The sun. [volume] (New York [N.Y.]) 1833-1916, 1883-07-15
The Recent Coupon Frauds-Extraor.
binary Action of the Grand Jury.

binary ActiOn Oh the Grand jury
At the beginning Of tho July term OF the
Court Of General Sessions Judge GLIDER
SLEEVE particularly directed the Grand Jury
to inquire into the alleged frauds in the
Comptroller's Office in this city, by which
payments We're made twice upon the same
interest coupons. On Friday the Grand Jury
adopted resolutions declaring that no suffi-
cicnt or exhaustive examination into these
frauds has heretofore been made, and ex-
pressing the opinion that they should be in
vestigated "by parties absolutely impartial,
and not in any way connected with the city
Government or any part or branch thereof"
These declarations were followed by this
direction to their foreman:
Reso,red That foreman this Grand Jury be re-
qested nsk the Boards of Directors OF the
and Traders, the Park and the Fourth National Banks
OF tis city to each designate expert bookkeeper
(three In alb skilled In accounts whose duty 1t shall be
to inquire and search into the alleged frauds in the
Comproiler's ONCE; also to examine tho methods Of
keeping the books and accounts Of the said office also
recommend any change which they may deem proper to
be made for the better protection Of the public interest
in the system and methods existing in the Comp
trolers Office and report tho to this Grand Jury
or its successors"
The Court was informed of the action OF
the Grand Jury, and Judge GILDERsLEEvE
Is reported to have approved the spirit OF
the resolutions. Ono account OF tho pro-
ceedings says no afterward told some of the
jurors privately that while there was no
doubt of the right Of Nc Grand Jury to in
vcstigate any of the public offices to see
whether crime had been committed, there
was no fund for the payment Of experts.
Some of tine jurors thcreupOn expressed n
willingness to contribute literally for this
purpose.
OF course, whenever there is reason to be-
lieve that crime has been committed. 1t is
not only tho right, but the duty, OF the Grand
Jury to cndcavor to ascertain who arc the
perpetrators; but they are not at liberty to
make the investigation in any manner which
happens to suit their fancy, nor can they
properly delegate their powers to commits
sion Of bank experts, as IL proposed by tho
resolution which we have quoted. They are
to act upon competent legal evidence. Here
they propose to employ expert book
keepers to examine tho accounts OF
q municipal department. They do not
select these experts themselves, but
ask somebody else to select them.
They do not even name the persons who are
to make the choice, but simply request that
1t be made by the Boards OF Directors OF
three different banks. Probably there is not
man on the Grand Jury who could give the
names OF majority of the members OF any
one OF these Boards. The plan thus pro-
vided for Is in no sense an investigation by
the Grand Jury, but an investigation by
paid bookkcepers whose relations to the
Grand Jury may BIO described as twice re-
moved.
Then these experts are not only to ascer-
tain the facts disclosed by the books and
accounts In the Comptrollers Office; they
are also to make recommendations for re-
form. They are to recommend any change
which they deem proper to be made for the
better protection Of the public interest In the
system and methods now existing in the
ComptrOller's Office"
This is the business OF legislators rather
than OF Grand Jury; but oven il it were
otherwise, the Grand Jury evidently does
not intend to discharge tho duty ITSELF for 1t
has delegated the work to the three experts.
Still further, 1t appears that these experts
are not to he called before the Grand Jury In
person when that body roassembles, but they
are merely to submit their views In a report.
They are "tO report the same to this Grand
Jury or its successors" So that we have
here plainly expressed intention to dlsre-
gard the provision OF law now contained in
the following section OF the Code Of Criminal
Procedure:
"skcTios 2I6. The Grand Jury can receive none but
legal evidence"
Judge GlLpERsLKEvE must know that
such report would not be legal evidence for
any purpose connected with tho proposed
investigation. Tho whole plan contem-
plated by tho resolution IL Outside of all
regular methods of judicial proceeding. 1t Is
preposterous, and should not be tolerated
With competent Commissioners Of Accounts,
competent public prosecutors In tho District
Attorneys Office, and competent Grand
Jury. the usual methods would effect all that
can BIO accomplished toward ascertaining the