The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-10-07
REMAINS OF MAN WHO SHOT HIMSELF
FOUR MONTHS AGO AT s1NGAc ARE FOUND
SHERIFF ON JURIES
SAYS SYSTEM OF DRAWING
IS WRONG.
sornmer Thinks Commission Should
select Grand Jury Roll and Court
Make Selection.

sheriff Frank H. Sommer is in favor of
removing from sheriffs in this State the
mower of selecting grand juries, and in an
address he delivered Saturday evening be-
fore the New England Society OF the VI
anges gave his reasons.
THE sheriff stated that the fact that a
Grand .Jury under the empaneling system
had been used as an instrument OF perse-
crtion has led in some States 70 tne
adjustment Of the Grand Jury, but ne ala
not want to see<it abolished in this State.
tn II were abolished the entrusting of de-
Gliding indictments would be left to a
single Individual prosecuting ofncial
The Judgment of twenty-three men would
he substituted by that Of a single man,
| and nothing would be gained, he averreo.
| He said he would not be content with the
suggestion that the sheriff should submit
a hist to the court for approval.
.oThe courts are overwhelmed and have
M time to give proper scrutiny to a list"
| said he. and he then told of his system Of
| drawing a jury by placing names in a re-
volving box.
The sheriff also declared that ne ne-
| lieved in having power conferred on lne
| Grand Jury, especially giving 1t the right
TO visit institutions, compel the showing of
INV records and giving the jury power to
| indict. In fact, more visitorial power.
sI believe that the Grand jury should be
continued as a part of our system OF ao-
ministering the criminal law ne con
| tined. Il believe, however, that the power
of selecting this jury without nomination
of anyone should be taken from the sheflt
by constitutional amendment, If such an
amendment should be necessary, and that
the power of selecting the jury should be
vested in a commissioner or commissioners,
whose duty should be to prepare a special
list for grand jury service, and that selec-
ton from that list should be in open court
and by lot, | realize there is no magic In
system andf that much depends upon the
man in whom power of selection is re-
posed. But the existing system under
which the sheriff is chief of the con-
stabulary of the county and authorized to
| apprehend criminal offenders, and at the
same time is empowered to draw the grand
iury which must stand between the ac-
cused and his presentation for trial, and
Is further empowered to draw the pett
jury before which the accused must ap-
pear for trial. If indicted IS an ln~totstaoie
which may be imagined, may. lead 10 gross
injustice. Beyond this, I believe the strip,
ping Of the power OF drawing grand ana
him to his work as a peace official would
take from the office of sheriff those char
acteristics which make i a most highly
regarded partisan political asset, and
which lave led to the now famous declara-
ton Elect your sheriff and to - with
the law.
The Sheriff also stated that in 13nly one
of the States, New Jersey, is he common
law system of selecting jurors = lbstan-
TALLY in force. He recited, the GA Eeati.ee-
crecy taken by the Grand Jury, which
The Grand Jury d2liberates. 1.od T+
facts regarding the man in Its !
is required to indict and does indioae ois-
stands the oath binding its meml9f at
secrecy, and that oath binds all. A persc
accused has no right to demand an inspec-
ton Of the jury minutes under the present
system OF the State of New jersey. no
right to question testimony presented"
Alden Freeman, who also gave a talk,
told how long he believed the oath Of Sc
crecy to be In force.
"I have made q study of Grand Jury do
ings during the summer" he said, "espe-
cially regarding the oath of secrecy. l
found that there was a time limit TO the
oath of secrecy. There are three reasons
for the oath. First, to keep an unarrested
person from escaping; second, for prevent
ing defendants from collecting perJurpd
testimony; third, to render witnesses be-
fore the Grand Jury more free in their dis
closures. When these reasons cease to OPP
epate the authorities agree that reveal
lions OF Grand Jury dolngs, which justice
demands. may be made, and the witnesses
may be the public prosecutor, q third per-
son present, a juror himself or one VINO
gave testimony before the Grand Jury,
who may even be required 20 state what
his own testimony was.
: I'm the case of the United States against
Harrington it is stated that when. II be-
comes necessary to protect pH5Aie. or
private rights any person may disclose
what transpired before the grand ju y. The
rule which may be adduced from the
authorities and which seems consistent
with policy OF law is TINT whenever it be-
comes essential to ascertain what has
transpired before a grand jury it may be
shown. no matter by whom, and the only
limitation is that 1t may not be shown
how the individual voted or what they said
during their Investigations, because this
cannot serve any of the purposes of justice.
I'm the case of Huidekoper VS.. Cotton,
at Pennsylvania, Justice Huston said that
part of the grand jury oath pledging to
secrecy has been the subject of mreh OBJ
servation and some misconstructton. 1t
was framed in another country, and during
q state Of society different from that in
which we live. That part of the oath was
intended to punish the guilty without risk
to those who in the performance of their
duty took a part in the proceeding. But it
was never intended to punish the innocent
or obstruct the cause of justice
Edward K. Sumerwel offeerd a resolu-
ton that the society go on record in favor
Of the recommendation made by Sheriff
Sommer, but it met with opposition from
Absalom p. Bachman and others. Follow
ing a debate the resolution was referred to
the welfare committee.
The nomination committee presented the
following list of officers to be voted upon:
President, Wilson Farrand. the present in
cumbent; vice-presidents, Thomas A. Davis
and A. c.. Smith; counselors, Joseph d.
A. Won Nostrum and the Rev. Adolph
Roeder; treasurer, Charles A. Lindsey: re-
cording secretary, Alton T. sherman:
correspondents secretary David 7. Piareo,,