New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-07-10
ERADTCATING SCANDALS,


Under former administrations the office Of the
District-Attorney Of this county suffered in pub
lie esteem on account of certain scandals at
taching to it, partly through the carelessness
Of the Dstrict-Attorney. but mainly because Of
tho eufpabiity of sOme of his subordlnates.
1t is matter Of qualification to announce that
they have been erssdicated by the present Dis
trict-Attorney and the able assistant whom he
has placed in the responsible position of chief
clerk, General B. B. Foster, formerly with the
United States District-AttOrney. Down to the
time of the almost simultaneous deaths Of
Distriot-Attorney Phelps and his chief clerk,
Mr. Clark, the lottery and policy rosues and
the rascals &c The Sixth-ave. and Bowery
diveso defled the law, as if they felt and
knew they had protection in the Office Of the
public prosecutor. They laughed at indict-
ments and defed the courts, and such papers
as published their Illegal advertisements derGed
the laws and treated with contempt the order
OF the Governor Of the State directing their
prompt prosecution. They were not prosecuted
until Mr. Rollins came into power Then for
tho first time the grip OF the law was laid upon
the Offenders, and with what effect7 The
"dive" keepers fled, and they are never likely
to return under any compromise" with this
District-Attorney. The lottery offenders came
forward and paid fines and went to prison, and
some Of the publishers of their illegal adver-
tisements confessed their guilt and remain
under q suspension Of sentence, punish
ment to be inflicted in the event of
their repeating the offence. Others, however,
declined to plead on the ground that one of
the Assistant District Attorneys would enter q
noUe proseQui in their cases. They are among
the most fla rant offenders; they are really in
the employ of tho lottery men; and it is 2
matter Of public interest to know upon which
Assistant District-Attorney they rely FOR I'M
munity. Tho offence is one which the laws
aro explicit in denouncing; one which the
Governor has issued special proclamatons
against; and one which District-Attorney Eol-
Inns has shown himself anxious to stamp out.
IL Is OF public Importance, therefore, 10
know who can he authorized TO enter ssolle
prosequis against persistent Offenders. 1t was
once the custom in the District Attorneys
Office to assign an assistant to the charge of
the Grand Jury" 'Th, assistant cut out the
business for that body. He wa virtually the
Grand Jury. He could keep papers and complain
ants and witnesses from the Grand Jury ROOM
He was at liberty to enter the room at any
time and to examine Witnesses and he
volunteered advice and construed law to
d
great scandal at times, and more than
ono juryman has felt and declared that
Instructions given in this way had led to a
miscarriage of justice. The custom had grown
up under the exigencies Of tho old Ring
troubles, when proceedings had to be con-
Quoted in secret and under tho direction of
officers informed Of the evidence 10 be adduced,
bnt it should never have been applied to the
cOnCtct OF ordinary eases
Mr.. Rollins has changed ell this General
Foster, Chief Clerk, sends to the jury the
papers in cases begun in the police courts,
and directs the foreman az to eases which it is
important to begin before the Grand Jury;
but thas body is left to pursue its investiga-
tons without either restrictions or volunteered
advice. Citizens are at liberty to appeal di-
rectly to the Grand Jury without reference to
the Distrlct-Attorney at all, and the District
Attorney himself enters the room to advise
the jury only when sent for. This is the true
principle to apply to the conduct of this deli
cate business; and Mr.. Rollins deserves public
thanks for returning to the simple and honest
methods which once prevailed in the " foun-
tain head OF justice the Grand Jury room.
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