, 1874-12-13
for him to refer the Court first to tho BlI OF

shnt
lid to snsper for criminal oGensc, unless an
dictment OF Grand Jury, except in CASES in which
punishment ia BY fae or imprisonment, etc.
The Grand JuEx vas an institution ws'5kno
certain Qualifications, who Ind gone through
formula Of being eworn in open cou
Tho statute OF this State defined vii
those qualifications should be, but. for t.
purpose Of the point It was NOT necessary 70
fer TO them. The main question vas, Could t.
Legislature repeal the Bill Of Rights they hs
done great many things through lobbying. b
had never accomplished that, unless it should
10 held in this case. The attempt vas Gle!
enough. and this was not the only State
which It had been made, and he thought II
Court. II governed by authorities, would have
trouble in arriving at 4 proper disposition
the question. He then quoted from hisnop
~ Criminal Procedure - to the effect that r1gi
vas no right Whatever, and that however muc
tho Legislature might change forms, tho court
must conattue its acts SO as not TO leave Ii
prisoner remedlleae.-
The Legislature, in tho Statute IN reference
Grand Jrrics defined certain things fora certal
Dnrrose. the intent Of which IVES to secure
Erand JurT of unquestionable character; in 9th
er words "hcdged about the getting OF a Grans
jury Tor tho purpose Of keeping it FREQ from i'm
purity. Suppose it had appeared that Alr. Gas
that he had sat rs such for firt
or ak terms-uhen tho array wa:
made in. court for the purpose d
being sworn: He submitted TINT tho Corr1
about it-that ho had not come there providen-
italy; and il compelled to any proof upon the
point he wonld show that state Of facts.
THE QUALIFICATIONS OF GRAND JURORS
were then advertod to, and the question asked,
II it had appeared that one OF the Jurors was .
'.sucklng;;" or under q years OF age, would
not that, be valid objection to the Grand
Jury? If so, WAS not the fact TINT Ar.
Taylor waa over 60 years OF ago at
:he tino he was impaneled an equally
Ealid objection. : 1t would not be pretended that
. Grand Jury could be drawn under the Law, for a
Eenetal term Of court unless the qualifications
required we're complied With, and therefore tho
snlv remaining question was, could the Court
override the law by issuing special yenire. and
uake jurors out Of different material than that
pointed out by the law.
In commenting upon the statute authorizing
:he Court to order q special venire to
Issue. Mr. Asay eaid the Court could only
10 that in certaln emergencies. But
A GnAyER QUESTION
arose here The Criminal Court had its regular
terms. Could it be pretended that. at a regn-
lar term OF court where Grand Jury should
have been presented under the law, and none
by the officers whose duty it WAS to
get it, the Court could By right, seek Grand
Jury among special vcnire. and make jurors
out Of different material than that pointed out
By the law?
The statute authorizing the Court to order
. special venire was then critically ex-
a-nined. The Criminal Court had its regular
Terms, and could it be pretended that,
when legal Grand jury should have been re-
turned, but was not. it became the duty OF tho
Court, BY right, to seek Grand Jury elsewhere
than at the hands OF the properly-.uthorized
persons. What was intended By, and what was
Known as, q special yenire, was one than al |
emergency during session Of the court requir- |
ID, and the court was limited to persons quail |
led by law. It did not properly appear to the |
Court {Judge Moore) that special Grand jury
vas needed. and the snmmonins Of the Grand
lsainst Mr. Storey was an attempt
OH the part of the officers OF. the law to bridge
over chasm caused by their negligence, The |
Judges had fallen in the habit OF allowing Grand
lures to be summoned in this elip-shod way. and
would result. The system had beeu tried aud
ouud to be corrupt, the jurors being iu the
'ower OF tho Bailif who served the writs, he &C.
cctine whom and where he pleased. He desired
0 impress upon the Co:rt
TUE OBJECT OF THE LAW,
nd if it mad not been complied with there vas
nut one thing to be done-commence over
gain and find another indictment. lie UNDER
TODD that his client had been indicted
= another special Grand Jury (she present opo>.
|lis city since the transactions complained of,
ut they had not found true bills against him, |
2ereiy by accident. Ho protested against the
ackiug OF Grand Juries, siuce it was outrage
pou public justice, aud one which the Court |
hould rebuSe rather than tolerate. Thn Legis-
ature having hedged the Grand Jury for tho
urpose OF preventing its packing, the Court cer-
ainlr would not bo anxious to encourage tic
rac.!ce. and thus override the intens Of
lie Lawmakers of the State As to the
lea itself, it had been admitted thet a plea IN
batc1nent was the only proper mode OF reach
u the question: Mr. Eoed in drawing the in
'ctment had followedthe old common law form,
:ading one to suppose that 3fr. Storey was .
Iarr1ed, and married since tna Indictment was | {
1und. Ine rule VAS where one had been held |
, answer charge he had right to expect the |
PRIVILEGE OF PASSING UPON TIE GRAND JURY;
was his duty to be in court and challenge the
rray, OF challenge the poll when the Gra1,d Jury
as arrayed before him. Tho exception was (as
J this case) where party, avoiding the usual
aths OF Justice, slipped INTO the Grand Jury
3om, obtained an indictment secretly, and caus- i
1t to be brought into court: and then, for the c
tst time, the defendant found he was indicted :.
he plea stood confessed The only answer Of :
red was that the Legislature had enacted that I
no indictment shall be quashed by reason Of i
70 disqualification Of. any Grand Juror" c
nat .ppessls ss % p50pt ths esse es said of se
re: 6o years OF agei bnt Was it an answer to !
I'D no original jurisdiction, under the circum- {
ances, to issue the writ: That the officer in |
<ecuting it By swearing in the ju1otB improper
returned by him. made up the whole Grand
ny? He did not object to the disqualification n
one particular juror. but to all Of them, the l
III OF flights securing to every man in Ii
e ',n community t,naa the night to be tried n
sauy-constituted Grand Jury. II the Grand
" was not so constituted, he sobmit1ed
lat the Legislature had no right to cut off that q
sht. They bad only attempted to cut Oft =