The evening world., 1894-09-08
GRAND JURY MUST ACT|
Its Members 0ath-Bound to Hear
Of Police Bribery.
Their Manual Expressly Provides
for Such Cases.
District Attorney Fellows Admits II,
but Refuses to Act.

Whenever a new Grand Jury Is sworn
in and the members go to the room set
apart for their use In the hearing of
testimony upon which to base indict-
ments, they find there number OF
copies of neat little bound book
entitled. Manual for Grand Jurors in
the County OF New York" 1t Is an In
teresting book even to laymen. but 1t
Is particularly designed for the guild
ance OF the Grand Inquest"
In the manual are rules and sugges-
tions. sections of the Code of Criminal
Procedure, defining their imperative du-
ties, and some Observations Upon the
Grand Jury system" by DE Lancey
Nicoll.
Taking the manual as, a textbook,
together with one OF the Articles of the
Constitution OF the State of New York
an g Evening World" reporter this
morning, put few pertinent questions
to why the cases OF the police captains
recently DISMISSED from the force for
bribery had not been brought to the at
tention of the Grand Jury 49, CO.
Article Nv, section ], of the Constl-
tuition, Is as follows:
Any person holding once under the laws OF thl,
state who except on payment OF his legal salary.
fees pcrquistcs shall receive or consent to re.
i've, ccty or indirectly, anything OF value
or Of sonai advantage, or the promise thereof.
for pc, mins OF emitting to perform any onlciai
that h.. ofncia action or omission to act Is to
be In any degree Influenced thereby. shall be
deemed guilty OF a felony
Among the sections of the Code which
are especially called to the attention OF
the Grand Jury bye the DistrictAttor-
ney in the Manual are the following:
Section $50. II a member Of the Grand Jury
knows or has reason to believe that a crime has
| been committed which is trsble In the county, he
must declare the same to his fellow jurors, who
must thcieupon investigate the same.
Section 26O. Grand Jury must inquire into the
witul and corrupt misconduct In ohcc Of public
snlsers OF every description In the county.
After the attention of Col. Fellows
had been drawn to the above sections Of
the Constitution and Code, he was
| asked:
Els it not the duty OF the District-At-
torney to call to the Grand Jury.s, at
tention any commission of felony
which may have been brought to his
notice, and OF which he has Cognizance,
and does not the bribery of police cap
tains lately dismissed from the force
call for immediate action on the part of
Jury?
trict-Attorney to bring to the attention
Of the Grand Jury any commission of a
felony of which he has knowledge"
said Col. Fellows, but l am not pre-
pared to tell to you whether or not l
captains to the Grand Jury.
TT is not the practice OF this office,
and It would be very poor policy. to
nouncement thereof. Such course
would result in putting those persons
liable to indictment upon their guard
cape. from the Jurisdiction of the
courts"
Does acceptance of brides by police
| captains come under the head OF 'wilfu
| n nd misconduct Of nIhlIC officers
Of every description in the county|"
| ut certainly does. and l may say that
no mans official position can have any
| effect In preventing his prosecution for
| crime by this Office"
Does that mean that you will prose-
cute the police captains?'
II decline to discuss that matter or to
announce what my Official actions as a
| District Attorney will be-"
Has the fact that the Lexow Com
mittee has not Xet completed It's investi-
presentation, OF the cases before the
Grand Jury?"
'Again must decline to answer your
question. 1t would not be proper to do
"Suppose that a public oficer of any
description should be adjudged guilty
Of felony by hts superiors IN office, and
| so adjudged was known 10 a District
Attorney, and Senate Committee was
investigating abuses In the public officer s
vestigation act as bar to the presenta,,
tion OF his felony case to the Grand
Jury by the District-Attorney?
II really cannot answer such ques-
Hasn't the evidence OF the bribery Of
police captains taken before the Police
Commissioners been brought to your off,
cial knowledge, Colonel|
cognizance OF trials before the Police
Commissioners affecting the discipline
| -. 4. Ill IN,...
But where 1t Is not a matter of dis
ffsPt5ine?" department rules 0u' OF
ut is the duty of any officer. OF a
magistrate. OF the Grand Jurymen them
selves to present to the Grand Jury any
knowledge they may have of a crime
having been committed, but really can
nation about the Indictment or non-In-
In the Manual Tor Grand Jurors"
occurs this sentence:
The District Attorney may literally be said to
keep the keys Of the Grand Jury room
The following extract from a present
ment Of the Grand Jury Of the Decem-
her term of 1890 Is also given in the
Manual
Institution of criminal prosecution and the chsrs.
and evidence are duly brought to his ofncial
notice the Distrtct-Attornsy is required, in the
OF proper witnesses before the Grand jury, and to
present the case for their action.
There Is not 2 word about delaying
a prosecution or about Senatorial inves-
legations acting as a bar to indictment
In the whole manual but in the oath
taken by the foreman and his fellow
grand jurors the following words occur:
Nor shall you leave any one unpre-
scented through fear favor affection or reward
or hope thereof, but you shall present all things
truly as they come TO your knowledge. according
to the best OF your understanding so help you
God.