New-York tribune., 1905-07-06
CRIMINAL. ACTION LIKELY.
Continued from first page.

West and No. 279 Broadway; William II Let-
ferts merchant. No 30S LexingtOn-aVe- ana NO
Sc South Eugene H Paddock, cieTk; NJ 21 If'
West 72d-st and No. $40 Broadway; John HAY
dock, drygOOds No. 332 Broadway; Wlinahl >
Waterhouse retired No. 40 East 126th-st-'
Henry Hofheimer importer, No. East sSd-sL;'
John C. Rodgers contractor. No. 536 West 152d-
St and No. 2l Park Row; James q Duer m
surance No. 60 East 53d-st; John y HaSNaru
real estate No 800 West S9th-st. and No 40
Broadway; William Greene. jr.. stables NO 30
Mount Norris Park West; Michael &. O'Meara
builder No $40 West lotth-st.' Ouo @ DeneSne' ea1'T
bedding. No. All West 14Ith-st; John j. Ban
nan. real estate No. S15 West Isth-st- ana No
I,123 Broadway, and Charles Henry Israeis.
architect. No. 1I9 West s7th-st and NO 81 west
31st-st.
After quoting the section of the law for the
guidance of the grand jury, Judge Foster said:
Under the sections of the law I have quoted.
and copies Of which will be furnished you you
have power whenever you suspect that crime
has been committed in this county TO make
rigid investigation. Your finding in such case
should be such as to warrant conNlCtloI oS d
trial iurv No person should be indicted and
placed on trial against whom there Is not suf-
hCient evidence TO convict
Ordinarily the District Attorney does not in
stitute criminal proceedings but the party ag-
grieved goes before city magistrate and makes
a complaint If there is sufficient evidence the
magistrate holds the accused for the grand
jury. The District Attorney, therefore, can not
prosecute unless the grand jury certires tnat
there is testimony 10 warrant a CONVICTION MOI
all cases. however. pass through the hands or
the CtJv magistrate. and in the investigation OF
such proceedings you should be most careful.
Chief Justice Marshall has said that grand
juries should examine with special care all
charges which have not passed through the po-
lice or city magistrates courts.
Experience has taught that not all indict-
rnents stand. and that some. at the request of
the District Attorney have 10 De dismissed FOR
lack OF evidence. The chief criticism OF grand
jJries has been due TO the fact that they We're
rot thorough in their work IL has been said
that the average time taken by grand jury
investigation minutes
II is true that there are some cases which could
be disposed OF In minute. and that there are
others which require the most careful con-
s.deratiOn. My opinion is that the grand jury
does not give fair and honest consideration TO
the eases that come before IL. You must he
extremely careful in all cases that come be-
fore you. An indictment is only aCcusa-
ton. but the world at large IL is tantamOunt
To a conviction for crime. Disgrace no man
without Just cause, 1 know OF man who was
indicted years ago. and although there was
nothing in the accusation. later in life he failed
in getting a nomination because Of the fact
of that unwarranted indictment against him.
Heedlessness and thoughtlessness of the grand
jury in finding that Indictment blighted the
future prospects OF that man. could cite
many such instances
You must determine whether or not an indict-
ment is sought for malice or just cause. You
must ascertain II the complaining witness Is
seeking through criminal action to recover a
claim TO crafty spite III. after an tnvestiga-
tion you think the indictment is sought for these
reasons IL is your duty not 20 entertain the
complaint but 70 stand up and say I charge
you that you have the right TO call upon the
court and the District Attorney FOR advice and
instruction As the District Attorney Is now
engaged upon serious and most important
task. I trust that In that matter You will not
give me occasion 10 regret tha4 YOU have not
performed your duty cOnscientiOusly and we'll
You must not consider the opinions OF the Dis
triet Attorney. because an indictment must be
your finding, and I hope you VIII not subject
any Individual 10 unnecessary humiliation or
the county 10 unnecessary expense
Russell b. Hyde. the foreman OF the jury. is in
the woOllen business No, JS worth-st There
is not the slightest relationship between him and
James Hazen Hyde.