Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-04-04
CHIEF JUSTICE
GUMMERE OPENS
NEW COURT TERM

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and city boards. suggestions with rela-
ton to public buildings, and as many
other matters as there are minds in the
grand jury. To consider or suggest all
of those things are entirely outside the
functions of a grand jury.
Rsps Presentments.
"As citizens, OF course, you are in
terested in the administration of public
affairs; as grand jurors these are nc
more your concern than they are the
oncern Of the court.
1.-THE people have selected other
agencies for the transaction of the
public business. They have not con-
fded it to the courts; they have no:
confided 1t to the grand jury. If those
agencies fail to perform their duty as
the law creates 1t, and II such failure
violate the criminal law, then, Of
course, they fairly come within your
Jurisdiction. And II you find h exist
ence of such failure IT is your duty t.
indict.
but, unless that condition is found
to exist, as I have said before, wha'
they do in the carrying out Of theil
public functions is no concern what
ever of the grand jury. Many Of tht
presentments submitted to this cour'
are of no more value as public docu.
ments than SO much waste paper would
be. II Is a useless waste of time anc
brain matter to formulate such docu'
ments and submit them to the cour'
| and cumber the files Of the our VIII
them.
IT have spoken at length on this mat,
ter. gentlemen, because / think the tint
has come when such practise, not justi-
fled by law at all. should come to ar
end. And since your immediate prede-
cessors in Office, without any sngges'
ton from the court, In their own good
Judgment decided to abandon the prac-
tise, / think what they have started
would be we'll for succeeding bodies OF
the grand Jury to continue.
Shooting Of Escaped Prisoner.
81 said there was one thing about
which I would speak specifically TIC
you. That Is the case Of a police officer
who, some weeks ago, shot and killed
an escaping prisoner:
"This prisoner had been arrested for
an assault with intent to Kill. He had
undertaken to rob a Chinaman. as ]
understand the facts, and. being resist
ed by the Chinaman, shot him. He
afterward broke into a clothing store
and stole property Of the value OF some
$40 and soon after that was arrested.
He was taken before a magistrate,
held in bail and was then sent to The
county Jail because of his inability to
give bail. He escaped from the officers
who had him in charge n got away
from them entirely.
Headquarters was notified n n
general alarm was given to the OFF,
GERS Two Of them discovered the
whereabouts of the escaped prisoner,
and when they went to the house where
he was supposed to be, he fed. They
followed him, called on him to stop
and fred several shots In the air to In
timidate him. They did not succeed
In doing that. and finally one OF TIT
caused death.
Whether the officer, in doing what HI
did, had violated the criminal law?
This man was under arrest for what
in the old days, used ito be called
felony that is. grand larceny. We nov
call 1t a high misdemeanor.' 1t Is still
in essence, a felony.
Now, / have extracted from the
opinion OF a distinguished jurist tht
law in relation to UGH a condition
and 1t Is this:
IAN officer having a. prisoner II
custody for felony who attempts t.
escape will be excused for killing hin
If he not otherwise be retained
But II he a be otherwise retained
without resort to such harsh measur,
II will be at least granddaughter t.
kill him.
THAT proposition was laid down il
relation to an officer who actually hat
a prisoner In custody, from whom h
escaped. But the legal principle Il
equally apAlicable to any other office,
who Ia called upon to arrest an es
Gaping prisoner.
SO, in this particular case, the ties
is that suggested in the extract from
the opinion l have just read to you. 1
1t appears that. at the time the office,
fired the fatal shot, the prisoner coul,
not be retained except by shooting him
then the law excuses the officer for hi
act. But II that wal not the situation
IL he could have been retained withou
resort to such a measure, that is. II |
fairly appeared from the facts that h
could have been retained without beinl
shot. why then. the officer Is guilty.
think, of granddaughter.
That 10 the only matter OF suficien
important to refer to specifically a
this time.
You (, -ay now elect your officers an,
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