Daily globe., 1881-01-13
GRIND JURY WORK.
Judge Brill Given Some Detailed Instruc-
tions.


tions.
Upon the opening of the district court,
yesterday morning, thu Hon. Judge Brill
delivered his charge to the grand jury.
After alluding to the pro visions OF the
statute relating to the general duties OF
the grand jury, the court gave some sea-
sonable instructions concerning the right
and duty of the jury to investigate and
punish malfeasance in Office and to
rigidly investigate both private and pub.
lie offenses. In this respect, the court
spoke as follows:
l wish to call your attention Il little moro
definitely to one or two matters which are en-
braced in the general charge / have read to
you from the statutes. You have been told
management of public prisons in the county.
These are as much part of your duty as any.
thing you are called upon to do. A broad
construction has generally been put upon the
work of the grand jury in this connection, at
least so far as the prisons and Offices of the
county are concerned, and 1t has come to be
the practice to inquire into the public busi-
ness and into the condition of all public build
ings under control of the county or city, and
GUS subjects coupled with suggestions and re-
Communications. Th-se Investigations are
useful, and the recommendations are often
most valuable. A misapprehensiOn has some
times arisen because the court has taken no
action upon these reports. The court has no
power to act upon them further than to make
them public. The court can act only when
PUBLIC OFFENsE
has been committed. 1t very often happens,
too, that the body which has power to aci
upon the suggestions of the grand jury fails
to carry them into effect But this inability
on the part of the court and neglect on the
part of others, in no manner absolves The
grand jury from the duty enjoined upon il
BY the law. As well might the court refuse
to try criminals because the executive of the
State sometimes annuls the Judgment by a
pardon. These Investigations and reports are
Important though no formal order be entered
carrying out the recommendation made. l am
not of those who believe, or affect to, that
men in general and public officers in particular,
are dishonest, but it is desirable for all uen in
positions of trust to know that their work
must stand inspection. Loose and unsafe
methods of doing business which produce or
are the opportunity for defalcation and lois,
often result from lack of supervision. Thc
Investigation of grand juries, though neces-
|
and their reports at least
CALLS PUBLIC ATTENTION
to any evil that may exist. Public opinion
under our form of government is most pow
erful corrective, and to direct public attention
to abuses in public affairs is to do much
towards their reformation. 1t has been said
that the grand jury has sometimes failed to
find indictments in important cases because of
the expense q trial we1Fld impose upon the
county. I need hardly say to this jury that
no such consideration can for moment be
tolerated 1t is undoubtedly desirable to light
en- the burden of taxation, rigid economy
ought to be insisted upon in administering all
public affairs, and so far as is consistent with
efficiency, the least expensive methods ought
to be provided; but the burden to any commu-
nifty of criminal prosecutions, however great,
is nothing as compared to the calamity
which befals it if it happens that its criminals
60 unpunished. "There is that withhOldeth
more than is meet but it tendeth to poverty
That community which cannot afford to
punish crime is but one step from barbarism.
One other caution I wish to give you. That
WHEN CRIME HAS BEEN COMMITTED
you are not to be governed in your action by
the attitude towards the accused Of the person
suffering the more immediate loss. He may
through the importantly of friends, or because
his private injury is repaired, be induced to
drop the prosecution, but this does not relieve
prosecuting officers and grand juries from
duty. Crime cannot be compromised;lto act
| upon any other theory is to undermine all re
| spects for law and order. 1t should be defin.
| itely understood when crimeis committed that
prosecution cannot be avoided; that punish
ment is sure and swift 1t is your duty to act
| in cases so far as you have information. The
peace and good order of the community, the
preservation of the rights of person and prop
erty, are to no inconslderable degree, gentle
men, committed to your hands. Bearing this in
| mind, your work will, no doubt, be done wise
Iy and we'll
Mr.. H. c. Burbank was appointed fore
man, after which the jury retired.
The jury retired about 1910 o'clock
and their first day out was remarkable
for the industrious manner in which they
prosecuted their investigations.
The first case taken up was that of the
boy, Adolph Moeller, charged with assault
with deadly weapon on his father, Adolph
Moeller, Sr In this case several witness
es were examined and the jury will return
true bill.
The case of Thomas Mobiles, charged
with larceny from the person of grang-
er named Daniel Donovan, was next con-
sldered and although the testimony is
somewhat vague it is thought that he will
be indicted.
The case of the three bold burglars,
Louis Murphy, Peter Morgan and J. Har-
rison, charged with paying midnight
visit to Meyers tailor shop, was taken up
and the official inquiry will result in
three indictments.
The district court having adjourned
until tomorrow morning, the grand jury
will probably not report until that time
Mandamus Applied for.