The Cairo bulletin., 1907-02-16
JURY SYSTEM IS
CALLEDCOWARDLY
ILLINOIS HOUSE COMMITTEE
HEARS TALK ON THE
M'GooRTY BILL.
ENGINE OF OPPRESSION
Is the Present Grand Jury, Declares
Attorney-NeW Act Makes
Criminal Proceedings
Open to Public.

| SpFluSHelu, ill feD' IO.-r llsI
steps were taken by the house com
mttee on judiciary at special meet
ing today TO abolish the grand jury in
Illinois.
The committee met to consider
house bill No. 95. introduced by Mr..
McGoorty, of Cook County This bill
was drawn by Joseph B. David, of
Chicago, who advocated his measure
vigorously before the committee No
formal action was taken, but Chair
man Sheldon of the committee Tues
| day will name a subcommittee of five
members to consider the McGoorty,
Lantz and Mclaughlin bills-all bear
| ing on the same subiect-and 10 re-
port committee bill for submission
| to the house.
Attorney David, who has practiced
for twenty years and who is reputed
to be one Of the most experienced of
Chicagos criminal lawyers, told the
committee that he represented no
body but himself and a desire TO do
away with an engine of oppress sion"
in the Jurisprudence of the state. The
Chicago lawyer went after his sub.
jeCt with hammer and tongs and the
manner in which he denounced the
grand jury system electrified mem
bers of the committee. some of whom
were disposed to fight him.
Grand Jury a Fraud"
IF you have no personal interest
In this measure" asked Mr.. Pierson
OF Wilmette, why is it that you are
seeking to dsorganize the criminal
law?"
Il am not trying to disorganize the
criminal law" retorted Mr.. David
hotly. Il am trying to reorganize 1t
because the grand jury system is a
fraud and cloak behind which the
states attorney hides.
Mr. Chipperfeld of Canton took ex.
ception 10 Mr.. David's statement that
the states attorney has no right to |
nolie prose a case without the con- |
sent of the court and when the Can
ton man was told within uch empha- |
sis that he was wrong he left the |
committee room.
Il insist" said Mr. David, that the
court has no right TO make any in
quiry into the motives of the states
attorney in moving to nolle prosse a
case and that the states attorney is
supreme in the control of prosecu
tons
Representative Navigate of Cook.
said he was in favor of the McGoorty
bill, He cited an instance of heinous
attack upon a woman in Chicago, fol.
lowed by a hearing before Judge Doc
ley. who held the defendant in $1,000
bonds
Had it not been for the fact That
the grand jury was in session and
ihat It was then possible to iudict
this defendant he would have been
able t. jump his bond" said Nav-
cato. IF prosecutions could be begun
en- information there would be no dan
ger of this class of men escaping"
Calls System cowardly.
Attorney David asserted with much
that the grand jury sys
tenn was a cowardly institution, that it
was a relic Of barbarism and that it
men who wish to wreak ven.
seance on personal or political enc
mics an opportunity to stab them in
he dark by putting before the grand
jury eX parte testimony without Civ
ng the accused an opportunity 10 be
heard
The vice Of the system is its ire
sponsibility." shouted the Chicago
awyer. Under it an inrocent man
nay virtually be convicted of crime
n the minds of the community and
fet be unable TO put his finger on the
nan or men who brought about his
downfall The work of the grand juhy
S done in the dark. in secret, and all
he sa isfaction that the accused get
,ut of the situation is that the grand
ury did il"
n, body is responsible. Under this
iii the proceedings must be in the
'pcn. Tine accuser must face the ac-
used. and if men lack the nerve and
moral courage 10 make charges
harges should not be made
Mr.. David asserted thai The grand
ury was abolished in Michigan in
$50 and that It had been eliminated
n Wisconsin. Montana, Nebraska.
Nevada. Wyoming and California
The speaker cited cases 10 show
here is nothing in the federal con
titution to prohibit states from sb-1-
shing the grand jury and that the
fcGOorty bill is framed along the
ines Of the Wisconsin law.
Present Law Compromise
President Miller Of The Ulirois
,fafes Afforue,-se oecociaffou Ctofo. Z