New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-07-18
JTDGE MORRIS DECISION

~ our HODHi - DI>'f'fV-''
Judge Moores decision to allow Mayor
Body to inspect the minutes of the Grand
Jury we deeply regret While he asserts that
the granting of such motion Is not an unusual
thing, and that the right and powers OF the
Court to take such action are incontestabe,
his hesitation and delay in reaching the con-
cluson are at variance with these confident
declarations. and he justiiics his conduct main
~ on grounds of eXpcdiency But II Is on
those grounds that we dcprecate his acton.
The obvious effect of the decision Will be TO
discredit the conduct Of the last Grand jury
and IN future to discourage and paralyzc Grand
Jilries whose duty it may be to investigate the
conduct of public officials 1t will also operate
to intimidatc and silence witnesses who may
be called upon to testify before Grand JullcS
respecting politicians in power. 1t VIII tend
to deprive Grand Jury action OF the clements
of secrecy and nviolabllity which are essential
to its efficiency. From these points of view
we are forced to condemn the decision as a
public misfortune, without questioning the
motives of the Judge WHO rendered it.
The Courts argument from expcdiency turns
upon the official position of the Mayor 1t
asserts that if the Mayor has done things
which in the Judgment of the Grand jury de-
serve indictment, the public has the night to
know if he is a criminal. Everybody" the
Judge remarks /" is interested in this mat
ter. If the prescntmcnt that was made has
no legal foundation the people are entitled to
know that" How then, docs the Cout pro
nose that the people shall Learn what they are
entitled to know? BY putting the Mayor ia
possession of the minutes and allowing HIM to
publish them i'll whole or i'll part at his dis
creton and in this way enabling him to DIS
credit one or more witnesses by having an
other Grand Jury bring in indictments for
perjury This is certainly a remarkable way
of enlightenng the public, which the Court
declares has the right to know whether or not
Mayor Body is " criminal"
Since there is no appeal from the decision, the
people of Brooklyn will have to make the best
of this eX paite method OF bringing ont the
facts by enabling the Mayor TO obtain the
minutes and to do what he likes with them.
They will be greatly surprised if the Mayor
after reading the evidence comedies with the
Judgment of the Grand Jury that he really
ought to have been indicted With ingenious
counsel behind him to encourage him in main
tanning his self-respect. he will probably con
clude that the Grand Jury were wrong, and
that they condemned him without adequate
proof The public will then have the Mayors
Judgment against that of the eighteen Grand
Jurors Whether that will convince unpreiu
diced citizens that the Mayor in the Judges
words is not ga criminal remains for the
present an open question.
Indeed it is apparent that the Mayor must
publish the evidence and allow the public 10
Judge of it. If he holds any portion OF It
back, he will not deal fairly with the public
which has the right by the declaration of the
Court to know whether or not he deserved in
dictment. But when his ex partc statement is
published, there may be differences of opinion
about it, Many impartial citizens may agree
with the Grand Jury that he deserved indict-
ment. How can the direct issue between the
Mayor and the Grand Jury be settled? Plain
~ not by the OK parte pleading of Mayor
Boody's attorney that the evidence did not
Justify their conclusions. In order TO clear
himself he cannot depend upon proving that
there was insufficient evidence for the pre-
sentiment He must impeach the testimony Of
the Grand Jury's witnesses.
Judge Moore by his decision has opened the
way for a systematic attempt on the part of
the Mayor of Brooklyn to discrcdt the iudg-
ment of the Grand Jury, and to convict of
perjury witnesses testifying in confidence and
under time -honored safeguards of nyiolab:lity.
We do not believe that any public end will be
promoted by the procedure. We apprehcnd
much harm from the establishment of a. vicious
and revolutionary precedent.