The sun., 1893-07-02
Tho Divagations of Juries.

In the administration Of the jury system
1t Is quite important that both Judges and
| jurors should distinctly understand not
only what are the duties Of juries. but the
limitations which the law places upon the
| exercise Of their functions. Otherwise both
| grand and petit jurors may usurp powers
| which. though regarded as entirely unob-
| jectionable in the first instance when mani
tested as against persons who are unpopu-
lar. would become simply intolerable IL ex-
] ercised under ordinary circumstances.
In this city only the other day. when q
case Of considerable popular interest was
on trial before Judge Of high character
and ability. the jurors were permitted to
| applaud one OF the rulings OF the Court.
According to the published accounts of the
| proceedings. no effort whatever was made
to restrain this conduct on their part, nor
| were they even censured for 1t. This was
all wrong. No demonstration OF applause
OF disfavor should be permitted in a
| court any more than in church, and least
of all from any OF the twelve men who
participate with the Judge for the tmo
being in the administration Of the law. II
| people want to applaud they should go to
the circus. or the Worlds Fair. or a civil
service reform meeting. A juror who
makes the slightest demonstration OF this
kind should be warned that it is a disturb
ance Of the proceedings which cannot be
| allowed: and upon a repetition OF the Of
fence he should be sent from the jury box
to the jail!
In Brooklyn. too. there have recently been
some remarkable proceedings on the part
OF jurors in the Court OF Sessions OF Kings
The nnfit iurv which trin
LIAM MCKEE. q member Of the Brooklyn
Board Of Aldermen. for alleged completely
in the frauds growing out of the Columbian
celebration. after finding verdict of not
guilty. sent letter to the District Attor-
ney in which they declared that although
from the evidence and the law as laid
down by the Court they had acquitted
the defendant. nevertheless they be-
lieved that a great fraud was practised
upon the city. and that they did
not wish that the acquittal of MCKEE
should in any way prejudice the prosecu-
ton and punishment II possible. OF the Of
Tending parties. This communication was
harmless. but it illustrates what seems to
be prevailing tendency on the part Of
jurymen to go outside their own province.
and do something more than simply to dis
cnaTRe Cnelr uutleS. NODOuy, VIC DelleVe,
seriously doubts that a great fraud was
practised upon the city of Brooklyn by
somebody In connection with the Column
bian celebration. The main difficulty is In
fixing the responsibility.
more recent cause for public scandal In
Brooklyn Is the conduct Of the Board of Al
dermen In granting certain franchises for
the construction OF street railroads. This
conduct has been investigated by the June
Grand Jury. and that body has made re-
markable presentment. in which 1t declares
that the franchises were awarded with
financial loss to the city. and 1t then adds
this:
-Ths Grand Jury sincerely regrets its inability to
present an Indictment against these members OF tho
Board OF Aldermen and his Honor the Mayor but un.
der the law interpreted to by the learned District
Attorney We md ourselves precudsd from SO doing"
When the Grand Jury ascertains that an
indictable crime has been committed, one
of two courses Is ordinarily adopted. II
the evidence indicates who are the guilty
parties. an indictment is found against
them. II the evidence merely shows that
crime has been committed. but falls to dis
close the perpetrators. a presentment is
made to the Court stating the fact. and the
inability OF the Grand Jury to ascertain who
are the guilty parties, to the end that
further efforts may be made by the pub
lie authorities to identify and apprehend
them. 1t is certainly novelty In the
procedure Of the courts In this country for