The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-12-10
May Call Members Atten-
ton to Several Specific
Cases Later On.
Il. 3. JEPSON FOREMAN
East Orange Man Will Serve in
Place of Robert S. Sinclair.
Chief Justices Charge De.
void of Sensation. Three
Judges Sit With Him.

only the functions OF the Grand jury
were charged upon by Chief Justice
Gummere, in the Court of Oyer and
Terminer. where tina body was sworn
into Office for the first six weeks of the
December term by County Clerk John
B. Woolston, shortly before 11o'clock to-
day. 1t was County Clerk Woolston's
first experience in this phase of his
duties and he acquitted himself with
the grace of a veteran.
Three other judges sat on the bench
with the chief, Judges Heisley and
Adams, of the Circuit Courts, and
Judge Ten Eyck, of the Court of Com
mon Pleas.
In the place of Robert S. Sinclair. OF
East Orange, who had been selected to
head the GSand Jury, according to
Sheriff Frank H. Sommer's program
Saturday. the chief justice named
Henry E. Jepson, of the same place, as
foreman, with the remark that Mr.. Sin
clair had been excused from duty for
reasons satisfactory to the court. Pres
sing business matters are the reasons.
When the roll of the twenty-three jurors
had been called and they had been sworn,
the Chief Justice said:
Your predecessors in the service
have left comparatively few violations
OF the criminal aw uninvestigated and
at the present time there Is no special
matter to which l desire to call your
attention. 1t may be that later l may
desire your presence in the court for
specific instructions in matters brought
to the attention of the court.
AT present, however, l have merely
the functions of the Grand Inquest,
because | observe. that some of you
are here on your first service.
In one respect, the Grand Inquest Is
ton of the criminal law under our form
of government. No person. for in
stance, no matter how great his guilt.
can be, put Oh trial against his will
unless he is presented for trial by the
Grand Inquest. So you see 1t is posi-
BILE for the Grand Inquest to stand
between the violator of the law and its
punishment IL 1t disregards its duty.
A Grand Inquest may, if it sees iii,
present for trial persons demonstra-
lively innocent, and is only prevented
from doing so by the oath which it has
taken.
In referring to this, however, I have
no idea that 1t is necessary to speak
OF It for the protection of the public
that in my experience in this. county
such violations of the oaths Of grand
jurors have seldom been brought to
my attention. 1t has been rare that
| PiCJduit6 Vi DldS mas Dten allOWe0
to hold sway. | merely mention this
TO say how autocratic a Grand Jury
may be If it desires to be so.
You are a judicial body. Just as the
court ID. You do not have the same
formalities, but perform the same line
of Investigation. You official action
Is the foundation of criminal investi-
CATION. as you m the witnesses
and you hear their testimony as to
what the facts are. You do not inves-
tigate as to what their theories or
conclusions are, but the function of the
witnesses is merely to tell what they
saw You want to go to the fountain
head and not take anything second
hand.
Your investigation. while IT is not as
| run as that before a trial jury, merelv
requires you TO say on the proof sub
mitted as to the probable cause of
guilt. II there is a probable cause of
guilt as shown by your Investigation,
you indict. II your investigation fails
TO disclose such probable cause. you
discharge.
You are to investigate carefully
every alleged violation of the criminal
law which is brought to your attention.
You are to investigate without preju-
dice for or against the person CHARGED
and make a true return Of the con-
ciusions which you reach, II you dc
that you cannot go wrong In the duties
which the law has imposed upon you at
this time.
III In the course Of your investiga-
tons matters come np to trouble you
on which you desire the advice OF the
court, the court is always open to you
After Foreman Jepson had announced
that Constables Harry w. Rawnsley and
Frank w. Wallace had been appointed to
guard the Grand Jury room, the jurors
retired. made up their committees and laid
other plans for covering the crimes OF the
county.
In view of the fact that the chief justice
will be busy during the early part Of the
new term in the Court of Errors and Ap-
peals in Trenton, he turned the Circuit
Court cases over to Judge Heisley.