New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-05-02
TIE GRAND JURYS DUTY.

The Grand Jury impa nelled yesterday is likely
7 to have more than usually important duties 10
perform The unusual, almost revolutionary,
methods of the Dlstrict-Attorney which nave
repeatedly called forth the rebuke OF the courts
seriously menace the rights of citizens. lie 100
frequently takes proceedings against persons
who happen to arouse his suspicion or his re-
sentiment without due process Of law, and 1t is
highly important that the Grand Jury should
act not merely as an accuser, but also as a pro-
rector of citizens against improper and irregular
prosecution This was impressivey pointed
out 10 the Grand Jurors by Judge Mcmahon In
his charge Particularly did he warn. them
against Mr.. Gardeners habit of trying TO secure
indictments without giving accused persons a
hearing before a magistrate. He said:
In the ordinary and formal procedure for me
punishment OF crime the first proceeding Is
Usually had before committing magistrate,
where the person accused is informed of the
nature of the offence charged and allowed a
hearing in open court should he demand IT,.
This is wise and well-ordered system, and
should not be departed from except for 3ood
and sufficient reasons. such as may be founi IN
expeditjon and other cases where the accused
is without the jurisdiction or where urgency or
secrecy is necessary to prevent the escape CT
some Of the parties accused.
OF course, everybody understands this Is a
warning against any further abuse of the
judicial machinery in the Butler-Holt and Moli-
neux cases, in which indictments were secured
without a hearing and set aside by the courts.
The former case is so farcical that Mr.. Gar
diners threat to resubmt 1t TO the Grand Jury
excites no serious consideration. II he does, it
IS likely to accomplish nothing except TO make
. himself and Mr.. Little more ridiculous Even
the Distrlct-Attorney must begin to be cautious
when the Judge tells the jurors to be careful
about finding indictments, and adds: 81 most
s'particulary urge 1t whenever 1t may appear
THAT the machinery of the criminal law is
''being invoked for the righting Of alleged
"wrongs for which the civil tribunal furnishes
adequate relief" The Mollneux case Is more
serious The fact that this young man is
charged with murder gives Mr.. Gardiner an ad
vantage Grand Jury is less likely 10 tefuse
10 be imposed upon by illegal evidence or al
incomplete case when so heavy charge IL
made than when n frivolous accusation Is be
fore IT, 1t Is less likely to feel justified in
throwing out an accusation which has not been
heard by a magistrate. prefeTing TO leave &c
other tribunals the correction of errors. There
fore IL was greatly IN the interests Of justice
that Judge Mcmahon laid down the rule OF In
dictments so clearly as to guard the Grand
Jury against persecution In this case which has
been so outrageously managed for the purpose
of preventing Moneux from having the hear
ing TO which he was entitled.
In taking up the charge against Molineux the
Grand Jury should have firmly in mind the
methods pursued by Mr. Gardiper. II should
know that Molncux not merely has not had the
hearing which Judge Mcmahon says should be
given, but also has been deprived OF that hear
ing by the most extraordinary haste and the
most unworthy pettifogging and subterfuge
He was arrested on a Coroner's warrant with
q display Of animus on the part OF his prose
cutors which provoked protest from jurymen
who found the verdict that they had been