The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1889-07-02
Open TO OBJECTION.
But the Grand jury System
Is Not Without Its
Advantages.
IT SAVES TROUBLE AND EXPENSE.
Prosecutor Winfield Is in Favor of
1t With QualificatiOns--A Former
Grand Jury Clerks Views. a

chipping puDlSneQ IN IHE JERSEY
CITY NEWS on Friday last from the Cam
den Daily Telegram, in which the Grand
Jury system is described as a relic of bar
barism, calls attention to topic that has
been discussed with more or less fervor
for years. Have Grand Juries outlived
their usefulness? Or do they answer
necessary purpose in the administration
of justice? The Grand Jury is of ancient
Saxon origin; and its original purpose
was to enable enquiry that by its secrecy
would shield those under investigation
from unnecessary odium should the
founded.
1t cannot be said that they serve the
function any longer. The modern system
of permitting Magistrates to receive com
plants in advance of their presentation to
the Grand Juries, is destructive innoya-
ton on the old idea. They have come,
too, to be regarded SO much as political
machines, or as the personal machines of
the men who select then, used for the
punishment of innocent enemies, and for
the protection of guilty friends-that the
question whether they answer any COM
mendable purpose in modern jurispru-
dence is often mooted.
A WESTERN SYSTEM COMMENDED.
81 think" said ex-Justice r. b. Sey-
mour, who is well known as q lawyer
hereabouts and who knows what the
workings of the Grand Jury system are,
II think the system in use in some OF the
Western States the better. There is no
indictment found there by Grand jury,
but the papers are sent by the magistrates
direct to the Office of the District Attor-
ney, who causes the defendant to be ar
raigned
A great objection to the present Grand
Jury system is that man filled with
malice may go before that body and have
an innocent man indicted and put him to
great expense and trouble, and frequently
to the loss of his standing in the conf
munity he lives in; and, on the other
hand, criminal, no matter how bad he
may be, if he has pull he can so fix it
that he will escape Indictment and the
people will never know il"
THEY HAVE DRAWBACKS.
Ex-Judge John Garrick replied, when
asked,him him his VIEWS
"They are a necessary evil. Their
meetings being secret, they, in a measure,
cannot be regulated by the Court. have
often found that politics govern the
action of the Grand Jury; was clerk of
the Grand Jury. some years ago
but at the same time many
Grand Jurors are conscientious in the per-
formance of their duty. Unquestionably
Injustice is very often done in the Grand
Jury room, but still believe the advant-
ages of the system are greater than the
disadvantages.
"I do not like the plan of, having the
magistrate send the papers direct to the
District Attorney without Grand Jury
inquisition, because in many cases where
it is done it carries odium with it.
"In States where this is done people fire.
quently read or hear of the arrest and
public arraignment, and If they do not
follow the case fail to learn of the acquit-
tai and innocence of the accused If it be
so determined. Unless some better sys-
TEN than this can be devised the Grand
Jury ought to exist.
81 do not know of any system to substi-
tute for the Grand Jury. 1t is safe to say,
though, that there are more persons who
escape trial through Grand Jury than
are indicted, and if any abuse of power
takes place it is in favor of the people
Without doubt, many are not indicted
because of personal or political reasons"
SAVING IN EXPENSE.
Assistant United States District Attor-
ney DAILY answered me thus:-"I believe
thoroughly In the Grand Jury system. 1t
is protection for the citizen often from a
malicious prosecution, and l think it is
also saving in expense in petty and
trivial cases. How many hundreds of
foolish cases that would lumber the
courts but for the Grand Jury, are
squelched in the grand inquest room?
1"Of course there are frequently men not
indicted that ought to be- The Grand
Jury has bad side as well as Il good side
and politics no doubt often influence their
actions more than justice. But at the
same time we have to bear the ills for the
good the system brings with it,"
MR. WINFIELD BELIEVES IN THEM
District Attorney Winfield said EN-
phatically:-"No better system than that
of the Grand Jury can be devised by
human ingenuity. / would like to see a
new Grand Jury every month, however,
for our work has become so great that
under the present plan the jurors become
burdened with their labors, but with a
jury each month all would be well and
fresh for work"
"Then you are in favor OF Grand
Juriesy"
WITH QUALIFICATIONS.
81 most decidedly am" and with long
hesitation he added, 'if they are properly
managed"
sSWRat do you mean by that ?"'I asked.
"You know as well as do, and that is
enough.
/ Imodestly disclaimed this fiattering re-
mark and urged him to explain, but all he
would say was
II have my opinion ana don't propose
to give it for publication"
Hurt by Falling Pole.
A .,ocrX nf man eoncistiner nf Cr,,o,,a,