About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

13 Panel 1 (1935)

handle is hein.journals/panelmbu13 and id is 1 raw text is: To increase the ediciency of the Grand Jury System TRE PANEL A Publication Devoted to the Exchange of Views of Public Officials and Citizens in the Effort to Prevent trime and Secure the True Administration of Justice PUBLISHED BY THE ASSOCIATION OF GRAND JURORS OF NEW YORK COUNTY The contributions and letters in The Panel are either credited to their authors or signed with the names or initials of their writers and the Editor assumes no responsibility for the opinions contained therein beyond expressing the views that the subjects they treat of are worthy of the attention of Grand Jurors. VOL. 13 JANUARY - FEBRUARY, 1935 NO. 1 1934 GRAND JURY PRESENTMENTS EXPOSE FLAGRANT CONDITIONS IN NEW YORK COUNTY By ROBERT R. WILKES. Criminal Court News Writer Six presentments by 1934 New York County Grand Juries plainly show the need for eternal vigilance on the part of Grand Jurors as to alleged misconduct of city and coun- ty officials as well as attempts by lawbreakers to enrich themselves at the expense of the poor and ignor- ant, by fostering games of chance and their attendant evils. The presentments, fded with the Judges of the Court of General Ses- sions, speak for themselves. They show what Grand Jurors can do, without fear or favor, when they undertake general investigations pursuant to their oath. The ques- tion is: What are the authorities going to do about them? Were it not for presentments, calling attention to flagrant condi- tions existing, which because of legal technicalities cannot be classed as crimes, the public would never hear of these conditions. In all the presentments the neces- sity of new laws to meet modern conditions is urged. The Grand Jury that made the inquiry into the prison outbreak at the Penitentiary on Welfare Island a year ago, in- dicted Warden McCann for neglect of duty and condemned the condi- tions that had existed for fifty years in the administration of the prison.. The presentment was practically an indictment of the City of New York and its past officials for permitting such conditions to exist. In the Army neglect is a crime. An army post is no more important for the protection of the people than a penitentiary. So wrote indignant Foreman Hering when told that the indict- ment filed by him and his associates against Warden McCann had been dismissed by Judge Bohan on mo- tion of counsel. Take the presentment concerning the Queensboro Bridge. Informa- tion reached the Foreman of the May Grand Jury that the bridge was unsafe. An investigation made by a committee from the Grand Jury, all competent men, showed that while the alleged defects did not in any way affect the safety of the bridge, yet conditions were such that unless certain repairs were made at once serious damage might ensue. Through the presentment it was made public for the first time that frequent requests had been made by those in charge of the bridge to the Board of Estimate and Apportion- ment for money to make the repairs which requests had been consistently denied. Why? A few legal writers are of the PAROLE REPORT A limited number of copies of the May 1934 Regular Grand Jury Report on the Parole Sys- tem of the City and State of New York are available in the Special Edition printed for the Associa- tion of Grand Jurors of New York County. This 152 page, 10 V2x 8 volume is offered at $1.00 to Association members- $1.50 to non members. Address The Secretary, 105 West 40th St., New York. opinion that Grand Juries have no legal right to make presentments. In answer to that opinion read the splendid article, entitled Grand Jury Presentments, written by Mr. Ed- ward A. Alexander in this issue of THE PANEL. Mr. Alexander shows that every Grand Jury has the con- stitutional right of presentment and no Legislature has the power to re- strict the exercise of that inherent right. Members of five Grand Juries impanelled during the year 1934 spent considerable time in investigat- ing six alleged major infractions of the law, called to their attention by three judges. In four of the inves- tigations, notwithstanding intimations that crimes had been committed, no evidence was adduced that warranted the filing of indictments. In the other two indictments followed. An eleven months investigation was conducted by the February, 1934, Regular Grand Jury, John C. McCall, Foreman, into the widespread preva- lence of the policy game in New York County. The presentment was received by the late Judge Joseph E. Corrigan in December, 1934. During the in- quiry the Grand Jurors questioned many witnesses, lawyers, policemen and civilians. The police testified that policy games fomented many acts of violence which often resulted in homi- cides. The Grand Jurors recommended that the Bar Association summon cer- tain lawyers before the Appellate Di- (Continued on page 9)

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most