The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-10-29
JUR
SWORN IN BY
TEN EYCK
Delivers His First Charge
to Body, Instructing Mem
bers on Duties.

The second September Grand Jury was
sworn in before Judge Jay Ten Eyck in
the Court of Oyer and Terminer today.
The court delivered a charge in which the
duties of jurors were dwelt on.
Il was the first Grand Jury charge de-
livered by Judge Ten Eyck since his ele-
walton to the bench, Chief Justice Gum
mere usually taking tia task upon HIM
self. Owing to court business in Trenton,
however. the chief Justice was unable to
be in town today.
While it was Judge Ten Eyck's first
CHI, rye to a Grand Jury. it was the last
time that County Clerk Arthur Horton
will figure in Grand Jury ceremonies, as
his term expires the middle of next month.
After Clerk Horton had called the list
heaGed by Franklin Conklin, of this city,
as foreman, Arthur l.. De Croft, also of
this city, a retired business man, was ex-
cused from service, so as to make the
legal twenty-three. When the jurors a
been sworn the foreman that
~oonstables Harry Rawnsley and Oscar
Schaefer had been appointed to door duty.
Then the jurors retired to effect o~rganiza-
ton.
In his charge the judge said:
0SuLiemeu OF the GraDu Jury-In &C
cordance with the provisions of a recent
act OF the Legislature, the Grand Juries
empanelled at the beginning of the present
Term were. at their own request, excused
from further service, after having served
TOT a period of six weeks.
am Informed that all the more I'M
portant cases to which their attention was
sPeclncaily called by the chief Justice in his
claFse at the beginning Of the term were
taken UP and have been disposed of, so far
as tne duties of the Grand Jury are con-
"As criminal business ALWAYS accrm,-
iates rapidly In a county of this size, you
nave peen summoned by the Sheriff to take
up qe cases still remaining and those
Wnicn VIII require consideration during the
remainder of the present term,
4 am informed that at present there are
NO homicide cases which will require your
time to charge you in elation to the
proper method of procedure In the con-
sideration. of such cases. If any shouId
arise during the balance Of the term a
special charge will be made for your guild
ance. l know of no cases of general public
Importance (which require special mention
at this time. The court will be ready at
any time to give you any directions or in
structions, and you will have the benefit
of the advice and assistance of the public
prosecutor in any matter in which Won
may require it.
zone important thing is that all matters
brought before you should be kept secret.
If this is not observed the ends Of Justice
may be defeated, or, on the other hand.
great injury to innocent parties may re-
suit.
THE duty Of the Grand Jury is to in
yestigate, and, in proper cases, to indict.
If you find that the evidence shows no
criminal liability that will end the matter.
In the investigation of charges of viola
tons of the criminal law you should pro-
coed only upon legal evidence produced
before you.
indictments should be found only where
the evidence Is sufficient to satisfy you
that the case is one in which, If no de-
Tense were made, 1t appears that some
part of the criminal law of the State has
been violated. Your duty is not to de-
termine the ultimate question of guilt or
innocence. You hear only the States side
OF the case, and determine whether or not
the evidence is sufficient to make out a
pr1ma facie case of guilt and require the
accused person to be placed on trial before
tne court and a petit jury; If indicted, he
VIII tnere have an opportunity to present
ms defense and the case will be finally
disposed of.
You should be satisfied not only as to
the questions of fact, but whether, as a
matter Of law, the facts found do or do
not warrant an Indictment.
III IS part of the duty of the Grand
jury 70 protect innocent persons from
prosecution upon unfounded or insufficient
charges. It is equally Important that
where a prima facie case of guilt Is shown
Indictment should follow; for in no other
way can violators Of the criminal law be
brought before the court for trial, and
unless indictments are found crime will go
UNPUBLISHED.
I'm the lanarase Of the oath you have