The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-12-10

Court will be glad at any time to speclai-
ly instruct you in any case Of doubt or
difficulty that may ariee.
! have just observed in New York
newspaper that the pool rooms In New
York were closed and that the operators
are talking OF migrating to Hudson
County. Ii there is anything in such a
rumor the court relies on your vigilance
and that of the prosecutor to see that It
is not done, and if done, is promptly pun
ished
There are some pending charges OF
gambling resulting in making the places
where conducted disorderly under the
law. If you find that the ostensible pro-
prietorship of such place is in a cor
poration. that fact does not avoid the re
sponsibility of the natural persons VINO
participate in the Illegal practices. They
should be included in any indictment
warranted by the facts or in one sup
plemented to any already found.
1t may not be amiss to speak briefly
upon the general scope of your function
and duties, for to some of you they may
be new Your official oath is your best
guide for the faithful performance OF
duty 1t is of very ancient origin, anu
has been approved by unvarying use for
generations. A copy will be furnished you
ty your clerk. You are branch OF the
court, and without your action the court
ial fuI ction as secured by the constitution
is to make preliminary examination to
the END that before a citizen shall be put
in jeopardy on a criminal charge of prima
facie case shall be presented against him;
but when such case is presented 1t is
not matter of discretion but plain du-
ty that an Indictment shall be found A
grand jury, as much as trial jury is
bound to accept the declaration of the
Court as to what is the law. Your de-
liberations extend only to matters of facE.
The legal sdfficiency of evidence is OF
course a matter of law. On that subject
you are entitled to the opinion OF the
prosecutor, who in turn is entitled to at
tend your sessions whenever evidence is
taken, though not to be present
assent. You are justified in accepting,
but not bound to accept, the opinion OF
the Prosecutor on legal questions, and the
Court will always be glad to instruct you
on such questions if occasion shall arise,
and we earne silly impress upon you that
if the Prosecutor lays before you evidence
which in his opinion is legally SUFFICIENT
to warrant an indictment you ought not
to ignore bill without first, through
Court A little reflection should convince
any one that such is the only proper
course to pursue. The people have COM
mitted to their duly appointed Judges the
declaring of the law. If an indictment is
found through our erroneous view OF the
law the error may be corrected; if an in
dictment fails through Grand Jury's
misconception of the law there is no way
to correct such an error. Grand Jurors
have no right to take outside advice upon
legal matters pending before them, for
to no one but the Court have they the
right to impart any information concern
ing such matters.
By saying that the Court is to judge
of the legal sufficiency of evidence we do
not mean to say that the Grand Jury
may not consider whether or not testl-
mony is credible, but it should be re-
membered that the investigation COM
mitted to you is not in any sense a trial,
and it well may be that many cases that,
as presented, amply warrant an indict-
ment, may fail of conviction. Your in
ouiry is simpl ywhether the facts proved
under the law which, at your request.
will be declared to you by the Court.
warrant the putting of an accused person
on his defense.
We further impress upon you the neces-
sity of absolute secrecy as to what occurs
in the Grand Jury room Even without
your oath that would be your obligation.
Your sworn promise solemnly registers
that obligation. BY such secrecy your
freedom Of action is assured and a pos
sible failure of justice is prevented. To
approach a Grand Juror with a view to
induce him to violate this obligation is
contempt of court, and we will be glad
to have any such improperly brought to
our attention. The same obligation of
secrecy rests upon the Prosecutor and
your clerk, and even on witnesses. who
though not sworn to secrecy have never
theless no right to divulge what they
may learn in the Grand jury room. For
a witness to state the substance of his
own testimony even is not permissible
until a public presentment of the matter
on which he testifies or the final discharge
of the Grand Jury.
While You official service continues you
are entitled to protection against per-