The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-05-10


~ wssae.srs rHilser thaa N fa-'eu sufis
upon any particular pafty
Wow while " 10 quite proret for .
Gfand idry ~ make y general inveuii-
eati0R " ihia aori ihrre - . reiieal
distinction hetNeen ihe iunetlons ~ thaf
hu,iv and fhe fuHetiuaa ~ 70 eonmlttiea
Magistrate fhsN gaadInfy eths aFsnd
Inurssf ~ The eotaty H. btni0ess - ~
inquire md aarpf,alh whetbef any eflnes
have h~gn committed as well NJ 10 invssa
ligate spsethr criminal ehafera anainHs
Indivhtmia ant n nav pfoteFly summon
hefoFe n - ~sifhesses ahy pefauns sup
pusHd Nv pU-seaa Information @htch Nill
nid n In either eagacity 4 committing
diaatfa,s. hoWsvef hes ohly N 10 s'th
aprriAe chafaeasf ofInMe aanlnas partisu-
In hrnsons a1d n h m abtss ~ thass
ao.ealled John Dee p~foeeefihas ~
employ them IN u sfasiatfats's cUuFt fos
any osher pufposs than N inquire Into
iho probabie guilt ~ \ person WIN h
named W distinctly designated NJ .
defendant
Attention has Just been called ~ THE
abrIse In y pointed and forcibls manner
by ah opinion written by NJ Justice
Woodward ~ the Appellate Division
~ The supreme Court In Brooklyn. In q
cnae N which that court has granted q
writ NJ prohibition restraining further
proceedings befors n Magistrate upon =
complaint of conspiracy, The defend
anita In 'hla proceeding were designated
In the information OF complaint AZ 'JoHN
Dor" and 'RIcHARD RoE." although Il
clearly appeared from the averments In
tho information that the complainant
must have known who tho parties we're
that had conspired against him. " indeed
anybody had done 40, and that II he could
not name them he could at least have
identified them by some description.
Under these circumstances the court
holds that the Magistrate was without
Jurisdiction to go on with the proceed
ing. We do not intend TO hold, says
Judge WOODWARD, " that there may not
he a case In which q mere allegation that
john Doe had committed @ particular
crime would not be sufficient to give
Jurisdiction, but where II appears from
the moving papers that the deponent
must have known the true names, or az
least must have been In q position to
describe or indicate the particular indi-
viduals, il seems clear 10 US that II 10 q
perversion Of the law TO attempt TO carry
on an investigation under such an In
formation; that Il 10 lacking In that good
faith and that sense OF individual respon-
sibility which should be manifest In such
a proceeding
The principles which form the basis
Of the rule Of law enunciated and applied
in this case are thus set forth by Judge
WOODWARD further on in his opinion:
Good faith and the spirit Of The law alike dem and
that the parties who are accused OF crime, or who
are necessary defendants In a civil proceeding.
should be pointed out In the papers, u not by their
own proper names. then by such descriptions az
will enable the parties and the court or Magistrate
or other ~ohncials who may have 70 do with them
10 know who Is intended. and this is peculiarly
true when the facts and circumstances are such
that the accusing party In q criminal proceeding
must, OF necessity. know the party or parties, II
could never have been the Intention Of the Legisla-
ture that any Individual mig hi. BY merely alleging
that a fictitious perpon has committed a crime.
begin q general Investigation into the affairs Of
the community; all Of our criminal law proceeds
upon the theory tina, every man Is presumed inne-
cent until the contrary 10 shown. and II 10 all %.
mlnlstercd, or Intended 70 be adulistered with .
view to protecting the innocent against the designs
OF irresponsible and vicious persons. The Grand
Jury is the great bulwark Of the innocent; II 10 de-
signed to prevent criminal proceedings In cases
where there Ia lack OF probable cause, and this 10 10
bo de,e In secret By res ponslble men chosen
from the community at large, acting upon their oath
and upon sworn testimony. and 1t 10 hardly TO DO
supposed that the Legislature has intended 70 open
the doors TO irresponsible inaulsitors who merely
alleged generally tina, fictitious persons have been
guilty OF crime"
This decision embodies a good lesson
to committing Magistrates in this neigh
borhood, and ought to put ar end to the
abuse against which 1t Is directed.