The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1908-01-21
Directions by Court TO New
Grand Inquest in Killing
of Inspector Fischer.
INSTRUCTIONS BY JUDGE
Shot Fired During Attempt to
Commit Burglary Justifies the
Murder Finding =. Jurors
Should Protect Innocent
but Present the Guilty.

With the usual formalities, the sec
nnd December Grand Jury, with Ben
iamin Atha as its foreman, was sworn
into office by County Clerk John b.
N3olston today, before Judge Ten Eyck
sitting in the Court of Oyer and Ter
miner.
The only specific instructions given
were TO remind the jurors that they
should indict for murder, II the evil
dence should warrant it., the two young
men, Antonio Bennsto and Antonio
Parriso, who are unde arrest for the
killing of George II. Fischer, the tene-
fnent house inspector, early New Years
morning, at his home, 40 Congress
street, while he was interrupting them
at their burglarious work at h adj
joining house. Congress and Lafayette
streets.
The remainder of the charge was
made up of general instructions.
J. Donald Morris, of South Orange, as
The last juror on the list of "a, was
excused. so as to bring the number of
grand jurors dow to the legal %.
Under the law OF the State as at
present constituted" Judge Ten Eyck
said, THE Grand Jury selected at the
beginning Of this term has beer ex-
cased from further services and you
arc called Upon to proceed with the
work which your predecessors have left
undone.
In this county" he added, "as in
every county of this size. there are
always a large number of cases of a
criminal character to be disposed of.
/ presume that some of you have
served on grand juries before and are
familiar with the business, but for the
benefit of those that are not, l wish to
say a few words.
1T is within your province and duty
10 consider the evidence brought on
the part of the State. You are not
10 try the case or determine the ulti-
mate question as to innocence or guilt.
That is a matter for the trial jury.
But you are to determine whether
there is reasonable cause for indict-
ment and if so, you must indict.
You are not to indict because Of
mere hearsay or rum1r; and so far as
a question of Law arises you are to
take the advice of the prosecutor. 1t is
his duty to advise on all law matters
and the legal duties that your acts in
volve. You have also the right to ask
for any advice you may require at any
time during your service from the
court. Tt is important that in your
deliberations you protect the innocent
as we'll as present the guilty.
1T Is YOU duty to indict persons ap-
parently guilty and to protect those
against whom accusations are made.
There are a great many cases of or
binary nisdemeanors and probably a
few higher crimes to be brought before
you at this time, but there is only II
case where arrests were made for
homicide, and there may be others dur
ing the term. If there are any facts
that require special consideration you
may call upon the court later on.
THE special case to which / refer Is
that OF two young men whose names
I don't remember. arrested for having
been implicated in the death of George
ri. Fischer, who was killed January
last. There was a store next door to
his home, as I understand 1t, which
the two young men apparently at
tempted to enter at night time. Mr..
Fischer, II appears. disturbed these
two young men, a shot was fired, and
ne was killed.
IF the evidence produced before you
shows that these two young men were
attempting to commit the crime of
burglary and that Mr.. Fischer was
struck by a bullet discharged from a
revolver in the possession of one Of
them, your duty is TO indict for muir
- - IL 49, 49, -la,- l. that
OF murder. The indictment should be
for murder generally, If you find these
facts. 1t is not for you to Ak the de-
gree. That is left for the petit Jury to
determine"
AT the suggestion of Foreman Atha,
Contsables Harry Rawnsley and Frank
w. Wallace were chosen s~ergeants-at-
arms to guard the secret conclaves OF
the jurors, who retired Immediately
and organized for business.