The evening world., 1894-09-08
GRAND JURY MUST ACT
Its Members Oath 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 tie members 40 to the room se,
apart for their use in the hearing of
testimony upon which to base .ndict-
mcnts. they find there II number Of
| copies of a neat little cloth bound book
entitled, Manual for Grand Jurors IN
| the County OF New York" II is an In
tercsting book even to laNmcn. but 1t
IL particularly designed for guild
| anvc OF the Grand Inquest"
In the manual are rules and suggcs-
tons. sections Of the code " Criminal
| Procedure, defining their Imperative du-
tics, and some Observations Upon tho
Grant Jury System" by De Lanccy
Ncoll.
together with one OF the Articles OF the
| Constitution OF the Stat" Of New York,
an " Evening World" reporter this
To DistriCt-Atturuey Fellows In relation
| to why the cases nf the police captains
recently. dismissed from the force for
bribery had not been brought to the at
tenton ot he Grand jury
Article Nv, section /. OF the Const-
tuition, is as follows:
Any person holding on under tho laws cf this
state VIII" except III ~, ment OF HIS legal salary,
fees prrpuiaites, shall receive ur consent tn Re
i've directly or Indirectly, ANYTHING II value
or II personal advantage, or the promise thereof.
Tor performing ~ emitting In perform Uny mn ial
act ar with the EXPIRE or implied understanding
| that his onhcIal action or omtsion to net Ia ~
be In any degree Innucnrcl thereby. shall he
deemed guilty OF a felony.
Among the sections Of the Code which
are especially called to the attention Of
| the Grand Jury bye the bistrict-Attor-
| ney In the Manual are the follow ing.
| SECTION s6a u member cf the Grand Jury
knows, "r has reason to believe. that trim" has
| must declare the Same to his fellow Jurors. who
| must ,hereupon investigate the same
Section go. Grand Jury mus, inquire into the
| Wiltul and corrupt misconduct In Once Of public
| shoufs 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
us it not the duty OF the Dlstrirt-At-
torney to call to the Grand Jury,s at
| tcntion any commission OF II felony
notice, and of which he has Cognizancc,
and does not the bribery of police cap
| tains lately dismissed from the force
call for immediate action on the part of
| the District Attorney and the Grand
Jury?
1T is certainly the duty of the Dis
trict Attorney to bring to the attention
| felony of which he has knowledge.
said Col Fellows. but am not pre-:
pared to tell to you whether or not |
|
captains to the Grand Jury.
| 1t is not the practice of this office.
and It would be very poor policy to
nouncemcnt thereof Such II course
would result in putting those persons
liable to indictment upon their guard
and warn them so that they could es-
cape, from the jurisdiction of the
courts"
| Does acceptance of brides by police
captains come under the head of 'wilful
| nd tt,iaI dtlpt of Iih IL of yl
| 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?'
| Il 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
mttee has not yet completed it's investi-
cation had anything to do with the non
presentation of the cases before the
Grand Jury"
question. 1t would not be proper to do
Suppose that a public officer of any
description should be adjudgcd guilty
| of a felony by his supcri)rs In Office, and
the sworn testimony upon which he was
so adjudged was known 20 "A District
Attorney, and Senate Committee was
Investigating abuses in the public officer =
department, could the fact of such in
vestigation act as a bar to the presenta-
tion Of his felony case to the Grand
Jury by the Dstrict-Attorncy?"
II really cannot answer such ques-
| lions"
Hasn't the evidence of the bribery OF
| police captains taken before the Police
Gtommssioncrs been brought to your otfi-
| Cial knowledge, Colonel?'
| This Office is not supposed to take
cognizance OF trials before the Police
Commissioners affecting the discipline
or rules of the Police Department"
But where 1t is not "A matter OF dis
Cipline or Department rules, but Of
| felony"
at Is the duty of any officer OF n
magistrate. of the Grand Jurymen them
selves to present to the Grand Jury any
bsen '6ey ns haHf Of
not give to you at this time any lnfor-
nation about the Indictment or non-in,
diGtment Of police captains &c or any one,
occurs this sentence:
| The District Attorney may literally bs said to
Keep the keys Ct The Grand Jury room
The following extract from a present
h'r torn of 1880 is also given in the
| manual"
Where state OF facts EXISTS wnrrsnting the
institution Of criminal prosecution. and the charge
notice, the District Attorney Is required In the
discharge o. his duty to procure The a,tcnd3n.e
present the case for their action
There Is not word about delaying
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:
MOI shall you leave any one UMPIRE
| or hope thereof but you shall present all things
| truly they come 10 your knnS ledge, orl'ng
| IA the best OF your Undertaking So help you
| God.
|