Evening star., 1933-07-16
Continued From First Page)

and extensively employed by Federal
prosecutors. On June % dispatches
from Pittsburgh told how large num-
Der of the most prominent politicians
in that city had been indicted by Fed
eral grand jury in an election fraud
case. 1t was a Federal grand jury that
indicted and brought to justice a score
or more of persons charged with cleo
ton frauds in Manhattan in the ls32
election, after investigation by the
county district attorney produced no re-
suits.
Three great advantages distinguished
the grand jury system of investigation.
The grand jury had unlimited power,
within its Jurisdiction. to issue sub
poenaS for persons and documents.
The grand jury hears witnesses IN
secret and holds its deliberations in
secret.
The grand jury. after hearing what
it regards as prlma facie evidence OF
crime, then and there returns an
indictment, which may be kept secret
and upon which the court must issue
bench warrant.
All other investigating agencies. even
though created by statute and haVlng
the power of subpoena, are without the
power to order a person to trial They
must submit their findings to grand
jury or. in information States. to a
prosecutor. and the evidence must be
gone over again. Very frequently star
ting disclosures before legislative eom-
mittees bear no fruit in the way of
returned indictments. That was Illus
trated in the fate of the findings of the
Hofstadter Committee of the New York
LEGISLATURE. which Investigated the mu-
nicipal government of New York in
1881 and 1882. Judge Samuel Seaoury
counsel for the committee, brought out
from time to time evidence that seemed
! to indicate indictable criminallty by
certain officials, and he stressed that
evidence in his final report-but there
the matter ended.
Secrecy ilas Great Value.
The secrecy of its proceedings is the
great basis Of the value of the grand
Jury system. In practically all of the
States and under the Federal JuriSdic-
ton indictments for felony can be OBJ
| tanned and warrants issued without the
necessity for a preliminary proceeding
before committee magistrate. at which
the main portion Of the peoples case
may be disclosed and the names Of the
peoples witnesses made public. The
advantage of that method in prosecut-
ing organized gangsters, whose prlnclpa
strength lies in their power to frighten
away or kill off witnesses, can readily
/ be seen.
District Attorney Charles B. Nc
Laughlin of Bronx County, N. Y. be-
| gan taking misdemeanor cases agains
| strong-arm blackmailers to the grane
| Jury before he was elevated to tht
| Supreme Court last March. His ex
ample has been followed by his sue
cessor, District Attorney Samuel j
Foley. and terror has come upon thu
blackmailers in that county. which i.
one of the five in Greater New York
On May 5. 1888 Mr.. Foley obtained
misdemeanor conspiracy conviction!
against four of seven men arrested
while wrecking a poultry plant as par
of the intimidation practiced in th'
kosher poultry racket which. it is esti-
mated. is costing the Jews Of the met
ropolitan area between s8,000,000 ant
$4,000 900 annually. Later Mr.. Fole.
! obtained convictions on another chargi
against three of the same racketeers
The New York Court of Appeals thi
year upheld the Bronx County plar
of taking major misdemeanors as vel
as felonies directly to the grand jur.
and obtaining action without having t
parade his witnesses before magis
trate where they would be spotted
Vigorous action by the Bronx Count!
prosecutors. with the aid Of the granc
jury, broke up the building trade
racket. in which blackmailing demand.
/ of leaders of outlaw unions we're en-.
/ forced by burning or dynamiting build
! lngs in the course of construction.
! Juries Amazingly Courageous.
| Utilizing the ancient common Law
/ powers and the New York statutor,
| powers Of the grand jury to the full
! has enabled Bronx County prosecutor
to boast that the Bronx has a lowe
percentage of serious crimes than an.
other city of 100000 population o.
more in the country.
Those who disparage the grand jur,
system frequently assert that CRANE
juries are filled with incompetents o.
with grand jurors chosen by politicians
And yet survey Of the criminal histor,
of the United States will reveal tina
| grand juries on the whole have beer
amazingly courageous. Even in Chi.
cago. in the palmiest days of the strong