The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-12-23

abroad In the press and otherwise as to
the probable action of the Grand Inquest
upon matters which they may take up for
investigation. or upon such matters as
may be properly brought to their atten-
uon. l call your attention to your oath
of office which requires you carefully to
Keep secret the proceedings of the Grand
jury. A Grand Juror can never be called
upon to reveal the proceedings OF the
Grand Jury unless by some due course of
law, ana such cases are exceedingly rare,
which j1stifes such q course, and only
when it is absolutely necessary for the
administration of justice. The evidence
upon which you indict should be sufficient
to convince you of the guilt OF the party
indicted and then after presentment of
Indictment, the question never can be up-
Jury, but what Is the evidence upon the
trial, and Grand Jurors cannot In our
tribunals be. called upon to testify on the
trial of an Indicted party as to the evil
dence before the Grand Jury upon winch
the Indictment was found. except It may
be in those rare cases where the indict-
ment is for perjury in the evidence OF a
witness before the Grand Jury Your oath
of Office also compsls you TO Keep the evl-
dence offered before you and your pro-
ceedings absolutely secret You are In NO.
wise to find indictments or make present.
ments upon public runlor, or because of
the expression of public opinion You are
not to be deferred from the performance
of your duty by any criticism from any
source whatever, nor. because of its
character. The evidence presented to you
is the only thing which under your oaths
can serve as a guide to your conclusion,
and by that evidence you are bound IN
the discharge of the duties imposed upon
you. say this to you at this time to en-
courage you in the exercise OF independ-
ence under your oaths in all matters De-
fore you and not because there IS the
slightest want Of confidence In you in the
mind of the Court
There is another matter which It would
not be amiss to speak to you about, and
l desire to emphasize 1t as much as pos
sible. / desire to warn you against the
evil of the vicious habit of the reconsld-
Grafton of indictments found by you, and
not presented. You act upon evidence,
and your conclusion upon such evidence
should be a deliberate one. Your right
is to deliberate and carefully exercise
your judgment upon the evidence, and
thus arrive at a conclusion whether an
Indictment should be presented or not
after such formal conclusion upon a vote
of your body. / think there should be
should be presented. 1t must be a very
rare case which will justify any other
course. Any other practice brings dis
credit upon the Grand Jury, and does
niinistration of criminal justice. Now,
Just think of 1t for instance, a Grand
Jury after a solemn deliberation upon
evidence before them concludes that
gum has Deei esldpiaSitt7ti, st.tu sVtes 70
find an indictment. Now. ! think It very
rarely happens that a motion is made to
reconsider at another meeting of the
Grand Jury unless some approach has
been made by the individual indicted or
others in his behalf yet upon the same
evidence the Grand Jury as deliberately
votes to reconsider the Indictment and
dismisses the matter from their further
consideration. Such a system does not
ensure much confidence in the Grand
Jury, nor much public confidence in tha.
certainty of the enforcement of criminal
laws. I earnestly invoke you TO avoid
this system. 1t will save you from an
noyance and reproach. Do not indiot
unless the evidence convinces you OF
guilt, and when so convinced stand by
your action unless advised either by the
Prosecutor or the Court that no crime
has been committed. This course, as
have said, viii save you from annoyance
and discredi, both of which results will
occur to You by any other course.