The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-09-17
GRAND JURY
IS CHARGED
BY GUMMERE
fcontInued from rlrst Pags.l


word or two as to the rules governing you
In your procedure.
You know that the purpose of the
Grand Inquest is the investigation of
charges Of the violation Of criminal law
and the determination In each case whether
or not there has been such violation. The
preliminary question III each case is to
find nut whether an act which has been
charged against an individual has been in
violation of the criminal law. Generally
that is a question which Is very easily an
swered, but sometimes it is a question of
| dificult solution and when you are In
doubt the Prosecutor of the Pleas or the
court Is always ready to be at your service.
when you come to the conclusion that
the act is not criminal then your investi-
| cation ceases, except for certain purposes.
When you reach the conclusion that the
act is criminal. then you TAX up the ques-
tIon as to the degree and find accordingly.
You only hear the witnesses on behalf of
the State who testify that a crime has been
committed, and the evidence of the State is
thus laid before you. Then, when you have
heard it. you are to say whether that evil
dence makes out a prima facie case OF
guilt. If you find that 1t does you leave
the matter to the court and petit jury.
II you find that a prima facie case has not
DGe0 mHue OUT Iue mdllCi Chdo thCANs
81 think that a Grand Jury should con-
sider the methods of administration of
county and city government and point out
where they are defective or may be i'm
proved. That is done by a presentment-
The custom sprang up in this county 10 n
great extent under the late Chief Justice
Depue, and It is due very largely TO ms
wise administration of the law that the
county enjoys such an excellent reputation
h. i. = = 4A~ Rblia nfH0OG
'In dealing with this matter, however,
YOU ought always to bear In mind that
n presentment Is sometimes a cruel thing.
When a man is indicted his character IS
stained, because the general public beheves
that he would not be indicted unless ne
has violated the law. If a man is innocent,
he has an opportunity TO. demonstrate pc
fore his fellow citizens, before a petit jury
that fact. But where a presentment be-
smirches the reputation OF a man ne mas
no opportunity to justify himself before
his fellows. He goes through life with
that stigma on him-there are no charges
which he may meet.
"a Grand Jury should be particularly
! careful in its presentments never to charge
an individual with a wrong act that Is
detrimental to his cha raeter, unless the
proof is absolutely conclusive.
I'm a county of this size crime as al
! WaVS prevalent anu JlcIt 10 a o. u
criminal business that has accumulated
and must be investigated by you. Not
very many of these are cases of SUCH I'M
por:nn, e as to require any specific mention
at this time. They will be laid before you
by the prosecutor and his staff"
The chief Justice then called the Atten-
ton of the Jurors to the two murder cases
that will be brought before them, those
of Charles Smith. the negro, who killed
Luther Barnes, another negro with q
stone : August 70 last. and of Loren
20 Maglia, who shot his sister-in-law to
death June q last. He renewed briefly
the stories Of the killings as told at the
time. and directed The Jurors to ind for
murder in each case unless they near
trustworthy evidence to the contrary. Inc
degree of crime, he said. could be fixed at
the trial by the petit jurors.
Before telling the jurors that they coulo
serve more than six weeks If they wanted
to. and to inform the court whether they
aid SO desire or not at soUe future time
the Chief Justice said that they would
have to consider a large number of man
slaughter cases. They grew out OF accl-
dents caused by trolleys. trucks and au'
tomobiles.
THE law" chief Justice Gummere con-
cluded, lis the same in each case. whether
the accident was caused by trolley. truck
or automoDlle. 1T Careless nv n
disregard for the lives and safety % otn'
ers has been shown by your investigation
In any one of these cases, such motornian
driver or chauffeur SHOULD be indicted fol
manslaughter The public highways arc
free for all, everybody has the right t.
use them, but no one has the right to ust
them to the exclusion of others. Every
man is bound, however. to be careful. 'ant
II any vehicle is run recklessly and with
out regard for the safety of others ant
an accident results. such person running !
should be indicted for manslaughter."
Since the last term of the county courts
closed two distinguished lawyers. Cort
landt Parker and Wilberforce Freeman
have passed away Horace G.. Grice. AZ
secretary Of the Lawyers Club. called the
attention of Chief Justice Gummere in thu
Supreme Court circuit to that fact today
soon after the September term opened, and
presented he resolutions of condolenc'
passed by the members of the bar at th'
time. The justice formally directed thai
they be spread upon the minutes Of the
court.
Judge Adams will get busy tomorrow Oh
the thirty-hve cases on the Supreme Cour
list that were turned over. to him by tn
Chief Justice, who is too busy in the Cour
of Errors and Appeals in Trenton to sit OF
the local bench for some time. judge
Heisley will try Circuit Court cases tomor
row.