The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-05-08

with feariessneas and lmpartlallty at oil
times. You are not, az your oath says. TO
leave any one unpfesentod because OF MS
position or your Partially. nor on the other
hand aro you TO pay attention 20 any sus-
plcion or olamor. or 10 anything but the legal
evidence which will bo placed before you.
An indictment by a Grand Jury IL merely
an accusation OF crime. but an indictment
Is o very serious accusation and ono not lightly
TO be made. You are TO confnO yourselves
to the reception OF legal evidence, and you
are not TO consider hea rsay, rumor or sus-
plcion. Not improperly, perhaps. You may
have concerning the subject into which you
are TO inquire preconOeived ideas as to acts
or to individuals and as TO tho r~lghtfulness
or wron guinness Of things done. But before
you go into the Grand Jury room II Ia your
duty to clear your minds OF all these Ideas
and 70 approach your task with as impartial
minds as Ia possible.
No person charged with crime has any
right to appear before the Grand Jury.
1t Is the duty Of the Grand Jury to weigh
all the evidence, and II In the course OF the
Investigation facts and circumstance may
seem TO indicate that the testimony Of any
person accused OF crime or not. may serve
to explain away an apparent guilt then II
Is the duty Of the Grand Jury to call this
person before you.
The test Of an Indictment. or the handing
down OF an Indictment i should say, was this:
Where all the facts laid before you, uncon-
tradlcted and unexplained. would Justify
conviction by a petit jury. then 1t is q case
for an indictment. II the facts, contra
dicted and explained. would not Justify con-
viction by a petit jury, then 1t would be
useless and improper to return an indictment.
1t ia not your duty to dnd useless indictments.
Henry l.. Joyce, who is in the lighterage
business, was selected as foreman. His
associates are:
Charles L. Berg. architect; Albert Beh-
ming, insurance broker; Louis Goldsmith,
silks: Philip Hano. books: Ezekiel Williams.
retired. Samuel Josephs, retired; William s.
Lalor. real estate: Isaac Strauss, ~corsets;
George C. Pennell. vice-president; Moses j.
Mendel. mems furnishings; Edward G. Bod
man, grain merchant: Arthur Lincoln. broker:
William H.. Caldwell. real estate. John j.
Latham. banker; John B. Finn. desks; John
H.. Walker. paper: Max Rutteneau. merchant.
Leopold Wormser. banker: Louis W. Nor
rison, real estate; Frank Brainerd. merchant:
Samuel 8. Stewart, retired: John G. Klotzl,
real estate.
The Grand Jury will sit from 2 to 5 o'clock
In the afternoon. There will be no session
to-day. 1t was explained that certain
things came out yesterday which needed
investigation, and by not holding a session
to-day the Grand Jury could save time.
Mr.. Jerome, who will in most cases exam
inc the witnesses, also has to appear before
the Appellate Division.
In swearing in the regular May Grand
Jury yesterday Judge Foster referred to
the insurance investigation, saying that it
was their good fortune and, perhaps, that
Of the community. that a special Grand Jury
was considering those cases. Judge Foster
said:
When the manholes were removed from
the sewers OF insurance and the mass Of
corruption. II not Of crime. that existed under
the name of Insurance., was exposed. 1t was
felt that there ought to be a drastic and thor
ough Investigation. and so there has been
ordered a special Grand Jury. whose entire
time may be given to the investigation OF
this very important matter.
William C. Muschenheim of the Hotel
Astor is the foreman. Judge Foster warned
the Grand Jury to be careful in finding
indictments. He referred, as he has done
before, to the case CT a man who had failed
Of political nomination because ten years
before he had been indicted and the indict-
ment never moved to trial.