The Evening critic., 1882-04-04
singular Legal Proceedings.

10 he Edit0y Of The EcojD0 CyRic:
Asa constant reader Of your valuable paper,
and knowing that your legal reports are
usually accurate permit me to Inquire for
myself ana others, among whom lt has been
subject OF discussion, whether It ls correct
that Mr.. Merrlck, one OF the counsel for the
Government, stated in his argument In tho
star;Bonte cases last saturday m,
and was told by him that pyiraie
btprie,rS took place 5ei,cooa him anil me
forcndn Of The Grand Jury, M. Jesse n. WILSON,
Grand Ju1y and ont QTconp1, in which the Judge
gave him Instructions In relation to finding
indictments, and that the foreman afterward
irict Attorney instead of nling them In opon
court in the presence OF the whole Grand
nSrm img me Will Whether ySMq M pss ss0 Said HHt se
had seen presontments two weeks before
they were nled in court, and whether It is true
that they were hawked out to portion OF the
press Immediately after being placed In the
District Attorneys hands? The public Is
largely interested In these matters, and for
this reason l seek Information through your
widely-read paper. CITIZEN.
Mr.. Merrick in his argument did make
statements Of the nature put by the above
correspondent, and many were surprised to
hear him make such an announcement,
especially those best acquainted with Judge
Cox. They cannot believe that the latter
would enter into private interviews with
attorneys interested in cases pending be-
fore his court, and upon which hereafter he
may be called on in the Court in Bauc
to express an opinion.
If the fact be as stated by Mr.. Merrick,
what is the use of an open court? and what
has become of the independence aud sacred
ness of the judiciary?
Mr.. Bliss did say that he had seen the
presentments and certain papers two
weeks before they were presented by
the Grand Jury, with accompany
ing indictments, in court. A great
many persons who know Mr.. Bliss
truth would have disbelieved this state
ment had it not been for the fact that about
the time he fixes as having seen the
presentments they appeared in the
papers which he is in the custom of using
to parade his interviews before the public.
1t is understood that the foreman does not
deny doing it, and District Attorney Cork
hill has stated that the foreman placed the
presentments in his hands about o'clock
on the evening that the Grand Jury voted
to present the parties for indictment. 1t
is high time that these and other irregu-
larities affecting every citizen should be
looked into unless the rights of citizens
are to be placed in the hands of irrespons-
BILE officers of the law and in disregard of
its established principles and regulations.
{. THE CRITIC does not claim to be in all
things reliable judge of law, but in some
particulars it prides itself as being posted.
1t says that no presentment is good or
proper unless made in the presence of the
whole jury in open court and handed by
the foreman to the presiding justice and
entered by the clerk in substance
upon the records of the court
any other course is dangerous and tamper
ing with the rights of the citizens and call;
for marked condemnation. In support Of
our views we refer among other cases tc
State VS.. Cox, 9th Iredell, 40, and Com
monwealth VS.. Tiernan, 4th Grafton, 5l5
1t is perhaps fortunate that this subject
is before Judge Wylie, who has the reputa-
tion of being not only an able lawyer
but possessed of an independent character
which cannot be swayed by any outside OF
governmental influences.