better in future.
If | send her TO prison she may become
professional thief, but if give her a chance
che will be a good girl. She is an orphr n
AMI has no friends, and l want to be her
fienl | knew she is guilty, but v ant
to be merciful, and beg you to be merci-
ful, gentlemen
Half her Ctterance was drowned with
tears, which flowed rapidly down her face
The foreman told her 70 step outsiIe and
he would call her again il n few moments,
and inform her Of the result Of her eloquent
appeal, "Be mercifuI, gentlemen" were
her last words as she closed the door
1t was voted to dismiss tie complaint,
anil when the foreman called her to the
and Commended her for her Kindness of
heart, hor tears flowed afresh, and she
thanked us through broken sobs. ! know
that in that room more eyes han hers were
wtt-ayes not accustomed to tears
But soon discussion arose as to the
proprieiy of our action, When the Grand
Jury was inpaneled, the following oath
was administered to the foreman
"Yon. Lucius S Comstock. as Foreman Of
chaj
aud true preseutment make. Of all such mat
ters and things as shall be given you in
charge the counsel for the People Of this
State. your fellows and your own. you shall
keep secret you shall present no one from
envy. hatred, or malice; nCr shall you leave
any one unprcsen'ed through fear. favor, af
fection, or hope Of reward but Won shall
present all things truly as they come to your
knowledge, according to your understanding
81 help You God!'
And 10 the other members the following
oath was administered
"The same oath which your Foreman has
taken on his part, you. and each of yor,
shall well and truly observe and keep on Yonr
part. So hep you God !"
Some of the jnrors thought we had no
right, under our oath, to show favor. no
matter bow strong might be the appeal to
our sympathies. Every man in the room
wished to be lenent, but at the same time.
above all other things, wished 10 do his
duty. The discussion resulted in our
sending for the District Attorney and ask
ing his advice.
After hearing the case, he said there
was difference of opinion as to the power
of a Grand Jury. You can undoubl>
edly," he continued, "exercise your dis
cretion 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 District Attorney.
should be clothed with discretionary
power, as 1t 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 a young man charged
with smbezzlement was placed in my hands
TO prosecute His employer was deter
mined TO push the case, he was rathc r
ugly about it, and there seemed no other
course than to prosecute. The young
man was out on bail, and came to me to
beg 10 bs let off He said he was guilty.
and should so plead; that he had an in
valid sister, and with the utmost economy
on his small salary he was unable to sup
port himself. He knew that this was no
excuse for his theft, but he took the money
uncer sTea: temptation, and did rot realize
the enormIty of bis otlense uutil after he
had committed It. You can serd me to
the penitentiary, he said, 'and nobody
can blame you; but you will ruin me fer
lie, and bring disgrace upon my parents
aud sister, who do not know that am
charged with crime. If | can be released
and the matter hushed up: v ill f it f lly
promise to do better in future, and think
this will be life long lesson TO me- lie
pleaded SO earnestly that | promised 10 do