The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-23
THE Grand MRY.

THE GRAND JURY.
A few days ago the Hutchinson
News selected a good stout club and
made an assault on the federal grand
jury system, and when Editor Morgan
got through the system had both
eyes black. there was a lump the size
of big walnut on it's head. It had
lost epidermis in various localities, and
one arm was a candidate Tor a sling
Mr.. Morgan said the system was a
barbaric inquisition a body that
blackened mems regulations for un-
called for accusations, and so forth,
eteetera.
But the system has a gallant de-
fender in Joseph L. Bristow, OF the
Salina Journal Mr.. Bristow says
that in actual practice the grand jury
system protects men against unwar-
ranted accusations. Enough evidence
must be brought before a grand jury
to convince twelve Of the eighteen
jurymen that the accused is guilty of
wrong-doing. If the evidence is not
forthcoming the accusation is locked
in the secrets of the grand jury room,
the world knows nothing about it, and
the mans reputation is saved.
CAS- a matter of sentiment" says
Mr.. BristOw. 1.-The News presents a
strong case against the grand jury
system. But as a matter of fact, sup
ported by the statistics of grand jury
work the News takes the wrong
ground. The grand jury provision
of federal law is one of the wisest of
measures. It robs government off,
cials of the charge Of oppression, and
If there is any inclination on their
part toward oppression, it robs them
Of the opportunity.
1.-THE grand jury is as much of a
protection for the accused as 1t is a
beneht to the government in the en-
forcement of law. 1t is, as a matter
Of fact. the very opposite Of what the
News has found against it. The grand
Jurors in the federal courts as a rule
are men of broad gauge, business men.
having mature judgment. They are
not the kind of men that could be used
Tor the purpose of bIaekening char
acter or of doing an injustice to
either the high or the low.
1T is fortunate that accused men
nave the opportunity for a hearing or
the charges against them before ?. ais
interested body of men like that of a
grand jury. Many innocent people
nave had their good names preserved
to them because the grand Jury inves-
tigated charges brought against them
by designing men and has found no
foundation in fact for criminal ac-
ton. These incidents occur with the
sitting of almost every grand Jury, and
in cases where an arrest upon the
charges brought would cause a stain
upon good names that would REQUIRE
years to efface.
It is seldom that cases which have
passed through an Investigation by a.
grand jury turn out to be Eroundless
or frivolous at the trial Of the case.
If such appears to be the fact at the
investigation the grand jury refuses to
return Al Indictment, ana this is one
OF the missions OF the grand jury.
Here is where it is bulwark- of de-
Tense for the accused man
But grand Juries are only a defense
to the innocent man. The men COM
posing grand Juries are such that
easily detect technicalitfes in crime
and are able to tear the mask from
evil The grand jury sits the evidence
for the government Tt is not a court
of last resort in any sense. and it is q
wise provision which keeps the ac-
cused from representation before this
body. It is almost a certainty that an
innocent man will pass through a
grand jury investigation with a clear
title, without representation, and it is
almost as certain that the guilty will
have their sins brought to light. we
should not condemn a system because
we think a mistake has been made in
any specific case"