The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-04-02
C()LLINS'S CHARGE
No Sensationalism Displayed
In His Advice to the
Grand Jury.
SUPPRESSION OF EVIDENCE
Former Inquest's Accusation
of Police Must Be Fully
Investigated.

Contrary to expectation supreme Court
Justice Collins, in charging the April
term Grand Jury in the Hudson County
Court of Oyer and Terminer, this morn
ing, paid but little attention to the
charge of President John D. McGill of
the Police Board, to the effect that the
last Grand Jury, in the face of a suffi-
cheney of evidence, had failed to ind an
indictment against Eugene Sullivan. the
saloon keeper who was charged with
conducting a pool room. The most sem
sational part of the charge, referring to
this case is where the Justice, in speak
ing of the statement of the last Grand
Jury that the Jersey City police sup
pressed evidence in this case said
This is a serious charge to be publicly
made, and demands investigation at your
hands If you find that evidence has
been suppressed those who have sup
pressed it should be punished
The Court urges the immediate con-
sideration of the cases of juvenile Offend
ers awaiting trial and expresses regret
that there are not more adequate means
at the command of the authorities for
the separation of young prisoners from
more hardened criminals.
The sale of liquor on Sunday is briefly
referred to as unlawful, and the slot ma
chine evil is treated at length. The Court
asks for the Indictment of all persons in
whose places of business slot machines
are permitted.
The sale of lottery tickets and pools on
horse races are also touched upon briefly
as indictable offenses.
The charge is concluded with few in
structions to the Grand Jurors on the
oaths of secrecy which they take.
The charge in full Is as follows:-
Gentlemen of the Grand Jury-The con-
dition of our county with respect to in
fractions of the criminal law since the
courts were last convened is as good as
may reasonably be expected considering
the size and diverse elements of our popu-
lation. There are in jail, awaiting your
action sixteen persons whose cases should
receive your earliest attention. 1 have
been impressed by a communication from
the Hudson County Branch of the State
Charities Aid Association, with the fact
that some of these are boys under sixteen
years of age. This communication urges
promptness in the investigation of the
charges preferred, and in the subsequent
trial, if indictments are found; and sug
gests the devising of some way for the
prevention of those who are mere chill
dren being subjected to enforced associa-
tion with hardened offenders. In the
present state of the law, and the not
more than adequate means at the COM
mand of the authorities for the detention
of prisoners, there seems at present no
practical relief in the direction Indicated; J;
but you can and should deal with the
cases of these juvenile unfortunates with
the utmost expedition. Indeed there
should be prompt Jail delivery in every
case; for person deprived of his liberty
because of his inability to give bail, is
entitled if No case can be presented
against him, to be released at the ear
liest opportunity. Let me in this connec-
tion urge upon you diligence in the prose-
cution of your duties, SO that all cases
awaiting your investigation may be dis
posed Of as soon as consistent with the
public convenience. The natural accumu-
latiop of cases should be cleared away
and then the Grand Jury should apply to
be discharged. The Court will expect you
to conclude your labors before the begin
ming of the summer vacation.
There is but one case of possible lhomi-
eide awaiting your investigation. On the
twenty-seventh day of last month one
Michael Brosei was shot, and, from the
latest information / have, the physician
in attendance upon him expects death to
be the result of the injury inflicted One
Dominica Jorio is in custody charged with
the shooting. In this case if death has
not already occurred, it will be proper for
you to defer action until it shall occur,
or until recovery is assured. If death
has resulted or will result from shot
wound infiieteu by the prisoner, you
should indict for murder. The legal pre-
sumption is that death caused by the use
of deadly weapon without lawful ex-
cuse is murder; and the province of ascer-
tanning the degree of crime, or reducing
it to a lower grade, IS that of the trial
court and the transverse jury and not of
the Grand Jury. Facts properly to be
considered only by way of defense do not
concern you; for the proper function of
a Grand Jury in this regard is merely
to inquire if prima facie case is pre-
scented by the state-not to try the ac-
cused or to consider what is provable
in his behalf
A general examination into the graver
offenses charged in the complaints that
will be submitted to you disclose nothing
unusual or demanding special instruction; /;
nor do such offenses indicate the prevail
ence of crime. The persons and property
no case of official misconduct has been
brought to the attention of the Court.
The evils chiefly needing correction in
this community, as l have had previous
occasion to say to Grand Juries, are those
which are manifested in general demor-
alizinz influence rather than in individual
injury. Such evils are always the most
difficult to restrain. When a citizen is
injured in his person or property there
is little doubt that the criminal law will
be invoked and prosecuted. if the Offend
er can be detected, but the evils to which
have alluded will increase and flourish
unless those charged with their suppress
sion shall faithfully perform their sworn
duty.
From very early times in this State,
the sale Of spirituous, vinous and malt
liquors Atail has been placed under
reas lnable restrictions. It is normally
UNI Eful. but may be licensed. Unlicens-
ed Sale, or sale upon Sunday a sina-
xle sale on that dayis indictable, and
II