person summoned to serve as a grand juror, shall be allowed in any other cases than the following, viz: A person held to answer to any criminal charge may object to the competency of any one summoned to serve as a grand juror before he is sworn, on the ground that he is a prosecutor or complainant upon any charge against such person, or that he is a witness on the part of the prosecution, and has been subpoenaed or bound in a recognizance as such, and if such objection be established the person so summoned shall be set aside.1 § 9. OF TALESMEN FOR THE GRAND JURY. It sometimes happens that, from failure to appear or by reason of persons, who have been summoned as grand jurors, being challenged, discharged or excused, there is not a quorum of jurors present to transact business. The Revised Statutes provide that if at any court of oyer and terminer or court of sessions, there shall not appear at least sixteen persons duly qualified to serve as grand jurors who shall have been summoned for that purpose, or if the number of grand jurors attending shall be reduced below sixteen, by any of them being discharged or otherwise, such court may, by an order to be entered in its minutes, direct the sheriff of the county to summon the number of persons necessary to complete the grand jury for such court.2 The sheriff shall summon such persons accordingly, who shall be bound forthwith to attend and serve, unless excused by the court, in the same manner and subject to the same penalties for neglect as persons duly drawn by the county clerk and summoned by the sheriff as herein provided.3 These talesmen are usually selected by the sheriff from persons in attendance at the court, who possess the necessary qualifications of jurors. § 10. APPOINTMENT OF A FOREMAN TO THE GRAND JURY. From one of the jurors summoned and appearing the court appoints a foreman, and the court also appoints a foreman in 2 R. S., 724, §§ 27, 28; 3 Wend., 313. 2 R. S., 723, § 23. • Id., § 24. C. P.-16. every case where such person so appointed shall be discharged or excused before the grand jury are dismissed.1 § 11. OF THE OATH TO THE GRAND JURY. A quorum of jurors having been obtained, and one of their number having been selected by the court as their foreman, the clerk proceeds to administer to them the oath, in the following form: Oath of Foreman. You, A B, as foreman of this grand inquest, shall diligently inquire and true presentment make, of all such matters and things as shall be given you in charge; the counsel for the people of this State, your fellows and your own, you shall keep secret; you shall present no one from envy, hatred or malice; nor shall you leave any one unpresented through fear, favor, affection, or hope of reward; but you shall present all things truly as they come to your knowledge, according to your understanding; so help you God. Oath of the other members. The same oath which your foreman has taken on his part, you, and each of you, shall, well and truly observe and keep on your part, so help you God. It will be observed that the foregoing oath contains a promise of secrecy. The Revised Statutes further provide that no grand juror, constable, district attorney, clerk or judge of any court, shall disclose the fact of any indictment having been found against any person for a felony not in actual confinement, until the defendant in such indictment shall have been arrested thereon; and every person violating such provision, shall be deemed guilty of a misdemeanor.2 Grand jurors being sworn to secrecy, what takes place before them cannot generally be disclosed; besides the exception to this rule by the statute authorizing grand jurors to be examined in prosecutions for perjury, and to show that a witness has contradicted on the trial what he has sworn to before the grand jury,3 a grand juror may be asked who was the prosecutor of a certain indictment; but a grand juror cannot be called upon to impeach 12 R. S., 724, § 26. 2 R. S., 726, § 39 2 R. S., 724, § 31. the conduct of the grand jury, as for example to show that an indictment presented by them was found without testimony, or upon insufficient testimony.1 § 12 THE JUDGE'S CHARGE. The grand jury having been sworn, the presiding judge then proceeds to, as it is technically termed, charge the jury. This usually consists of a brief rehearsal of the powers and duties of grand jurors, and the method of transacting such business as may be brought before them. The following is an extract from a charge delivered to a grand jury by Recorder HOFFMAN, of New York city: "The solemn oath which you and each of you have just taken, defines in clear, concise and forcible language your duties, and the manner and spirit in which you are expected to perform them. In your selection, due regard has been had to your character and position in the community of which you are a part, and to your fitness and capacity for the labors and trusts which the law imposes upon you. You form an important element in the organization of this court, for without your action, no criminal, high or low, can be brought to trial and to judgment. You stand between the citizen and the State, sworn to do justice to both, and to see that no injustice is done to either. In the language of another, To you is committed the preservation of the peace of the country, the care of bringing to light, for examination, trial and punishment, all violence, outrage, indecency, and terror-everything that may occasion danger, disturbance or dismay to the citizens. You are watchmen stationed by the laws to survey the conduct of your fellow citizens, and to inquire when and by whom public authority has been violated, or the Constitution and the laws infringed.' "You understand, gentlemen, that it is your province to inquire concerning all crimes committed within the jurisdiction of this court, and that no person charged with the commission of a felony can be brought to trial until his case is investigated by a grand jury." Previous to the judge's charge, the crier of the court makes the following proclamation: "All persons are strictly charged 1 Peo. v. Hulbut, 4 Den., 133. and commanded to keep silence while the court is giving the charge to the grand jury, on pain of imprisonment." By special enactment, it is made the duty of courts of justice to charge the grand jury to inquire especially into violations of the statutes respecting usury-the demanding, charging or receiving fees by public officers to which they are not entitled by law, the election laws, the act to suppress intemperance and to regulate the sale of intoxicating liquors, the laws against lotteries and the unlawful selling of lottery tickets, and, in the counties of Erie, Albany and New York, of the act to prevent frauds in the sale of tickets upon vessels.1 In charging grand juries it is also further provided by statute that the court shall apprise them of the provisions of the statute above referred to, respecting the disclosure of the fact that an indictment has been found.2 § 13. OF THE SELECTION OF A CLERK TO THE GRAND JURY. The grand jury having been sworn and charged, retire, with the district attorney, to some convenient place. Here they, as as it is termed, organize, by the selection of a clerk, and proceed to the transaction of business. The Revised Statutes provide that every grand jury may appoint one of their number to be a clerk thereof, to preserve minutes of their proceedings, and of the evidence given before them, which minutes shall be delivered to the district attorney of the county, when so directed by the grand jury.3 The district attorney or clerk generally first prepare a list of the jurors, showing the number of miles they have respectively travelled as jurors, which list is handed to the clerk of the court to compute their fees for mileage and attendance as jurors, for the subsequent use of the county treasurer in paying them for their services after the jury has been discharged. A clerk having been appointed, the jury become, as it is termed, organized, and are ready for the transaction of any business that may come before them.4 R. S., 5th ed., vol. 1, p. 449, § 15; 1 R. S., 672, § 48; Id., 677, § 30; Id., 773, § 16; 2 R. S., 651, § 8; Laws 1860, ch. 103, § 8, p. 177. 2 R. S., 726, § 41. ' 2 R. S., 724, § 30. § 14. OF THE PROCEEDINGS HAD BEFORE THE GRAND JURY. The proceedings before the grand jury are of an ex parte nature. The accused has no right to be present, personally or by counsel, and their inquiry is carried on in secret. Most of the provisions regulating the proceedings had while the jury are in session are the subject of statutory enactment, and will be found mentioned below. In some cases parties will present themselves voluntarily before the grand jury as witnesses concerning the commission of crime, and in other cases, during the session of the grand jury, persons will appear voluntarily as complainants, either to the foreman or to the district attorney, and request that subpoenas may be issued by the district attorney to compel the attendance of witnesses; again, witnesses may be bound by recognizance, entered into before justices of the peace and coroners, to appear and give evidence before the grand jury. It is the duty of the district attorney, both before and during the session of the grand jury, to obtain from the office of the county clerk, all recognizances for the appearance of witnesses before the grand jury, and see that their attendance is compelled; also all recognizances requiring prisoners to appear and answer to any indictment that may be found against them, in order that he may know the names of offenders and the offences with which they are charged, and of all persons who have been arrested for indictable offences and let to bail since the last grand jury; and, in some cases, it is also advisable to correspond with the officers taking the bail, both to ascertain the names and residences of witnesses and the seriousness of the offence. In cities, where many offenders are arrested for indictable offences, it will be found very convenient for the magistrate, at the time the prisoner is brought before him, to fill up and return to the district attorney a blank, stating the name of the offender, nature of the offence, names and residence of the witnesses, name of the officer having the case in charge, whether committed or bailed, and if bailed the names and residences of the sureties, with such additional remarks as may suggest themselves to the magistrate. The district attorney should also procure from the county clerk all inqusitions filed by coroners and criminal examinations taken before magistrates, for the assistance of himself and the jurors in the examinations of cases before them. An examina |