The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-06-29

The Court knows from the character
OF the men on this panel that you would
not wish to shield violators of the law,
and we have wondered, If you did think
that the evidence was insufficient to war
rant an indictment, why you did not come
to the Court as the Court had called your
attention to the matter. The Court does
not see why you did not deem it your
duty under your oaths to present this
case.
s.Some of the questions asked during
your investigation lead the Court to be-
lieve that some of you disapproved of the
methods used to discover this violation of
the law and objected because police Off
cials themselves broke the law for the
purpose of making this discovery.
"The Court desires to say that the
Grand Jury has nothing whatever to do
with methods or motives-its whole duty
being confined to the crime itself as pres
ented. Certain crimes would never be dis
covered if the obtaining of evidence was
left to those who participate. There must
be some method of detection, but with
that the Court and Grand Jury have
nothing TO do The question for you to
determine is whether or not the case and
evidence as presented establishes prima
facie case
1.-THE Court has carefully examined the
evidence and we feel it our duty to say
that the evidence warranted indictments,
two for specific violations of the statutes
and one for keeping a disorderly house
against one person only.
I'm speaking of this matter it is not
fn
else any coercion. My colleague and my
self simply desire to discharge our duty
You are a branch of the Court-its arm.
Your duty is to take the law from the
Court. The law provides for proper pro-
cedure in case of appeal.
.sIn consequence of this We have re-
turned to the time honored custom of the
common law and have caused to be pre-
pared proper indictments which the evl-
dence in this case seems to warrant. Mr.
Foreman, you will please take these in
dictments and, with the evidence you
have already heard, consider them You
NAV return them into Court marked
either true bilr or mot true, as you have
the right. to do.
I'VE feel it is our duty to help you but
the matter is entirely with you.
s.I desire to say" said Foreman Davis,
stthat the Grand Jury is not through with
its business"
s.I understood that you were through,
said Justice Collins, "but as you have no
other business for today you may retire
and consider this matter. TIE Court will
wait your return
After listening to the Justices remarks
the Grand Jurors filed from the court
room to their room on the floor below.
There for an hour they discussed the un-
usual court proceeding. The indictments
handed down by the Court were gone over
carefully. Both were against Eugene Sui
livan. whose alleged pool room on Pavo-
MIA avenue was raided by the police last
winter One Indictment charged Sullivan
with gambling and the other with con-
Quoting disorderly house.
Finally a vote was taken on whether
or not to find true bil'' in Sullivans 5
case. After the Grand Jurors had left
the vicinity of the Court House it was
said that all but two present-Captain
Chas. o. Barker of this city and Edward
w. Martin of Hoboken-voted against
finding any indictments in the Sullivan
find a .strue bilP' now after having pre-
viously declared that the evidence was
not sufficient to warrant such action
would be to stultify the present body as
well as to cast reflection on the Decem-
ber, 1900 term Grand Jury, whose similar
action in the same case led to the spirit
ed controversy between the members and
DR.. John D. McGiTl of the Police Board
While the matter was being discussed
by the Grand Jurors Justice Collins sat
patiently alone on the bench awaiting the
expiration of the time limit that he had
fixed for their return. Judge Blair had
returned to the Orphans Court, in session
on the Mcpherson will contest in the rear
court room.
The arrival of Prosecutor Erwin at ex-
actly 4:20 o'clock was the signal that the
Grand Jurors We're about to return.
Judge Blair resumed his seat on the
bench beside his Supreme Court associate
and a few minutes later the members of
the Grand Inquest again filed into court
and resumed their former position in front
of the bench In his hand Foreman Davis
carried the two indictments prepared by
the Court.
az to whether the Grand Jury had any
indictments to present and Foreman Davis
handed the two he held in his hand to
him. Mr.. Gritten turned them over to
Justice Collins, who glanced over them,
and when he saw that they were marked
mo true BILL" returned them with in
structions for the clerk to place them on
file. Turning to the foreman the Justice
said:--
THE Court understands that there is
nothing further before you and you are
therefore discharged for the term
1--WE are not through vet" said the fore
man.
'The Court has been given to under
stand that the State has no further mat
ters to lay before you.'' responded the
Justice, looking inquiringly at Prosecutor
Erwin, who was seated in the witness
box.
.sThe State has nothing further" said
the Prosecutor.
''Then,'' concluded Justice Collins, '.the
Court can see no necessity of keeping
the Grand Jury during the summer
months at an expense to the county. and,
as there is nothing further for you to
do, you are discharged
Without making any reply Foreman
Davis turned on his heel and led his
associates from the court room to the
| Grand TI1rx room, There the 1in11s,1aI ac-