Democratic Northwest and Henry County news. [volume] (Napoleon, O. [Ohio]) 1894-1905, 1896-02-13
The Grand Jury.
lcin einnAii Knquirer.l

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The grand jury system is but little
better than a relic Of semibarbarism.
Its capabilities for evil are greater
than those for good. II is only toll
erable in the hands of men Of adyane-
ed thought and education and iudi.
cial fairness. 1t is probably the most
dangerous power that exists in our
system OF free government, and the
great advance in the profession of
law is likely to be the finding of some
substitute for it. Fifteen men are
put in a room, cut of from communi-
cation with the world, to hear one
side OF case. They hear the name
OF the accused person for the first
time, and the prosecuting attorney
presenting such evidence as he NAV
deem requisite to hold the man. The
proceeding is purely one-sided. Star
chambers and deadly councils of
ten were no worse in principle.
There is no evidence for the defense
except what may be purely inciden-
tai. There is no competent cross-ex-
animation of witnesses. The accus-
ed person is not allowed to confront
his accusers, and is without the bene-
fit of counsel. Indeed, he is in abso-
Lutte ignorance of what is going on.
He has no knowledge, and, in a great
many cases, not even information.
that body of men is sitting in iude-
ment on him, after hearing only one
side, and is secretly arranging to de-
prive him of his liberty. He gets his
first summons when an officer touches
him on the shoulder and invites him
to an inhospitable prison. Fortunate
he is indeed if he has the financial
standing, or the acquaintance, or
the affiuent friends, to procure bail,
so that he may attend to his affairs
pending the trial. If he can not give
bond in sum arbitrarily fixed and
many honest men are not able to-he
must go to Jail. He must suffer the
deep humiliation. He is the victim
OF secret proceeding by men who are
acting against him under the protec-
tion of law.
The indicted man has a right to
trial, at which he may have as many
lawyers as he is able to pay for, and
an opportunity to present the evi-
dance on his side. If the state fails
to prove its case before a jury under
the legal lights thrown upon the
trial by learned and Just Judge, the
defendant goes free. He is not reiln-
bursed, though, for the expense he
has been at to stand trial. What
stain there is in having been present
ed by grand jury is not removed.
He has no remedy against the men
daclous wretch who may have orig
lnally instituted the proceeding for
purpose OF revenge, and then escape
under the cover of secrecy. He is
helpless against the scoundrel who
may have turned Estates evidence
to save himselffrom the penitentiary.
Even If he is guilty, and Is regularly
convicted, he may be the scapegoat
for some person who is guiliter than
he. Even if his innocence is clearly
shown, and he is triumphantly clear
ed, ne has no security against the
pettifogging of some miserable jack
lawyer, who under the protection of
his position as IAN officer of the
Court" may ask him on the witness
stand some days, years afterward,
Were you ever indicted?'
The grand jury is a dangerous
piece of legal machinery-one that
may be easily converted into an in
strument of oppression and revenge
that the man who will devise an
effective system of bringing criminals
to justice without its use has honor
awaiting him. Is it so sacred that q
man may not go before it in defence,
and If possible nip false charges in
the bud?
The principal employment of the
grand jury is in the presentation of
low class of criminals-murderer
burglars, thieves, highwaymen,
counterfeiters, forgers, bank sneaks
and the like-which the community is
ever at war, and a majority of whom |
can suffer no further degradation by |
indictment and imprisonment. They |
cannot arouse q sentiment to protest |
against the evils of the legal star
chamber, 1t is when men of repee-
table associations and education,
who, to all appearance, have led |
and useful lives, and per-
haps, have beenintrusted with public |
interests, are apprehended that we |
begin to question the fairness of the !
grand jury system.