The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-08-29
COURT or OYER AND rERmIxsH.

Getting Ready for tho Fall and Winter
Cumpaign-The Grand Jury and
Judge Davis Charge.
The Court OF Oyer and Terminer met at eleven A.
M. yesterday, Judge Davis presiding. There was
quite large crowd in attendance in the expecta-
ton that the trial of causes would be entered upon
at once. All the business done, however, was
swearing In the Grand Jury and the Judges charge
to them.
THE GRAND JURY.
The following gentlemen were sworn in as grand
jurors cortland De p Field tforeman), Theodore
7. Wilmeday, Daniel w. Chapman, william l.. COle
Ignatz Stein Isaac Henricks, Artemus Knapp, Ru-
tus NJ. Stivers, william p. Ross, Charles f. Hunter,
Theodore L. Isaacks, Philip Lyons, Lewis Levin
good, stephen Cutter, John Fitzpatrick, Joseph
Frank, stephen S. Chamberlain, Alexander Turn
bull, John G. Gutzberger, Henry Clottenberg, Henry
David and Charles p. Cummings.
CHARGE TO THE JURY.
Judge Davis charged the Grand Jury as fol.
lows:-
Mr.. FOREMAN AND GENTLEMEN OF THE GRAND
JURY-The Assistant District Attorney informs me
that you will not be detained a very great while in
object in calling you together at the present time
is that that business may be ready Tor the COM
mencement of the courts in October There are
Just now large number Of persons in jail, and it
Is extremely desirable that business should be in
sucn condition that the courts may not be de-
rapidity, having that part OF the business, far
as your attention is concerned, previously per-
as to the number that constitutes quorum
and how they, were as far as practicabe
this point to consult the District Attorney,
or, II they saw proper, to take the advice OF the
Court, and not put the county to the expense of
trials which must fail OF necessity. After this
planation he went on to say that there is sase
OF individual prosecution TO which l have to call
your attention; but am required by the statute
offences. These are The disclosing OF the finding
OF an Indictment against q person for felony who
Is not in custody; extOrtion by public officers.
exacting fees beyond those allowed by the statute;
usury, or the taking of greater interest than Is
allowed by law Tor the loan OF money, which, when
the offence is contaminated, is punishable by fine
and Imprisonment; the setting on foot of lotteries
These
GIFT LOTTERIES,
so numerous In the community, are undoubtedly,
In my opinion, within the law. They foster a spirit
Of gambling and the acquiring OF property by
chance. That is the mischief which It is intended
by the statute TO prevent. am bound to call your
attention to breaches Of the Excise law and the
law for the purity OF the elective franchise Really
one OF the most Important prerogatives OF the
Grand Jury Is to inquire into these offences, as no
can be punished Tor violation OF these laws
we know that the purity OF the ballot box lies az
the foundation OF our institutions 1t Is not likely
that you VIII nave TO inquire into offences of this
kind at present. but 1t Is very probable that there
are numerous violations OF the statutes at every
annual election: have also to direct your atten-
lZ,.
that passed to prevent
FRAUDS ON STEAMBOATS,,
the OBJECT OF which Is TO protect eIngrants, whom
the Legislature has made peculiarly the wards OF
the Grand Jury OF this city, their arrival here by
steamboat and alter they land. You will also in
Quire into offences against the late law to suppress
OBSCENE LITERATURE,
the object being to prevent the poisoning OF the
virtue OF the land IN It's fountain In the minds OF
youth. Ii Is unfortunately true that the publishing
and circulation OF vile and obscene literature pre-
walls to an extent which Will astonish you when
your attention is called TO 1t. The parties who is
means to circulate them. They used the
United States mails until Congress made IL
felony TO do So but they made OF
every other artlfice to reach the minds of the
character, and the Legislature has made 1t q most
serious criminal offence to circulate matter OF that
kind. II complaints OF that character are made to
you you ought in justice to yourselves and for the
1t that as far as In your power steps be taken TO
suppress these offences. There Is no other special
subject to which the Court Is 10 call your atten-
ton. You will probably not be detained more
up quickly, so that the indictments may be ready
for the October term. Gentlemen, you may now
retire.
TIE JURY AND THE DISTRICT ATTORNEY.
At the close OF the charge the foreman stepped
up to the Judges bench and made whispered In
quiry. Judge DAVIS resumed:-
"Gentlemen-fOur foreman asked me TO instruct
you, as Grand Juries are sometimes In doubt about
IL, whether you Save right to investigate cases
not brought before you by the District Attorney.
In respect OF that you are so to speak, the foun-
tain OF justice, and you have the most ample pow
ers, and you may set on foot any inquiry that you
or favors II, IL makes no di1erence with YOU Your
authority Is ample to make all inquiries you think
propeIs fou Wag order spbp1nas- eng II 10 his