Daily globe., 1882-09-28

below answered. The court appointed
Maurice Auerbach foreman of the Jury, so
that the jury thus formally organized
stands as follows:
Maurice Auerbach, foreman.
VIM. Llndeke, R. N. McLaren,
j. w. McClung, VIM. s. Combs,
A. H. Wilder, S. M. Cary.
s. G. Arbuckle, L. E. Reed,
Adam Fink, Charles Hoffman,
T. S. McManus, John Hallen.
VIM. Duverne, A. R. Keifer.
John Bell, VIM. Kettleton.
w. l.. Perkins.
THE CHARGE OF THE COURT.
The charge of the court was rather long
or than, usual owing to the fact that the
judge felt called upon to direct the atten-
ton of the jury to the alleged felonies of
1. F. A. Studdart, and to the compounding
of those felonies by Studdart and others.
After referring to several matters and
giving the usual statutory charge, the
court said:
AS isindicated in the general charge
have read from the statute you are not re-
quired to give that thorough investigation
to cases coming to your attention, which
they will receive if brought to trial before
petit jury. You are not expected ordi-
narily to look further than into the testi-
mony of the prosecution, and yet you are
to remember that no innocent man can be
put to the disgrace and the expense of a
trial without your consent, and often a
trial though followed by acquittal means
bankruptcy of reputation and of fortune
both. And SO you have the fullest power
to investigate every charge and it is your
duty to seek any explanation which cir
cumstances may indicate to exist. You
should endeavor to prevent the use of le-
gal process for the purpose of venting per-
sonal spite or malice where no crime
against the state has been committed On
the other hand you must not forget that
in this state no person can be held
to answer for any felony except
upon the Indictment of a grand jury, no
criminal can be brought to justice except
you take the initiative. These suggestions
duties are at once delicate and all impor-
tant and that they should be discharged
with the greatest care.
SPECIFIC INSTRUCTIONS.
With one or two exceptions know of
no specific offenses to whichsI should di-
rectly call your attention. Within a few
months (since the last grand jury met) it
has been stated in the public prints of the
city and has been part of the current
talk of the street that well known citizen
of this county, the trusted agent of large
insurance corporation has been detected in
extensive criminal operations by which
his employers and others have been de-
frauded of large sums of money-the
charges embracing the crime of obtaining
money by false pretences, and the crimes
of forgery and perjury and following
these reports has come the statement that
the matters have been satisfactorily settled
and that there is to be no prosecution.
do not know that any of these reports
are true, but they have gained such public
ity that it is undoubt-
edly your duty, especially in
view of the later reports, to make full in
vestigation. So far as know no criminal
proceedings have been instituted in this
connection by the parties Immediately in
terested, but as you were told in the gener-
al charge, it is your duty to investigate
where you have reason to believe that a
crime has been committed, whether the
shall make complaint or not. It is natural
that one who has directly suffered by the
perpetration of a crime should seek repair
alton for his losses at the hands of the
wrong-doer, and this is legitimate, but to
take anything from the criminal with an
agreement to conceal the offense or not to
prosecute therefor, is to license crime and
make it impossible for civilized society to
exist. Such an agreement, be it express or
implied or only an understanding, is itself
crime, it binds no one and it must not
for moment be tolerated. If there is to
be punishment for crime at all it ought to
be as certain as anything human can be,
and it ought to be meted out to all crimi-
mails. 1t would be sarcasm upon the ad-
ministration of justice if the expensive
and imposing machinery of our courts ex-
listed for the punishment of the tramp and
vagabond who steals coat to cover his
nakedness, while he who improves his
large opportunities to despoiling those
who trusted him with thousands should be
able to buy his peace, and you should
investigate in this case, not only whether
a felony was committed but whether
felony has been compounded.
Another point to which I wish to call
your attention is this: 1t is customary to
find fault with the cost of criminal prose-
cutions. 1t is said that grand juries some
times fail to find indictments because the
county will be involved in large expense.
My observation has led me to believe that
the public officers charged with the duty of
conducting criminal prosecutions are usu-
ally not extravagant in their expenditures
for those purposes, and it is undoubtedly
true that no public money is better spent
than that judiciously used in the prosecu-
used directly in training men to be good
citizens. 1t would be an expensive time
for any community when it became known
that it could not afford to punish its GRIM