Grand Jury Stories

Col. T. W. Knox, ín Scrilmer'y for Marth. las an ariicie on the fatuous New Yo.k irand Juiy of which he was h meml e. We quote l'ixm a ivance :luet: as follows: Nct many days after wj were convened, a case that t uchel the heart of every u.n in the room was b; oug' t bi.fore us A young irl uad buen accu: ed oí' theft. A few dollars in moni-y h ni been stolen ; t was found in her potscssion, and she '■ íad made partial coufossion. The comilainant was a woman, and tho aecusüd íad been ia lier employ. Wben the oase vas called the woman entercd the juryoom and was sworn bj' the foreman. She ook the ohair aasigned to ' witnesses, and ;ho foreman questioned her. " Did jou lose some inoney ' " " Yes, sir." ." Whon did you lose it ' " " On the first day of December." " Who took it ? " "The girl named in the complaint. ' " How do you know she took it ' " " I found it in her possessiou, and she onfessed taking it." " Tliat will do ; you can go." But the womau kept her seat, and movd her hands uneasily. " You enn go," aid the foreman ifï.nu, but she did not tart. A juror sitting near the door rose .o show lier out, and as he did so the wolan siiid : " I do not wish to press the complaint. wunt to withdraw it, and navo the girl eleased." " Why so ? " asked the foreman. " Bucausi:," and her voice began to hoke, " beeause the girl ;s young, and I o not wish to ruin her. Somebody elte rged her to stealthe money, and I think lic will do betterin future. If I send hrr o prison she inay become a proiossioiiíil bief, but if I give her a chanco she will o a good girl. She is an orphan and las no friends, and I want to üe her 'rienrt. I know she is guilty, but I want o be merciful, and I beg you to be meriful, gentlemen." Half her utterance was drowned with ears, whioh flowed rapidly down her face. 'he foreman told her to step outside and ie would cali her again in a few momento, nd inform her of the result of her elouuiit appeal. " Be merciful, gentlemen," vere her last words as she elosed the door. It was votcd to dismiss the complaint, nd when tho foreman called her to the oom, told her of the result of tho vote; and eommended her for het kinJness of ïeart, her teara flowed afresh, and she hanked us thruugh broken sobs. Iknow .hat in tliat room more oyes than hers vere wet - oyi s not accustomed to tears. But soon a discussion aiose as to the jropriety of our action. Wben vlie Grand iury was impanneled, the following oath vas administered to the foreman: " You, Lucius S. Comatook, as Foreman of this Grand Inquest, shall diligently nquire and trae jmseutmentmake, of all such matters and tirinas as shall be given rou in charge ; the counsel for the people of this State, your fellows und your own.' r-ou sball keep secret ; you shall present io one froni envy, hatred or inalicc ; nor biiall you leave any ono unprosonted hrough fear, favor, affection, or hope of eward ; but you shall present all things truly as they come to your knowledge, according to your understanding : So help you God ! " And to tho other rnembers the following oath was administored : "The same oith whioh your foi'eman has taken on his part, you, and each of you, shall well and truly observa and keep on your part : So help you God ! " Sorao of tht: jurors thought we had no right, under our oath, to show favor, no matter how strong might be tho appeal to our sympathie. Every wan in the room wished to bo lenient, but at the same time, abovc all other things, wishud to do his dutj'. Tho difcussion x-esultcd in our sending for tho District Attorney and asking his advice. After hearing the oaso, ho said there was a dift'erence of opinión as to thí power of a Grand Jury. " You can undoubtedly," he contiuucd, "ezercbe your cretion in certitin cases, and act as you think is for the; best intorests of society. It is botb right and proper that the Grand Jury, and also the District Attorney, should bo clothed witli a discretionary power, ás it i'ri'qiu ntly happens that they can do more gcod by exuioising it than by following the strict letter of the law, I will give you uu illustratiun : Souie years ago the case of a young man charged with embezzlement was placed in my hands to prosecute. His employer was dotermined to push the oase ; he was rather ugly about it, and there seeiued no other C0U1S3 than to prosecute. Tho young man was out on bail, and came to me to bug to bo let off. He said he was guilty and should so picad ; that he had an invalid sister, and with tho utino. t economy on his sniall salary he was unable to support hiuiself. He knew that this was uo excuse for his theft, but he took tlio inoncj' undcr groat temptatápn, añil did iiot realizo tho enormity of his oft'euse until ho had committed it. ' You can send ine to tho ponitentinry,' ho said, 'and nobody can blamo you; butyouwill ruin nu; loi' lile and bring disgrace upon my parenls and sister, who do not know that I aui chaiged with crime. If I cnn be released and llie matter liushed up, I will faithfully prorniss to do botter in future, and 1 think this wil! bo a lifo-long lesson to mo.' lie ploaded so earnestly that I promiscd to do what I could for him. I sout for his accuser, and urged him to withdraw tho charge. At first ho refused, but I luid tho case before him in such a íiglit that he at last consented. And I thon urgod him to take the young man back and give him a nt.-w trial, and after much talk I succeeded. The oompluint was withdrawn, tho young man was restored to his positiod; in a little timo liis salary was iucreased ; by and by the tirm diseolved in cunsequenco of the death of ono of i's members; tho young man went to anothor house, proved liiiusélf "worthy of oonfldence, and to-day he is a menibnr of that huusc;, and as honorable and upright as any . business muii in New York. He has í.ever forgotten and will neverforget that lesson. lf he had gone to tlie ionitentiary his worst fears would have boon realized. Whon au fender is yuung, the otl'unsc is a first onp, and tho offonder appears penitent, it is eutirely proper fur you to eieroise leniency by diamisaing the oomplaint; and in the case now beiore you, gentlemen, you have been entirely right in your action." As the District Attorney ended his remarka there was a round of applause, in wbich I ain certaiu evcry memoer of the jury partioipated. Those wlio had been most doubtt'ul of tlie propriety of our action were hcartily glad that their doubts were not well founded.