New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-07-20
N1TOR BOODT'S SO-CALLED REDRESS

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WITOR BOODI'S SO-CALLED REDRESS
1.-THE Ncw-York san" brings temperate
and wcll-con>dcicd article on the Grand Jury
prcsentmcnt t, a close bs affirming its faith
in the personal honesty of the May or of Brook
| lyn. We had not supposed that this WIS the
point at issue. Certainly The two Grand
Jurics which have Investigated the Columbian
celebration expenditures and the granting OF
the railway franchises have not impugncd his
| honesty. One jury recommended The bringing
of a civil suit against him and other officials
on the ground that the expenditures were
| Illegal. The other jury have conSurcd his en-
duct in approving of the granting of the fran
| chiseS when it had been openly charged by
an excluded competitor that it had been taken
by surprise, deprived of proper information
and opportunity for bidding, and dealt with
unfairly, illegally and fraudulcntIy. Neither
Grand Jury minated that Mayor Body profit
ed personally by these Transactions. Both
Grand Jurics have established a prima facic
case of misconduct against him. Mayor Body :
cXpcriencc. like that of his predecessor, has
demonstrated that no Chief Magistrate of
Brooklyn, no matter how upright he may be
in private and business life. can avoid being
drawn into municipal scandals so long as he
is associated politically with the Ring and Gang
which rule the town.
1.-The Sun; lays stress upon another point
with its usual acumen and lucdty. 1t argues
that the Grand Jury, by declaring that there
was a prima-faco case Of criminal guilt
against the Mayor, left him absolutely without
redress if they were wrong in their judgment,
and consequently that it was right for the
Court to enable lin To lay before the public
the evidence on which this attack upon his
character was based. We would remind our
ncighbor that Judge Mo0re'S decision does not
enable him 10 do this The evidence before
the Grand Jury may be described as contained
within two cOnccntrc circles The inner circle
is the legal evidence which would be admitted
in trial before ordinary panel. That body
of evidence the Court allows the Mayor 10
examine and make public. The outer circle
contains an additional volume of evidence.
partly hearsay and largely infcrentlal, which
is admissible when prima-facic case Is 10 be
established by "A Grand Jury. That body Of
evidence, which was vital TO the prcscntmcnt
Of the Grand Jury, Is excluded by the Judges
decision. Consequently, when the Mayor pub
fishes the legal evidence and asks the pco-
pie of Brooklyn to believe that he was unjusty
censured, he will be compelled to Suppress much
that was essential 70 what our ncighbor de-
scribcS as "prma-facic case of criminal
guilt" \ publication Of that kind will be "A
very Enthusiastically method of securing
dress, if the Mayor be innocent
Moreover who is to decide whether the
Mayor or the eighteen Grand Jurors are right
in their judgment of the evidence? When the
revised evidence is published there will be an
issue between him and them which neither
partisans nor newspapers nor the pubic can
settle, especially when much Of the testimony
shall have been suppressed The fact that
the motion made by the Mayors counsel was
not based upon any action at law pending in
any court ought 10 have stood i'll the way of
the Judges decision. rs it is, the Mayor OBJ
tains access TO a portion of the evidence with
out having the power of bringing his issue
with the Grand Jury before any tribunal com
pctent u decide it, unless he adopts the cX-
IRENE measure of having some of the wit
nesscs indicted for perjury. If he does this. we
are confident that 1.-The SUM- will frankly
the Grand Jury system.
Judge IlppncOtt, in his Instructions to the |
G.: rand jury in jersey Cts who had Shilkcd |
the duty Of indcing lottery dealers, laid down |
the law respecting the nature Of the cXamlna- |
ton of witnesses in Grand Jury room. |
There are two classes of examination" he |
ito which witness may be sub
cctcd one which draws but mcagrc facts from
him the other which draws from him all the
knowledge he possesses. 1t is the latter which
he Grand Jury should make" Under Judge
NooIes decision the results If the exhaustive
method are to be withheld from the public.
Mayor Body cannot get redress i'll that way
lie may, however. attempt t. subject witnesses
o prosecution for perjury, t. crafty private
vengeance and if he does that, future Grand
Juries in Brooklyn may is well abandon alto
,cther the investigation of municipal affairs.
or witnesses will not testify. That result
would satisfy every rascal in office in the town