The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-17
BERGH'S ECCENTRICITY.

THE IMMUNITIEs AND PRIVILEGES OF THE
GRAND JURY INvADED-oPINloNs OF STAND
ARD wRIrEIs-FEELING AMONG THE JURY
MEN AND THE LEGAL FRATERNITY.
The action OF Mr.. Bergh in sending a commune.
cation TO Mr.. c. 5. Delevan. foreman OF the Grand
Jury, which was discharged oy Recorder Hackett
on Monday, severely rejecting upon that body for
falling to find an indictment in case presented
by him and In which he was interested as the
President OF the Society for the Prevention Of
Cruelty to Animals, has excited the astonishment
even Of those best acquainted with the peculiarl-
ties o that eccentric philanthropist. The feeling
Is becoming very prevalent and nowhere more so
than among the legal profession. that
this genIeman-armed with the extraor.
binary powers which compliant legislatures
have conferred upon bim-has become
monomaniac on the subject to which he has de.
voted his life, and as such infics such annoyance
upon society Is to make himself almost unbear
able. Everywhere bis extreme action has brought
discredit on the cause which ne represents, and
his appearance or that or his employees In court 10
the invarable signal for shrus or dissatisfaction
or a smile OF contempt. At the same time 1t ia
lair to state that tue good which has been accom-
plished by him and the society which he repres
sents is very great and the only regret is that Its
continuance and increase should be jeopardzed
by the course pursued. In view OF the good thus
accomplished, his interference with gentlemen's
coacn norses-proverolay the best taken care OF
animals In the worid-and other manifestations
OF his ldiosyncracies have been tolerated
with sort OF good natured annoyance;
out MS last movement, In aiming blow
at an institution regarded by all Englisn-speaking
people as one OF the most sacred. has aroused q
feeling Of Indignation, and the very general hope
Is entertained tnat Recorder Hacxett win so en-
phatcaIly vndlcate tue majesty OF the law IN the
premises that IL vii! tend to restrain the exu-
berant zeal OF the offender In the future.
The existence from time lmmemoral OF those
rights OF the subject OF when the Grand Jury -
among the most prominent has mad the effect OF
their real importance IS apt to be lost sight IN
order 10 u realization OF the
ENoKMIrY OF THE OFFENCE
It may be well to consider what the Grand Jury Is
and what the safeguards and Immunties which
the law throws around II. Under our American
PERSONAL security OF the citizen unless the Grand
Jury IN It's original character be retained strictly.
State constitutions stringent PROVISIONS exist. the
substance OF which is tnat no person. except In
shall ne ned TO answer for a capital or otherwise
INFAMOUS crime or FOR any offence above petit
charged on preseutment or Indictment of Grand
Jury. 1t Is one OF the oldest saxon laws and in
us nndam men character has never been
matter OF common interest. one OF the jury
would rise and take
THE FOLLOWING oArH:-
which YOU shall command me on the part Of LARD
the King nor VIII Tor anything omit so TO do So help
me God and these Holy Gospels
At a later period. IN order to secure proper al.
ministration OF justice, not only were the jury
CURED TO swear To make true presen tment, but
that the COmmonweaitn's counsel. their iellows'
aud their own. they snail Keep secret" The jury
are 10 examine all witnesses to satisfy themselves
or the propriety of putting the accused on trial
they are the sole judges Of the credit and cond.
dence to which witnesses before them are entitled.
VI the secrecy TO be observed IL extends to the
value given In any case to the evidence OF the
witnesses and to the murications OF the Jurors
to each other. The disclosure or these facls unless
under the SANCTION or law would rerdcr a Juror
liable TO punishment by 1ne or Imprisonment. In
order Co secure proper discharge OF his duties
the Juror Is surrounded by tine law with protection
against any interference from 81 tside Influence
To attempt TO bride, to Brighten, 70
INFLUENCE BY THREATS
OF Injury to his person rcputatiO is entirely
inconsistent with the impartial exercise OF his
duties, and the law looks upon sucn action as
him from defending himself against unjust mpu.
tarions and to permit offensive reflections and
have tendency 10 disturb and divert him from
calm and impartial exam inatIon OF cases brought
commonwealth as to whether the rnas OF pub l
justice viii Justly an indictment IN any given case,
and the due discharge OF his duties Includes right
to Judge or the motives and the animuS OF parties
who make complaints.
These are the principles laid down and elabo.
rated by all the standard legal writer's the SUBJ
ject anu = consideration OF them must make it
apparent that the Crane Jury system would be-
come altogether failure II At the whim OF or
under the misguided, though well intentioned,
judgment or any dissatisfied complainant, COM
munications may be addressed 10 the Grand Jury
assembled. containing threats, CRITICISMS or con-
demnatory charges. 1t might as well be supposed
tnat the administration OF justice would sc pos
sDle II at the close oil every trial any dissatisfied
sutton was at liberty TO arise in court and pour
out upon tue Judge and Jury any reflections which
choose to utter. The only avenues for commune
cation with the Grand Jury As long established by
District Attorney, and the greater wonder Is that
any man OF intelligence in this age should ignore
this fact
THE FEELING OF THE JURY.
Though the communication OF the Grand Jury
upon the sHolect to his Honor Recorder Hackett
was or the mlcest and most temperate character,
1t was known throughout the court that they were
affected b. feeling OF profound Indignation.
when questioned concerning lt yesterday, The
foreman OF the jury MIR. CHRISTIAN ). Delavan.
stated TO a HERALD reporter that the jury were
divided between a feeling OF astonisnment and IN
dignaiion. 81 do not, OF course intend to betray
the secrets OF the jury roomp be sad, but as tn
matter is before the public, suppose may prop
ers say that the feeling vas very intense indeed.
SO much so that tearing some action would be taken
to sootne the more violent by representing that
Bergh was carried away by his zeal IN u good
cause The iact is he Seems to tnlnK that courts
and juries ought to move in obedience To his nod.
His manner IN the performance OF his duties Is not
agreeable and tends 10 excite antagonism toward
him. Ol course, as We ound no Dill In the case to
winch he refers there was no evidence to Justify
one Indeed the Case had less support IN the evi-
thrown out. The feeling throughout the commu-
nifty Is becoming. think, rather opposed to
Bergh; but OF course that had no eject upon our
minds. There Is scarce a grand jury Sus wnat
Bergh is before 1t with his com plants, and though
no such feeling was manifested among uJ the re-
are those VINO regard MIN as little better than a
nuisance. There wasn't shadow OF testimony
which would justify the Indictment OF the man
against whom he complained. Why, even on the
showing o. his own witnesses the man was inno-
cent. or course we elt integrity was I'm
pugned, but are Wiling to leave our vlndcaton in
the hands OF the Couri.n
REC0RDER HACKETT,
when questioned upon the subject, said to the re.
1
no man has right to send q communication 10
any grand jury or receive any animation OF
criminal investigation passing under the consd-
GRAFTON OF that body and a person so doing is
guilty OF contempt OF court. Mr.. ElDrdge 4.
Gerry, counsel OF the Society or the Prevention OF
cruelty TO Animals appeared before me his MORN
ing aud stated tnut Mr. Bergh wished to submit
certain anldavits concerning what transpired in
the jury room. | SAID to him that no matter what
happened tGcre 1t furnished no justification for a
communication OF the character OF that addressed
e,red 70 h.rs tha Isor,nr ~ 10 nreS.rt