The New York herald., 1874-08-24
The Oath Of Secrecy and How
e Binds.
MALTEAsANCE I'm OFFICE.

rior Court with the Commissioner OF Jurors acting
as clerk. The Sherin is responsible for the sum.
m0ning OF grand and petit jurors, which he does by
deputies, and charges for his labor In his quarterly
bill submitted to the Comptroller.
THE JURY SYSTEM.
Tho system OF indictment BY grand Jury ana
trial by petit jury is taken from tho common law
Of England. Grievances and inismes have re-.
suited from this system, and It has long been Q
question among legislators and citizens whether
or not jures should exist. During the reign of the
notorious political ring Of this city both grand and
petit juries were often made The cloak behind
which to screen public crimes and also to punish
many VINO might have made themselves Obnoxious
to tns powerful political combination. 1t is not
the purpose OF this article to decry the jury sys-
TEN, but TO point out some very curious Dlts OF
history in which great evils have been committed,
plackmsil and other outrages said to be.attempted
and star chamber proceedings OF q villsnous type
conducted. or late years the people OF this city
were frequently regaled with all manner OF
political outrages. The ring robbertes are scarcely
uneartned when others follow In marvellous
succession, Our venerable and centennial states
man, william F. Havemeyer, has been charged
with all sorts OF crimes; Andrew H. Green. Comp
troer OF the city, Is daily the cynosure for attack
and exposure; the Commissioners OF Charities
and Correction are arragned Tor nlchlng the
peoples money In paying exorbitant prices Tor
various goods; the Sherln's ONCE, under the ad-
ministraton Of william G. Conner, Is being at
tackled by lawyers and their clients for charging
illegal fees. Where Is 1t going to ends tE
THE GRAND JURY
are authorized and instructed to indict all ocsls
who may be guilty OF any malfeasance In ONCE.
The Importance OF this body and Its influence
In the administration OF public affairs Is, there.
lore, OF an extraordinary character In this
country. They sometimes actually have In
their keeping the advancement or destruction
Of political parties, and 1t is. therefore. a
matter Of much importance that their duties
should be exercised with the strictest care and
alter proper advisement. During the manlpula-
ton OF the ring dynasty 1t is asserted that jurles
both grand and petit, were drawn, packed anu
moulded to suit their particular interests. How.
ever this may be, 1t Is suspicious circumstance
that Notwithstanding the tremendous outcry
raised against the leaders OF the Tammany Hall
ring Tor years. no grand jury was found to indlct
them until the rotten fabric was actually totte4ng
to its 1sn and public opinion clamored for and
forced their Indictment.
POLITICAL PULL.
1t Is q singular TACT that the political party in
power generally controls ana moulds the indlct-
ments OF that body. But Individual cases
have arisen when the voice Of public sentl-
ment has warned the wire pullers and cried
.hands Of" great questions OF public interest and
policy being at stake. At the time OF the ndict-
ment OF Tweed Connolly and other members or
State Sta OF city was Ia tue hands oi Tammany % % Hail
There is little doubt that grand jurles were
packed 10 the interests OF these men while In
munity Knocked at the door OF the Grand Jury
room, and the result was their indictment and the
conviction and Imprisonment OF some Of them.
But a short time since we had the indictment OF
Garduer and Charck, two men strong IN power
and politics. Public opinion also there came to
ments Tor election frauds. But how is /; that 1t
qulres TINS uprising OF the people to receive justice
right, right then there must be some thing rotten.
ularity for one class OF unscrupulols
not be used as football to be Kicked nither and
thitner upon the held OF political STRIFE, BY ex-
tracts IRON the writings OF some OF the ablest
prominent professional and public men by q
HERALD rcpresen tatlve, some very important con-
slderations are here given upon TINS important
subject. The republican and democratic parties OF
this city are agiated on the question.
DANGER TO DISTRICT ATTORNEY PHELPS.
being banded irom mouth to mouth. The repub-
lcans claim that the Grand Jury is being tam
personal ends and say that the District Attorney,
Benjamin X. Phelps. is not the man Ior his post.
tlOL dS uc uilOWS duu ID COSulZaub OI tuIS inter-
terence. threats are made BY the radical organic
alton to throw Mr.. Phelps overheard from the
political bark which noated him into his
an angry puonc sentiment, increased with
the robberies Of the ring. Tne District
keys OF the Grand Jury room. Their meetings are
strictly private and he is their principal adviser.
eXceedines popuar with ali Who nave ,,eS come IN
contact with hlm In his Official capacity. He says
he has kept strictly to the letter OF his duties and
n m a nfNnn IA httvNn tau
bers bound 10 cause trouble In any organization.
THE GRAND JURY's ORGANIZATION.
Bishop In his work on criminal procedure, gives
much attention to the question OF grand and
petit jurors. AS to the iorfner ne says:-"At CON-
mon law grand jury lor the transaction OF bust.
ness must consist OF not over tweut ~ three per-
sons and not under twelve. And this rule Is fol-
lowed either by lorce OF the common law or by ex.
there are states IN which 1t is varied by statute
Thus In Louisiana the number Is not TO exceed
sixteen; In California, while it must not exceed
twenty.tnree, 1t Is not TO be less than seventeen in
Arkansas IL muss not be less than sixteen
Twelve Jurors must at common law concur In ind
ing the Indictment, aud there need not be more
than twelve either concurrlng or actually present
or even have nominal existence on the panel"
was District Attorney OF this county, prepared an
exceedingly useful pamphlet for the instruction
several suggestions and aids for grand jurors.
condensed history OF the system Is also appended.
He says:-"rhe Grand Jury is OF saxon origin. It
Is composed OF sixteen as the minimum and
twenty.three as the maximum number. Twelve
must concur TO ind bill or to dismiss 1t. Hence
the nuneral sixteen, because twelve Is three
tourtns OF that least number. Hence also the
numerai twenty three, OF which twelve Is
majority Those interested In tracing the
interesting historical associations, can do so
In the pages of Wilkes "Anglo-Saxonsn and Hal.
lani's Hae's and Crabs HISTORIES &c says Black
stone on this subject. $50 tender Is the law OF
England OF the lives oi the subjects that no man
can be convicted unless by the unanimous voice OF
twenty.lour OF his equals and nelghbors; that Is,
by twelve at least oi the Granu Jury In the hrst
place asserting to the accusation, and Afterwards
by the whole petit jury OF Twelve more hnding him
guilty upon his trial. Before being sworn 1t is
competen: for prisoner under bail or in Jail to
challenge any juror In that the latter Is conn.,
paInant or prosecutor or q witness, but in no
other cases. After person mas been indicted
without PRIOR arrest lie loses this right A lore
man Is selected by the Court. On arriving IN the
Grand Jury room the first duty Is to appoint a
clerk preserYc minutes OF thrlr nrnceedlnQs and