This is merely saying that "the grand jury charge Maria Holohan with stealing the silver teapot of Silas Appleboy on April 1, 1907." It is the shortest indictment possible. A complicated indictment may fill hundreds of pages.
Many interesting old indictments are on file among the records of the General Sessions; and if one can judge by the frequency with which the names of divers ungodly and reckless Philadelphians are inscribed upon their pages, "the general reputation" of the City of Brotherly Love for "peace and quiet" must have considerably improved during the past two hundred years.
As a usual thing we find among the papers filed with the indictment the original "information" sworn to by the aggrieved party. Give heed to the "unmerciful conduct" of Mr. William Miller:
CITY OF NEW }
YORK ss: }Mathew O'Brien of the City of New York Mariner maketh Oath and Saith that on Sunday night the first Day of November instant he this Deponent being at the Tavern kept by Francis King on the Dock between the Hours of Ten and Eleven of the Clock and having a dispute with the Landlord relative to a French Crown dropped by this Deponent one William Miller who this Deponent heard and believes is Marker to a Billiard Table in Philadelphia immediately challenged this Dept. to fight him and stopped this Deponent from going out either at the Door or window altho. he made frequent attempts for that purpose and thereupon knocked this Deponent down, and beat kicked and wounded him in a desperate and unmerciful manner. This Dept. Saith he also lost out of his pocket the whole of his Money then about him consisting of five Guineas in Gold two Crown pieces and a Note of hand for ten guineas. And further saith not.
Mathew O'Brien.
Sworn the 1 Day of
Nov r. 1704 before me
Jno Broome, Just Peace.
The grand jury of to-day is the same old grand jury that indicted William Miller; and the cases are piling up,—piling up, at the rate of three, four, five, or even six hundred a month.
What would Mr. Francis Rumbout, who was "apoynted" foreman of that earliest grand jury, have said if he had been obliged to pass upon six hundred cases in a month? The time which could actually be given to the consideration of any particular charge under such circumstances would average about six minutes!
For example, Giuseppe Candido, having been summoned to appear suddenly, finds himself standing in the centre of a large room around which are arranged a semi-circle of inquisitors.
He states where he lives, what his business is, that he knows Michael Angelo Spaghetti, and that the latter cut him in the shoulder in a quarrel over a glass of beer. He is then excused. The grand jury take a vote and Spaghetti is indicted for "wilfully and feloniously committing an assault with intent to kill." Generally only one side of the case is heard. There is very little attempt made to hold the witnesses down to the strict rules of evidence. It is all ex parte. "L'évidence at jurie est que cunque chose que serve le partie a prover l'issue pur luy," as Henry Finch put it at the beginning of the seventeenth century.
Once in a great while, if there is something a little peculiar in the charge or in the manner in which the witnesses give their testimony, the jurors may become suspicious and send out for other witnesses or possibly for the defendant himself. Of course he cannot be compelled to testify, but usually he is glad of a chance to explain away the accusation if he can. Perchance the inquisitors refuse to indict. But what a waste of time for twenty-three busy men! And as a rule what trivial matters are brought to their attention!
Most of the cases dismissed are so inherently weak that the district attorney would himself have discharged the defendants of his own motion, but the action of the grand jury saves him the trouble and the odium, if any, and diffuses it among an irresponsible body. The same thing is true of indictments found against influential persons,—the responsibility is with twenty-three, not merely one.