Year: 1872

of which he was a member. We
quote from advance sheets as fol-
lows:


"Not many days after we were
convened. 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 stolcn;-
it was found in her possession, and
she had made partial confession.-
The complainant was woman and
the accused had been in her en-
ploy. When the case was called
the woman entered the jury room
and was sworn by the foreman
She took the chair assigned to wit
nesses, and the foreman questioned
her:


Did you lose some money!


yes, SIR


when did you lose it?'


'On the first day of December


who took it?'


'The girl named in the COM
plaint.'


'How do you know that she took
it?'


4 found it in her possession,
and she confessed having taken
it,


THAT will do! you can CO.


But the woman kept her seat, and
moved her hands uneasily.


you can CO. said the foreman
again; but she did not start. A ju-
ror sitting near the door rose to
show her out, but as he did SO, the
woman said:


4 do not wish to press the COM
plant. l want to withdraw it and
have the girl released


why SOP asked the foreman.


Because" and he: voice began
to choke, ''because the girl is young,
and l do not wish to ruin her.
Somebody else urged her to steal
the money, and l think she will do
better in the future. If l send her
to prison she may become pro-
fcssional thief, but if i give her a
chance she will be good girl.
She is an orphan and has no friends,
and / want to be her friend. l
know she is guilty, but I want to
be merciful, gentlemen"


Half her utterance was drowned
with tears, which fowd 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 COM
plant, and when the foreman called
her to the room, he told her of the
result Of the vote and commended
her for her kindness of heart,
whereupon her tears flowd afresh,
and she thanked us through broken
sobs. l know in that room more
eyes than hers were wct--eyes not
accustomed to tears.


But soon discussion arose as to
the propriety of our action. Some
of the jurors thought we had no
right, under our oath, to show IA
vor, no matter how strong might be
the appeal to our sympathies. Every
man in the room wished to be leni-
ent, but at the same time, above all
other things, wished to do his duty.
This discussion resulted in our
sending for the District Attorney
and asking his advice,


After hearing the case, he said
there was a difference of opinion
as to the power of a Grand Jury.
"You can undoubtedly,''' he con-
tinued exercise your discretion in
certain cases, and act as you think
is for the best interests of society.
1t is both right and proper that the
the Grand jury and also the
District Attorney, should be cloth
ed with discretionary power, as it
frequently happens that they can
do more good by exercising it than
by following the strict letter of the
law. 1 will give you an illustra-
ton: Some years ago, the case of
a young man charged with embez-
element was placed in my hands to
prosecute. His employer was de-
termincd to push the case; he was
rather ugly about it, and there
seemed no other course than to
prosecute. The young man was
out on bail, and came to me to beg
to be let off. He said he was gull
ty, 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 committed it.
you can send me to the peniten-
tiary,' he said, and nobody can
blame you; but you will ruin me for
life, and bring disgrace upon my
parents and sister, who do not know
that l am charged with crime. II
l can be released and the matter
hushed up, will faithfully promise
to do better in the future, and l
think this will be lifelong lesson
to me- He pleaded so earnestly
that l 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 l
laid the case before him in such a
light that he at last consented. And
l then urged him tostake the young
man back and give him a new trial,
and after much talk l succeeded.
The complaint was withdrawn, the
young man was restored to his posi-
ton; in little time his salary was
increased; by and by the firm dis
solved in consequence of the death
of one Of its members; the young
man went to another house, proved
himself woIthy Of confidence, and
to-day he is Il member of that house,
and as honorable and upright as


J.