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-Attorncy Fellows Admits II,
but Refuses to Act.

Whenever a new Grand Jury Ia sworn
In and the members go to the room set
apart for their use In the hearing OF
testimony upon which to base indtct-
ments. they lind there "A number OF
copies OF neat little cloth-bound book
entitled, Manual FOR Grand Jurors In
the County OF New York" 1t Is an in
terestng book even to laymcn. hut 1t
is particularly designed for the guild
ance of the Grand Inquest"
In the manual are rules and suggcs-
tons, sections OF the Code of Criminal
Procedure defining their imperative du-
ties. and some Observations rpon 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 " Evening World" reporter this
morning put a few pertinent questions
to District-Attorncy. Fellows in relation
to why the cases Of the police captains
recently dismissed from the force for
bribery had not been brought to the at
tentton OF he Grand Jury. ,,.,
| tuition, lis follows:
ANY person holding onice under the laws Of th,
State who except on payment of his legal salary.
fees or prrpuistcs. shall receive or consent to
[ i've directly or indirectly, anything of value
or u personal advantage, or the promise thereot.
| for performing Of omlttns TO perform any oircial
that his Ornclal action or omission to a., IL To
| he 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 District Attor-
ney in the Manual" are the folloWins:
Section $50. II a member ct the Grand Jury
kncws or has reason to believe. that crime has
| been committed which Ia ulable In the county he
must declare the same to his feos Jurors who
must thefeupon investigate the same.
| Section go Grand Jury must inauiio into the
~iiful and corrupt misconduct In ONCE Of public
| officers 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 Distriet-At-
tention any commission Of a felony
which may have been brought to his
notice. and of which he has cognizance,
tains lately dismissed from the force
| call for Immediate action on the part Of
the District-Attorney and the Grand
1T is certainly the duty of the, Dis
trict- Attorney to bring to the attention
of the Grand Jury any commission or a
felony Of which he has knowledge"
pared to tell to you whether. or not I
captains to the Grand Jury.
1T Is not the practice OF this office.
and 1t would be very poor policy, to
n rns thereof. Such a course
would result in putting those persons
and warn them SO that they could es-
cape from the Jurisdiction of the
docs acceptance Of bribes by police
captains come under the head Of 'wilfu
and corrupt misconduct Of public ofiicers
no mans official position can have any
crime by this Office, ,.......,. =,
does ,ss that nocn mean that will
II decline to discuss that matter or to
announce what my official actions as Il
District-Attorney will be-
HAS the fact that the Lexow Com.
mittee has not yet completed Its investi'
CATION had anything to do Wi the non
presentation OF the cases before the
Again l must decline to answer your
question. 1t would not be proper TO dc
Suppose that, public officer of any
description should be adjudged guilty
) of felony by his superiors In office. anc
the sworn testimony upon which he wa'
Attorney, and a Senate Committee was
nvestigating abuses in the pubic officer:
department, could the fact of such in
| NeStlRAtlOfl ACT AS ii DdT 10 lHt HTtS'Illd
ton Of his felony case to the Crane
Jury by the District-Attorney?
II really cannot answer such ques
tons"
police captains taken before the Police
Commissioners been brought to your OIL
cial Knowledge, Colonel|'
! This office is not supposed to taxi
cognizance of trials before the Polic'
Commissioners affecting the discipline
or rules of the Police Department"
But where II Is not "A matter of dis
cipline or Department rules. but o
felony"
at is the duty of any officer. of
magistrate. OF the Grand Jurymen them
selves to present to the Grand Jury an!
knowledge they may have or a crim
! having been committed. but really can
not give to you at this time any infor
dictment OF police captains or any one
In the "Manual for Grand Jurors
. occurs this sentence:
The District Attorney may literally be said I
keep the keys Of the Grand Jury room.
The following extract from present
ment Of the Grand Jury OF the Dec"m
her term OF 1890 is also given in HI
Manual"
: Where a state OF facts exists warrantIng III
institution Of criminal prosecution and the chsrg
and evidence duly brought to his onirin
notice the District-A Attorney Is required, IN tn
discharge OF his duty. to procure the Httendanc
Of proper witnesses before the Grand Jury, and t
present the case for their action
There is not word about delaying
prosecution or about Senatorial inves
; legations acting as a bar TO indictmen
in the whole manual, but In the oatl
taken by the foreman and his fellow
MOI shall you leave any one unpre
scented through fear, favor, affection or reward
or hope Thereof but you shall prSsint al tsns
to the best OF your understanding SO help 20