The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-24
REBUKING A GRAND JURY.
RECORDER HfCKETT SAYS TINT THEY
H1YE DONE 4 WRONO.
The Examination of Nitucsscs in tchnir vi the
Board OF Health ~ step Over the Hounds
of Duty-Two Constructions of the Law.

The rxnminntion Of witnesses in Behnir orthe
Fonrd OF Health ~ step Over the Bounds
of Duty-Two Constructions OF the Law.
Tho first outcome ~ the Grand Jury's
consideration " the uropricty " indicting the
Board of Heath was seen in the General Scs
sions yesterday When Foreman Amidon pre-
sentcd Il batch Of indictments. tho yield OF the
days work OF the Jury. TO Clerk Hail. Recorder
Hackctt arose deliberately. Tho Grand Jury
stood up. Then Recorder Ilackett said
Mn. FoRrAlN AND GrvrlSsrs ~ rnK GRASp jury It
has heen communicated 70 me by ieiabc authority
mat you have felt 1t 10 be your duty to make an eNan
nation of President Chandler and witnesses ~ be-
holt Of the Board Of Health Learning this 1t is my duty
t. inform You that YOU have gone your duty You
have no right whacvcrI put il to YOU, and to com
mon sense. whether II man Is charged With burglary
larceny murder To ask him that he Is not
guilty tins Isnot this sur eriluous tor any
nance number ofmcntodoi Youar' toindee whether
these men have committed wrong. upon evidence that
shah he submitted to YOU. What they may have pte
vousy done IS the only suon for To pass upon
DO YOU suppose that these going to say, when
they have suffered this state Vt things exist year
and half or two years I'm this city within the knowledge
OF hall million ~ people, that they Will not Try To
cus' themselves You are not to try the fact whether
these men guilty not You 10 whether
there Is sufficient evidence to Justify YOU In finding that
there reasonable cause TO believe that they have been
guilty II wrong So finding It's your duty to leave "
petit jury right and duty mud whether the
should be tried by the prosecution and the defence
simply call your attention 10 this fact gentlemen, be.
cause u is wOndcrtul have known VI such
that where man is charged with the commission Ut
crime the Grand jury who should keep this matter
to yourselves letting one, excepting the District At
torncy. know oft should invite these gentlemen to
every personal persuasion to induce you not ~ perform
your duty.
Gentlemen her You to think Of this Tho law Is so
piain-i hold 1t IN my hand. Here his Honor raised
law book above the rim 1t the bench You only to
hear evidence In behalf of the prosecution. The law.
from time irrmcmoriai-thc English law adopted by us
and All law In this cases that YOU have right 10
invite these gentlemen TO defend themselves aud say
they are not guilty They will have the time II Won
satisfied that they have done this thns-grautci these
pcrnits-to answer rs to what they have DONE and
whether they shall be responsible Tor the wrons they
have committed.
Foreman Amidon-Would IL be proper for mo
20 make ~ statement
Recorder llackft-Certainy. sir will feel
happy to hear anything from you. gentlemen.
Foreman AmidOn-I would ike to state that
the District Attorney. or AN Assistant District
Attorney. told us that. I'm certain case. we
might call the defendant rs a witness. We
yielded 10 strong pressure in ihis matter be-
Recorder Hackett-I do not believe that any
District Attorney can show any law that permits
this 70 he done. | regret that MS has boon
| done. II II, | think. u wrong. With the same
sincerity that induced me- To- bring this matter
| before YOU. say now. what consider the law
that you have no right TO invite my man who
| has been guilty Of wrong. according 10 allcga-
| ton. TO testify before you.
Foreman Amidon-ft was said to us that cases
We're 'r called before the Grand jury Assistant
! District Attorney Bell was the gentleman who
made the statement
Recorder Hackett-I have no other remarks
| to make to you. give You the law Hs | UNDER
stand II. and you are to depend upon my con-
sirucuon OF II. and not upon that OF the District
| Attorney.
This animated dialogue was accepted by some
| as the torerunner otthc Indictment of the Board
| OF Health A loud buZz-that safety valve OF cx-
| cited spectators-arose ms the Grand Jurors,
bowling 10 Recorder Hackett. filed out OF the
| court room.
Assistant District Attorney Bell said to re-
| porter that he informed the Grand Jury that.
| according TO law. they are entitled to summon
| before them any one on earth who may be- able
| 10 give them light upon the case that they have
| under consideration. They may even have
| prisoners taken from the cells Of the City Pris-
| on. Foreman Amldon has had prisoners
taken from their cells 10 testify before the Grand
Jury.
boar in his summing up, in the trial OF Enoch
| q. Cpe. proprietor Of an Extensively Odorous
fertilizer factory nj Hunters Point. l.. l.. in the
| General Sessions yesterday. was the argument
that Coo was the least guilty OF the proprietors
| Of tho fertilizer factories. Coe. when he under
that as na Mas sSgH
| oiorous, moved all its appurtcnnnccs. at "a cost
Of slo0O00. 20 Barron Island. Tho other pro-
! prleturs II fertilizer ta'tori"- did not stir.
Assistant District Attorney Bell in his sum
ming up. cuntrudcd that tho same plea will boz
made in the trial Of every one OF the other in
di.ted proprictors Of fertilizer factories.
Judge GiidersleeVe charged the Jury with a
| remarkable degree Of moderation. lie warned
the jury that they must not Nh up any gaps iu
the testimony with prejudice arising from
The jury were absent from tho court room
only fye minutes. They returned the verdict
.Julse Gniorslceve deferred the sentence un.
james ii. Mcealf Bushrod Gibbs. Amasa
| Spring. CYRUS HAYNES. oliver Sahneckor
VIM q. stshlnocker, and Oliver Crane Indicted
foril,th. and Foriy-nrst streets ami the North
river, gave ball yesterday, each III 5000.