Perth Amboy evening news., 1911-10-19

to the grand Jury. which has re-
fused to act OF Indiet even against
their solemn cath of Office. On the
other hand, Indictment after indict-
ment, has been procured. through
some known or unknown influence,
against innocent people, who Ave
been affiliated with or have not been
in sympathy with the party whicn
created the sheriff.
Again and again the public prose-
cutors have gone before the Judge
of the court in which the indict-
ments were to be tried and inform
ed the Judge that there was no evil
dence upon which he could convict;
that, in his opinion, the man against
whom the indictment was found was
guilty of no crime. Yet, you have
heard 1t urged that the grand jury
could serve as q mean of protecting
the citizens against unfounded accu-
sations, whether 1t comes from the
government, or be prompted by par
tisan passion, or private enmity. 1t
Is true that the grand jury system
was created under a strong monar-
chy to protect innocent subjects from
unfounded prosecutions in the name
of the Crown. And yet you can see
that in this country 1t has aided in
the persecution Of innocent subjects
in the name of the people.
Under this system no one is adj
mitted to the grand Jury room ex-
cept the accusing witness and he is
even protected by law from prosecu-
ton In case of perjury. He can
swear to anything he pleases with
out being held accountable for his
crime. What he has said in the
grand jury room Is kept secret.
There Is no access to the minutes of
the grand jury. And the grand jury
lis MOI permitted to speak as to what
has been said or done before them
In session. The law requires that
twelve men of the twenty-four shall
vote in favor of an Indictment, and
yet there Is no legal means of ascer-
tanning whether the required num-
Der have voted for or against. The
jury does not take the palms to learn
about the standing and reputation In
the community Of the accused. 1t
does not even take the pains to learn
as to the veracity of the complaining
witness. ] have heard that the grand
Jul hh5 OAdll1llCa bGfClal Nktl6cS~
es during fifteen minutes and they,
Immediately after hearing the wit
nesses, voted for or against an in
dictment. The rule of secrecy has,
thank God, been changed In the
State Of New York. There you can
get access to the minutes. You can
even hold a mar for perjury commit
ted In the grand jury room. But In
New Jersey the law has not been
changed. 1t means that If a man
has no friends or property he must,
after the Indictment, go to Jail and
stay there until his trial. Yet that
very man Is often acquitted at his
trial. He has no remedy IN case he
is found innocent. Do you consider
that protection OF liberty and repu-
tation, and yet, a large number of
the public consider an Indictment
equivalent to guilt, which 1t is not.
i have been informed that the grand
jury system has been abolished in
the State of Connecticut. In that
state a complaint can be sworn to
before a justice or other magistrate.
Ii the magistrate believes that a
crime has been committed, he may
hold the accused for trial. In this
way politicians and private citizens
are tried alike.
It is true that Section 15, page
1S46. Gen. Stat, OF N. r., and Laws
or 1905. page 218. provide that It
shall be- the duty OF the sheriff to
deliver 4 list OF the Jurors by him
selected for service to the clerk OF
the court, who shall thereupon file
the said list and lay the am before
the Judge Of the court for approval.
This does not alter the situation
much as the Judge Is always human.
He may be very honest and yet he
would not know the character OF
each Juror. and Il fact tho law does
not demand of him to know 1t. There
are only a few cases where the Judge
has taken advantage of his right to
disapprove the list filed by the
sheriff. Furthermore, a Judge Is
usually a creature of and affiliated
with the political party which elect
ed the sheriff. In that case there
would be very little reason to be-
lieve that he would disapprove of
the list OF jurors selected by his
brother, the sheriff.
Another important duty imposed
on the sheriff Is to draw the petit
jury. The petit jury is that body of
men who decide Issues of facts In
criminal and civil cases. This duty
is, indeed, very important and re-
quires great Judgment and moral
courage. In the trial for murder
these men hold the key Of life and
death. In action for libel and de-
famation they are the judges of
character and reputation. Character
and reputation you cannot buy with
money. Many a sensitive and hon
orable person considers reputation
and character as precious as life it.
self. Questions OF these sorts can
only be decided by men of character
and morals. The jury is usually the
picture of the sheriff who selects
them. And yet the community is
bound by their verdict. This body
of men decides also the right to COM
%pensation and the right to the pos
session of property. Their decision
often means a mans financial ruin,
whether he be right or wrong. That
a man should recover when he Is in
the right, we. all admit; but that a
man should avoid a legal and moral
obligation IS not only wrong but
criminal II effected by perjury. 1t
Is conceded by every counsel and
Judge that unrighteous verdicts are,
term after term, handed down by
the Jury. Their verdicts are at
times SO dark and cIouded that 1t
cause the entire court room to look
with suspicion. Here again, the Jury