Year: 1872




Not many days after we,were convened, a
case that touched the heart of every man in
the room was brought before us. A Young
girl had been accused of theft a few dollars.
In money had been stolen; it was found in
her possession, and she had made partial con.
tession. Theleomplainant was woman, and
the accused had been in her employ. When
the case was called the woman entered the
Jury>room and was sworn by the foreman,
She took the chair assigned to witnesses, and
the foreman questioned her.


"Did you lose some money ?'


eyes, sir"


"When did you lose it 2'


"On the first day of December


''Who took it 2"


"The girl named in tho complaint"


GLOW do you know she took it ?''


II found it in her possession, and she con-
fessed taking it."


"That will do; you, can go.''


But the woman kept her seat. and moved
her hands uneasily. You can go. +" said the
foreman again, but she did not start A Juror
sitting near the door rose to show her oct. and
as he did so the woman said


II do not wish to press the complaint
want TO withdraw it, and have the girl re-
leased -


"Why so 2" asked the foreman.


Because" and her voice began to choke,
"becausc the girl is young, and / do not.wish
toruin her. Somebody else urged her to steal
the money. and I think she will do better in
future. If l send her to prison she NAV be-
come professional thief, but if 1 give her a
chance she will be good girl. She is an
orphan and has no friends, and want to be
her friend know she is guilty, but want
to be merciful, and 1 beg you to be merciful,
gentlemen"


Half her utterance was drowned with tears.
which flowed rapidly down her face. The
foreman told her to step outside and he would
call her again in a few moments, and inform
her OF the result of her eloquent appeal
"Be merciful, gentlemen, - were her last words
as she closed the door,


1t was voted to dismiss the complaint. and
when the foreman called her to tho room. told
her OF the result of the vote, and commended
her Tor her kindness of heart, her tears flowed
atresh, and she thanked us through broken
sobs. / know that in that room moro ewes
than hers were wet-eyes not accustomed to
tears.


But soon discussion arose as to the pro.
priety of our action. When the Grand jury
was impaneled, the following oath was adj
ministercd to the foreman:


"You. I.ucus 8. Comstock, ns Foreman OF this





Preeentment make, OF ali such matters nd things
as snail DC given you in charge the sci for the
shall keep secrct; yeu shall present no one from
envy hatred or malice; shall YOU leave anv one
unPtesentSd through fear, favor, affection or hope
Of ofreward but you shall present all thin s truly
they come to your knowledge according TO your
understanding: SO help yeu God!'


And to the other members the following
oath was administered


"Thc same oath which your Foreman has taken
al ma ri n e
observe aud keep on your part; So help you God -


Some of the jurors thought we had no right
under our oath, to show favor, no matter how
strong might be the appeal to our sympathies.
Every man in the room wished to be lenient,
but at the same time, above all other things.
wished to do his duty. The discussion result
ed in our sending for the District Attorney
and asking his advice.


Alter hearing the case, he said there was a
difference of opinion as to the powor of q
Grand Jury. "You can undoubtedly" he
continued. "exercise your discretion in certain
cases, and act as you think is for the best in
terests of society. 1t is both right aud proper
that the Grand Jury, and also the District
Attorney, should be clothed with discre>
tionary power, it frequently happens that
they eau do more good by exercising it than
by following the strict letter of the law. /
will give you an illustration: Some years
ago, the case of n young man charged with
embezzlement was placed in my hands to pros
ecute. His employer was determined to push
the case; he was rather ugly about it, and
there seemed no other course than to prose-
cute. The young mau was ont on bail, and
came to me to beg to be let off. He said he
was guilty, and should SO plead that he had
an invalid sister, and with the utmost economy
on his small salary he was unable to support
himself. He knew that this was no excuse
for his theft, but he took the money under
great temptation, and did not realize the
enormity of his offense until after he had COM
mitted 1T. "YOu can send me to the peni>
tentIary, he said, 'and nobody can blame you;
but you will ruin me for life, and bring dis
grace upon my parents and sister, who do not
know that | am charged with crime. IF can
be released aud tue matter hushed up, I will
faithfully promise to do better in future. and
l think this will be a lifelong lesson to me-
He pleaded SO earnestly that promised to do
what L could for him. L sent for his accuser.
and urged him to Withdraw the charge. At
first he refused, but laid the case before him
In such light that he at last consented
And then urged him to take the Young man
back and give him new trial, and after much
talk L succeeded. The complaint was witb>
drawn, the young man was restored to his
position; in a little time his salary was in
creased By and by the firm dissolved in con-
sequence of the death of one of its members
the young man went to another house, proved
himself worthy of confidence, and o-day he
is member of that house, and as honorable
and upright as any business man in New York.
lie has never forgotten, and never will forget,
that lesson. IF be had gone to the peniten>
tiary his worst fears would have been realized.
When an offender is young, the ofense is
first one. and the offender appears pcnitept, it
is entirely proper for you to exercise leniency
by dismissing the complaint; and in the case
now before you, gentlemen, you have been
entirely right in your action"