The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-12-04

should give out any statement at this
time
None of the other members of the Grand
Jury would talk for publication
| Judge Blair's address to the Grand Jury
| in full was
Il had hoped that Justice Collins would
have been here today and recsived you.
but his necessary presence in the Court OF
Errors and Appeals at Trenton accounts
| for his absence. In his absence, therefore,
| | will dispose of the business cccasioned
by your coming into court at this time
/ s'In looking over the indictments which
you have just handed up fail to find an
| indictment either against Eugene SULLIVAN
| or William Glossy, against whom COM
| plants have been made, and evidence tax
| en- before you for maintaining gambhnS
| and disorderly houses. | find also an IN
dictment against the Baldwin Social CLUB.
! the organization in whose name an IN
| whose rooms were held where Clossey IS
alleged to have carried on his enabling
! operations This indictment against the
| Baldwin Social Club while in form Legally
! correct and perhaps justfiable, must re-
| suit in no practical effect so far as the
punishment of the alleged crime is con-
| cerned No individual can be proceeded
| against in any effective way under an IN
dictment against a society or club. rms
must. the Court thinks, have been evil
/ dent to you upon a moments eonsidera-
! tion, and so in attempting to punish Cos
| say, or 10 exempt Clossay from pun
| ishment by indicting the clue, you must
keep the word or promise to our ear ana
| heed in our hope
THE oath which you took when you
began your labors bound you to present
no one from envy, hatred or malice, nor
| leave any one unprotected from rear.
favor, affection or hope of reward. The
| examination of the work you have done
and that which you have left undone
suggests a doubt whether you have fully
appreciated this portion of your oath, or
| if so whether you have maintained 1t IN
| the letter and spirit.
1.-The law does not demand difficult
| things at your hands. II requires you to
| Investigate with patience and intelligence
| and to determine honestly. Your oath
requires you to diligently inquire and
true presentment make of such matters
and things as should be given to you IN
charge or come to your knowledge. That
simply meant that you were to act with
diligence and straightforwardness and it
! does not seem that it should be diff1cult
in this great county to procure the ser
vices of twenty-three men at any one
time who would find it hard to comply
with the conditions above indicated or
who could find fault with their unreason-
ableness
| 81 say, therefore, gentlemen, that the
| law did not impose upon you difficult
task when you took the oath of Grand
Jurors.
1.-THE whole court, by which mean Mr.
Justice Collins and myself, has examined
! the testimony taken before you in the
I Sullivan and Clossey cases, and it is the
unanimous and unqualified opinion of the
Court that the evidence was such and
! sufficient for you to have founded an in
dictment upon in both cases.
..In his charge to you before you began
your work Justice Collins said:-'In cases
of doubt on your part as to the propriefy
of finding an indictment upon evidence
deemed sufficient by the Prosecutor, the
Court requests that before ignoring bill
YOU will apply to the Court through your
foreman for instructions on the subject
1t was the duty of the Court to declare
| the law to you. Advice on legal subjects
1 cannot lawfully be given to Grand Jury
except by the Prosecutor and the Court
s'If the evidence in the Sullivan and
4 Clossey cases so clearly convinced the
| Court that indictments should have been
| found, it is fair to assume that it created
| at least some doubt in your minds as to
| its sufficiency, and, if so, under the
charge above alluded to, your duty was
/ to apply to the Court for instructions be-
/ fore ignoring a bill. Your not doing SO
| shows you determined to totally disre-
gard or willfully disobey the instructions
/ of the Court; either of which courses was
equally disrespectful.
..rhe circumstance that a prior Grand
! Jury did not indict Sullivan affords no
shadow of excuse why you should not
! have done so if the evidence warranted
an indictment.
"Mr. Justice Collins speaking for the
Court told the Grand Jury which pre-
/ ceded you that that the evidence they
had before them warranted them in
| dieting Sullivan, and on its refusal to do
| SO it was promptly discharged, there being
no other business before it. The evidence
before that Grand Jury was not as clear
/ as that which you have had before you
against Sullivan and Clossey. The Court
has neither the power nor the inclination
| to force you to take any particular ae-
tion 1t can only advise you, and having
| offered to do this and such offer being
] refused, the Court can do nothing further
in that direction.
1.-THE evidence before you made clear
prirna facie cases against the person
complained of. and that is all that the
law requires and should have resulted in
your finding indictments
ITO take no notice of such negligence
or wilful disregard of duty on your part.
and to permit you to depart with the
! thanks of the public from the court
would be equivalent to an acknowledg-
ment of an agreement between the Grand
i Jury and the Court not to prosecute and
/ punish manifest violation of the law.
1.-THE Court will not for moment put
itself in that position. and in order to
1 make the position of the Court free from
ali doubt it now discharges you from
further service. The Court regrets that
it is obliged to address you as it has. but
/ any adequate appreciation of its duty to
itself or the public leaves no other course
possible"