The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-01-29
GRAND JURY POWERS.
Prosecutor Winfield and
Judge Lipplncott OPP
posed to Mr.. DaIy's
Bill.

Prosecutor Charles II. Winfield Is bv
no means pleased with bill No 8, intro
duced by Assemblyman DAILY In the
House. This morning l met the Prose
cutor at the Court House and asked him
il he had read Assembly Bill No. 3. which
empowers grand juriss By their foreman
and clerk to discharge persons confined
in the county Jail when not indicted
II have" replied the Prosecutor.
what is your opinion of the bill3'
MY opinion is very decided. and can
be expressed In very few words. IL is
bill which might properly be entitled
bill TO deliver the jaiIs of the State with
out the knowledge Of the Court or Prose
cutor. Il is in reality bill for the benefit
Of criminals, and not for the benefit OF
Justice"
'.why do you say sol"
Hitherto the practice has been for the
Prosecutor to send to.the Grand Jury list
OF all the witnesses who are presumed TO
know anything Of the charge. Upon him
rests the responsibility. II the Graud
Jury refuses TO indict, the name of the
prisoner is put upon a jail DISCHARGE. and
by the Grand Jury at the 1rst present
ment thereafter reported to the Court
with q request that he be discharged.
Then the Court, unless there are good
reasons to the contrary, orders his dis
charge. The paper presented TO the
Grand Jury Is then filed in the County
Clerks Office and certified COPY Is sent
TO the iaiIer and the prisoner discharged
This has been the practice from time out
Of mind and there is method and public
ity in it.
Never since Grand Juries have been a
part of the Court nave they been permitted
TO speak or act except through the Court
but this bill makes them independent Of
the Court.
IF one or more witnesses. acting for
themselves or through the machination
of others, should desire 10 get man out
of jail. they would appear before the
Grand Jury, and OF course not knowing
enough of the facts to justify indictment,
the Grand Jury would be innocently led
into dismissing the complaint. and before
the Court and Prosecutor could know
that the case had been before the Grand
| Jury the prisoner would be discharged.
OF course in such cases the main wit
nesses who knew the facts would not be
before the Grand Jury for their names
would be in the Office of the Prosecutor
to be sent out only when the case was
ready TO be Investigated.
"Under this bill there would be no con-
| troll over the action of grand jur1es by the
court, nor could they be enlightened as to
| facts through the machinery of the prose
mediately arises; in whose hands would
the people place such great powerf In
| the hands of the Grand Jury as an tnde-
pendent body or IN the hands of the court
accting upon the recommendations OF the
Grand Juryi l do not believe the answer
| to this question Is at all doubtful"
Are prisoners frequently held over in
the county jail after the Grand Jury is
dIschargedH
'By no means. During my eight years
| in this Office but i've men have been held
over, and only then by the order Of the
court There has never been a prisoner
| detained after the Grand Jury has been
discharged since have been Prosecutor,
| unless the Court ordered It," said Mr.
| Winfield
Judge Lippincott was next asked his
| opinion of the bill
such law is unnecessary" the Judge
said. 'for there is now ample power
vested in the Court of Oyer and Terminer
TO discharge prisoners upon the refusal
OF the Grand Jury TO indict. only re-
member one or two instances where the
recommendations of the Grand Jury have
not been carried out"
Assemblyman DAILY was next asked
about his bill. He said that under no cir
| cumstances would he do anything that
would cause miscarriage OF justice, but
he did not believe that mis- bill would do
so.
''Aly only object in presenting this bill
is 10 save the county expense and TO do
wrongfully accused persons justice.
Frequently persons are before the. Grand
Jury who fail to find an indictment.
| These men must be kept in Jail until
the Grand Jury makes a present.
ment TO the Court. and that
may be two weeks later in the mean
time the county is boarding these men
who have right TO be at liberty, and TO
I rt,.~s,. II
| children. My object also is to stop the
abuse of official power. Many persons
are recommended TO be discharged by the
| Grand Jury, but when the paper passes
through the Prosecutors hands to the
| Court, the Prosecutor grasses whatever
names he sees fi1 from the list arbitrarily
detains a man in jail after the Grand
Jury discharges him. 1t is to stop this
abuse OF power that / introduced the
bilLn