The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1877-07-14

man of the Grand Jury for making a false pre-
sentiment was still more rash and ill-considered
1t was, undoubtedly grave mistake ON the part
of the Court to seem to interfere in any way with
the proceedings of the Grand Jury in matter of
so much interest to the whole county in the nves-
tigation of county expenditures and of the ac-
counts OF the county officers, especially when as
sured by the Grand Jury that there were possible
charges of fraud, embezzlement, conspiracy and
other misdemeanors involved. twas, if possible,
a still greater mistake in the Court to assume that
any Investigation of the kind must necessarily as
sumo political rather than judicial character,
and that evils complained of, if shown demonstra-
bly, to exist, could only be corrected at the ballot
box and through the force of public opinion
The fact that the peOpleof Baltimore county could
dispense with the services of corrupt, negligent
and unfaithful officer by failing to elect him at
the expiration of his official term cannot interfere
in the slightest degree with their right to have the
unfaithful officer held amenabe to law if his Of
Tense should be found to amount to n violation of
law. That was matter which the Grand Jury
alone could investigate and, with the advice and
assistance of the States Attorney, properly deter
mine. 1t was not the province of the Court either
to limit their inquiries to forecast their probable
result. In assuming to do this the Court, in our
judgment seriously erred. The Judges thought
the investigation in which the Grand Jury were
engaged would lead to no practical results, and
ings and the ballot-boX. The court had no right
to assume the former fact, and was mistaken about
the latter. The Grand jury, practically "cut
short" in their investigation by the announcement
of the Courts intention to adjourn the next day,
presented the Court for malfeasance and for inter
rupting their investigation. Legal doubts have
been raised whether this action of the Grand Jury
was not premature, and did not anticipate the
tual commission of the offense charged. 1t is al
together probable that every practical result which
could possibly be attained by the presentment of
the Judges would have been reached quite as eff
ectually, if not more so, by protest on the part
of the Grand Jury against the adjournment of the
Court, couched in language equally temperate and
firm, and setting forth explicitly the reasons and
the necessity for their remaining in session. The
effect of such protest upon public mind would
| have been more immediate and decided than has
| been produced by the presentment. People natur-
| ally ask, the presentment be sustained will
| it not be ignored by the next Grand Jury! will
an indictment founded on it be good The pro-
test, on the contrary, would have spoken for it
self, and presented the issue quite sharply and
| far more definitely than the presentment. AnOth-
| er advantage of such course would have been
that it would have left no handle or opportunity
even for such action Judge Yellott has taken
| unadvisedy we must suppose-unwlsely 1t is GER
| tain. Surprising even that a Grand jury could
| be criminally prosecuted for making present
|
| sion-a doctrine which might expose Grand
| Jury to prosecution in every where person
indicted by them should be acquitted upon trial
| the idea of singing out the foreman as the one
| particularly guilty seems to be little less than
absurd. The presentment must necessarily have
been the act of a majority of the Grand Jury, and
the foreman may not even have been one of that
number. The secrecy with which the law wisely
and necessarily guards the deliberations of the
| Grand Jury makes it impossible to prove how any
| individual member of the body voted, and upon
that ground, if no other, Judge Yellott's charge
against Gen. Berry must fall to the ground. So
much depends upon the respect in which courts
and the administration of justice are popularity held
that occurrences which are calculated to weaken
that respect have an injurious effect upon society
| far beyond any harm which was done to the indi-
viduals concerned. 1t is for this reason particu-
| larly that the recent occurrences at TOwsOntown
are most to be deprecated. The members of the
| Grand Jury wellknOwn citizens, and nobody
can seriously suppose that they or their foreman
were influenced in their proceedings by any other
consideration than a sense of duty. Their error
if any, does not justify such charge as Judge
| Yellott has made, and this probably the Judge
will be wise enough to in time, if he does not
| realize the fact already"