New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-12-12
HIS INSTRUCTIONS FAULTY
JUDGE LENT, OF WESTCHESTER. CRlTI-
CIsED BY NETWORK LAWYERS.


THE REMARKS HE MADE TO THE GRAND JURY.
THEY SAY. ARE NOT SUSTAINED BY THE
CODE. AND ARE AT VARIANCE WITH
THE LAW RELATING TO THE
ACTIONS OF SUCH a BODY
That a Grand Jury is compelled to hear the testi-
monv Of a man charged with the commission OF
crime Is the new legal proposition laid down oy
County Judge Smith Lent. OF Westchester county
This proposition with number OF other new IN
terpreta tons of the Criminal Code. has caused inc
lawyers practising in Westchesier County TO De
much wrought UP. they say that 1t Is placing
an Interpretation on the law that would In many
cases defeat the ends OF justice.
A number of the prominent lawyers Of New-York
City who are learned In criminal procedure are
also much surprised at this and as they term
IT, unheard-of Interpretation of the law Whiie'
from sense of professional courtesy. the lawyers
who talked about Judge Lonts decision and In
structions declined to allow their names TO be used
in any criticism. they all talked freely
Judge Lent gave this peculiar instruction to the
November Grand Jury Of Westchester County on
Thursday last and report OF his instructions ap-
peared In The Tribune OF Friday. December 10.
The cause OF this remarkable instruction was the
bringing in OF document signed by the foreman ana
clerk OF the Grand Jury. In which they make GER
tain recommendations as to the Sawmil River
Drainage Commission. and the Judge states that
the presentment 'crticlses In rather sweeping
terms very many people: characterzes the pro-
posed assessment as wrongful and burdensome. and
expresses the hope that the investigation had BY
your body will enable the persons whose property
is affected TO successfully resist the payment OF
this assessment ,"
The Grand Jury had November 20 made
similar presentment. in which they alluded In Sc
terms to Congressman Ben L. Farchild
and a number Of his friends who are interested In
this improvement. This first presentment was
withdrawn. and the one before the Court when he
gave these instructions was substituted.
The Sawmill River matter has for long time
caused considerable comment and criticism by
Westchester County citizens on the excessive cost
OF the improvement and the peculiar way the con-
tract was handled and an investigation was insti-
tuted by the Grand Jury. which in its presentment
said that owing to II not being able 10 obtain
tain missing books. II could bring In no Indictment
and therefore made this presentment. Several per-
interested In the work desired to appear be-
fore the Grand Jury when II was considering the
matter. and the jury refused allow these persons
to be heard against whom they then
siderins charges
Judge Lent then made the following remarkable
statement TO the Grand Jurors:
I'm view of the suggestion OF the Distr!ct-Attor-
ney on Friday last that the Court was in error in
instructing you that 1t your duty TO hear a
party charged with the commission OF a crime who
voluntarily comes before you have examined the
question with much care. ffhat examination sat
you. While you may not compel the attendance
before you of any person charged with the
mission OF crime. you may and should take his
voluntary statement. and the taking by you OF such
statement would not in any sense tend to vitiate
an indictment should you find one against him.
| IN THE TEETH OF THE STATUTE
A prominent New-York jurst said In regard to
| this statement yesterday: That is truly going
in the teeth OF the statutes Section PSI OF the
| Code of Criminal Procedure says distinctly that
| grand jury is not bound to hear the evidence OF
| defendant but that they might do so II they so
| desired. II 1t would clear UP the case II any
other meaning was put on the law than that the
| Grand Jury had the right to conduct It's own
affairs 1t best. 1t would mean endless delay
and complication in our courts.
| IF the defendant could demand to be heard. why
not his lawyer and others interested. and thus
practically try the before the Grand Jury?
The duties Of the Grand Jury to investigate
and to try. but it seems to me Judge Lent,
with all respect to his judicial sagacity; Is en-
Judge lent also ruled that in making present
men 1t must be signed BY AL me Jurors ana noi
been properly considered by that body. and In
making this ruling he added the following remarks
foreman and clerk; any other paper presented by
you will be signed by the members OF the Grand
Al the same time he told the Grand Jurors that
In making such a presentment each Juror must
presentment I'm the same manner and to the same
| extent II you signed as an INDIVIDUAL
SIGNATURES OF JURORS NOT NEEDED.
Inquiry at the Dstrct-Attorneys once OF New
| York County showed that presentment made
there by the Grand Jury was always signed In the
! same manner as an indictment, and the la" maze
no distinction between the two
Section 267 of the Criminal Code provides that q
Grand Juror cannot be questioned on AWNING ne
may saw at a session OF the Grand jury nor can
his vote be inquired into on any matter that came
before that body. - ,. ,,,,.
ing any OF the proceedings OF the Grand Jury room.
M said lawyer these Two sections are y, 10 ID
surely prohibit the signing of presentments or any
'ei majority Of the Grand Jury in favor Of a
certain presentment and so signed H. II would ais
always be a certain fear the part Of grand jurors
10 what might happen 10 them IN case ,ner
prevent their thorough investsatlon Of any matter
before them that Involved people Of nhGen9s
his Grand Jury, and do not believe they would be
by Of aSssr County are so
oghy worked up over some matters ATE sa1 haye Sc
S Westohester County Bar Association Tuesday
as, the following resolution on motion OF fapn
resolved That the Committee Grievances be
and hereby Is directed TO nanTe ana Te69r to the S
| this county any attorney and counsel lor- t,law,
especially member Of this mas r ae
tending toward mparing the efficiency Of the law
esuans the eece Ss4so or or 10 Sereb
constitutional or otherwise legal rights and priv-
with the laws regulating the elective franchise have
been infringed whereby indictments for crime
so in eSn hae See mped BY
any unlawful act or acts tending thereto;
s e%nm Ss OF
Jury T nGa and '@s
thorough and complete investigation OF a number OF
fand ury IN the sa%m River matter Their
vestigation will have wide scope and VII include