The Sunday herald. [volume] (Washington [D.C.]) 1866-1887, 1882-07-30


marily, this whole duty rests upon the grand
jury, and ii is important for our civic repu-
tation that this body be kept above breath
of suspicion as regards its motives and
action.
Walsh was the confidential banker OF some
of the persons now on trial for conspiracy to
rob the Post Office Department in the matter
of Star Routes. Whatever else may be said |
against him, these persons cannot repudiate |
him as other than their chosen business |
enemy, or as willing informer. According |
to Walshs account, which is corroborated by |
documentary evidence and attendant circum- |
stances, the Second Assistant Postmaster |
General, having coolly attempted to treat a |
bona .tide loan of $4,000 as a brbe accepted |
by him in his official capacity, Walsh, whose
sole anxiety, as he claims, was to get his
money back and escape from all entangle-
ment with the Ring, was compelled to bring
suit publicly in the courts. This brought
him to the notice of the prosecuting counsel,
who had him duly summoned and the grand
jury convened ohear him, Then began the
strange conduct of the latter body.
They came together forearmed with a
bound volume from some public library of
the testimony in Spoford against Kellogg,
contested election case before the Senate,
with which they had no earthly business.
The inwardness of this action was that
Walsh had testified in this case. But how
did the grand Jury know that, and who sup
piled the volumel In any case, a printed
| volume of testimony is no proof of what was
said or done on any occasion. (Stephen on
Evidence, Art. l4.) According to an inter
view with Walsh in the New York Times of
the 18th, none of the statements in which
have been controversial the foreman of the
jury tried to keep this volume away from
| the witness after he had discovered it and
wished to explain some matters reported
| therein. The whole jury seemed to be dis
| affected by some unseen influence working
| among them, heard this most important tes-
| tipony, supported by documentary proofs,
| with ill-concealed impatience, moved to ad-
journ while Colonel Bliss was yet engaged
with the witness, and came into court imme-
diately with an ostentatious display of dis
belief in Walsh well calculated to discredit
his testimony in the case then on trial, and
so referred to by certain newspapers whose
bias is notorious.
As the facts stand stated, this was most
deplorable and dangerous spirit to he shown
by body solemnly charged with the inves-
| tigation of crime against the Government
Carried out to its legitimate conclusions, it
would prevent altogether prosecutions for
the crimes most difficult and yet most i'm
portant to be put down-those that are in
their nature secret and confined to the knowl-
edge of a few. If any person has been ap-
preaching this grand jury even by influence
or secret information, without bribery, it
was a crime under section 5405 of the Re-
vised Statutes. And ii the grand jury were
merely swayed by prejudice, self-interest, or
a mistaken idea of their duties, it is never
theless gross miscarriage of justice, which
should not be allowed to occur again, even
if this grand jury has to be dismissed and a
new one summoned Walsh appeared as a
witness admittedly having full knowledge OF
important facts he was supported by writ
ten papers at every point the jury had no
right whatever to assume that he was com.
mitting perjury, and there is really NJ
ground for any one else to think so. What.
ever answer might be made to his revela
tions, none either was or could be made be
fore the grand jury, which deals simply with
printa tdcie cases, and should find upon prob
able evidence, as Sir Matthew Hale observes
because the bill is but an accusation, and
the party is put on his trial afterwards
For grand jury to attempt to try the cas-,
in their own minds before they have eve
heard the Governments witness is what We
have already referred to as intolerabe. Mr.
Justice Field quoted with approval to a Cali
fornia jury in 1872 the words of Judge King
of Philadelphia, in the case of Grams, Pa
, Law Jour, 4j9:
Let any rejecting mau, be he layman or lawyer
consider of the consequences which would follow,
II every individual could at his pleasure, throw hl
malice or his prejudice into the grand Jury room, anC
IS he WILL Of necessity, conclude that the rule OF LAW
y
n engaged In criminal Investigations, except through
the public instructions Of courts and the testimony
sworn witnesses is rule of safety to the community
What value could be attached 10 the doing. Of trbu
| nal so to be approached aud influenced HOW lOnG
would body, exposed to be misled and abused, b,
recognized by freemen as among the chosen minister
| Of liberty and security The recognition Of such
| mode OF reaching grand lures would Introduce
food Of evils disastrous to the purity OF the admins
traon Of criminal Justice, and subyersye Of all pub
= | lie confidence In the action OF these bodies.
r So far from yindicating anybody else
i therefore, it seems incumbent ON the gram
# Jury to yindicate itself from grave suspi
= cions attaching to it, and to show in futur
n something of the same zeal in defending the
il public interests as the one to which it sue
o ceeded as il seems, unworthily.
/ ~ m fTHg