The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-24
PUBLIC NUlSANCES.
Recorder Hackett's Rebuke TO
the Grand Jury.
THEIR DUTIES DEFINED
The Board OF Health Should Have Been
Indicted, Not Examined.

In Wow Of the recent developments as TO the action
OF tho Board OF Health In having, as alleged granted
permits 10 certain iertilizing and other manuiac'
claimed TO DO nuisances and the fact that the
Grand Jury had summoned the President OF the
Board as witness, it being rumored that there was
prospect OF the Health Com ssoners being indicted,
Recorder Hacket, presiding In Part Of tho Court 81
General Sessions, yesterday. took OCCASION to COM
ment upon tho subject
When the Grand Jury came into court TO hand up
batch OF indictments, His Honor said:--
MR. FOREMAN AND GESrLxMgx-It has been com
municated 10 me on reliable authority that you nave
felt it 10 De your duty 10 MAKE an examination o.
Board oil Health Learning this ac u is my duty
10 INFORM you that you have gone beyond your duty.
You have no right whatever 10 do luis. put ~ 70
you and to your common sense whether II a man -
charged uh burglary, larceny or u uroor, you are
an act Of superauous nonsense ON tue part OIL pny
man number vi mcnf You are to judge wnetner
these men nave committed q wrong upon evidence
that sha be submitted 10 YOU What they previously
HAYS done Is tue question Tor you to pass upon DO
you suppose that these men. alter they have
Suffered this state OF things 10 exist Tor
year and u half two years In TINS city,
wit nin the knowledge OF halt m Hon oil people, Will
moi try 10 excuse The se!vcsf You arc try the
fact whether snese men are guilty or not you are 10
say there IS sufficient evidence IN the case 70
justly you IL finding That there Is reasonable cause
10 believe that they have been guilty oil wrong so
Hndng, 1t is your duty TO leave 10 petit jury the
right TO whether the case should DC tried oy
attention 10 this because II is wonderful-l have
never known OF such u case-lhat where u man 10
charged with the commission Of y crime you me
Grand Jury, should keep This matter 10 yourselves,
and, allowing nouody out the District Attorney 10
know OF IT, should invite these gentlemen 10 use every
persuasion 10 induce you not TO perform your
duties.
THK LAW IN rHE CASE.
Gentlemen, beg you TO think oil this. Inc law Is
SO plain. You 0niy to hear evidence on behalf oil
.nc prosecution. The law from time immemoria-the
English law adopted ~ Us; any aud al law 10 thls
hnuo rtul n
men 10 defend themselves ana say that they are not
guilty. they viii nave the time, II you urc satisfied
they have issued these PERMITS 10 answer as 10
what they have done, aud whether they shall be
responsible for the wrong they havc committed.
Mr. Amidon foreman OF the Grand Juryl-Wouid Il
De proper for me to make statement
The Recorder-Ccriainiy, sir; l shall be happy to
hear anything from you, gentlemen.
Mr.. AmIdon-l would state that the District Attor-
ney or an Assistant District Attorney informed US We
might call tho defendant witness We yielded TO
a strong pressure in this matter becaase-
Tho Kccordcr--l do not believe lhat any District
Attorney can snow any law winch permits this 10 be
done. IL is, think, wrong. With the same SIM
cerity that induced me to bring this matter before
you, ! say nov what l consider tho law, that you
have rgnt TO invite any man who has been guilty
OF wrong TO testify before you.
MT. Amidon-lt was stated to US that cases had oc-
Seos no Grand jury
trict Attorney Boil was the gentleman VINO made the
statement.
YOU l give you the law al understand Il, aud you
are 10 depend upon my construction OF u and not
upon that OF the District Attorney.
CHARGE.
The Grand Jury tnen retired. The remarks oil HIS
Honor created u profound sensation throughout the
building In Part oil the Court OF General Sessions
tho trial Of Enoch D. Coo for maintaining nuisance
was proceeding, at which werc present Professor
Chandler and members OF the Board OF Health,
awaiting me res ult OF case IL Is generally
pccted Ihat viow OF tue action OF Recorder Hackclt
the Grand Jury will IND an Indictment against tho
Heauh Comm ssonere.
: BELL THINKS.
Assistant District Attorney Ben, on being interro-
gated about the matter, said that what the foreman
OF the Grand Jury had said he believed the
Grand Jury had the right t. summon witnesses ro
that would enable them 10 gain additional Ugh,
upon the subject OF their inquest He had frequently
givon this US his OPINION even had prisoners sum-
moned iron the Tombs TO appear before the Grand
Jury. He believed they had a perfect right 10 sum-
mon the President oil tho Board oil Health any
person before them from whom they have reason 10
think any important I'M ormation may b0 obtained