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

Grand Jury some astonishing statements ~ tho law.
In net # rroollyn contributes few more revolu-
,onary legal opinions such as have lately cmanat"d
from that remarkable" community. many law books
will have TO bc revised entirely rewritten.
40 one in the General Sessions Building here had
ever heard Of Il decision like Judge Moor"s before
They gazed on 1t as a comet Appearing UNEXPECTEDLY
in the legal sky They wondered AZ II freak o'
nature They eyed 1t curiou,y thing which had
never been seen before and might never b" seen
again. They looked on Judg" Moor" rs diNcover'r
OF a new and strange principle Of law which had
escaped the piercing gazcs Of all the great legal minds
Of this country and England.
Tommany Hall has never dared to proceed 10 such
lengths Ia regard 10 the Grand Jury. When Hugh
I Grant was scored for lis acts as Slcrir he merely
wiuced and did nothing. BIT the Brooklyn ring
wa. more daring Established principle, Of law r.
boldly overturned to clean little Of the stain from
di- graccd Mayor Body.
ASTOUNDING ASPECTS or THE CASE
There are several astounding aspects Of the case
which were commented In the first place, no
motion can DO made except In regard to action
pendng in the court. At least, that Is the way III
which the law Is understood In brnighed New YORK
In Ironkyn the system Of Jurisprudence passes over
This little obstacle. District Attorney Rldrway would
no, let the Grand Jury indct Mayor Bloody. because
ne was charged only With misdcmeanor. II Is
poinrcd ont in place that the charge against
him should have been conspiracy which Is felony.
No reasonable man doubt there was conspiracy
dciraud Brooklyn. In the second place. able law
ycrs here are satisfied that "A Brooklyn Grand Jury
has n perfect right TO ndict for misdcmcanor. TIL"
code gives 10 Grand Juri,s all over the state the right
To return true bills IN cases Of misdcmcanor nc well
rs Of felony. special section directs that In Kings
County complaints ia misdcmcanor case, 90 before
the Court Of Special sessions. lawyers Of ability say
that the two sections bc easily rcconcllcd. The
exception applies only to complaints h. ard In police
court. In these instances the prisoner l. held for
trial In Special sessions. No such complaint was
made in Mayor Boody's case. The affair In
yestira>ed 10y the Grand Jury In the first Instance.
The general provision 81 The code therefore certainly
applied.
AT VARIANCE WITH THE THEORY OF THE
SYSTEM
Judge Moorcs rllng Is at variance with the whole
theory Of the Grand Jury system. Secrecy mar&s all
the proceedings Of sucl II body. No member Of 1t Is
allow ed 10 divulge anything he hears IN the Grand
Jury room. This is to enable the men TO do their
work evidently. Many winesse, would not appear
before II II they feared that what they said would he
made public. IIcarsay evidence is sometimes ac-
cepted so that the Grand Jurors may get names
OF persons VINO can testify to what they Alto
gcthcr, no such rules followed as those which h IL
good In tl1al before II petty jury. Evidence, hcr"
fore, when Would he Insufficient In "A court TO insure
conviction would be considered strong enough 10 JUS
tify indictment.
Significant feature OF the decision is that IL ex
pressy says that only the testimony and not the re-
marks al The District Attorney and the grand jurors
shall be gwen TO Mayor iioody. The minutes oil
thar never include what the lawyers say except when