Brown v. Commonwealth of Massachusetts
| Decision Date | 18 April 1892 |
| Citation | 12 S.Ct. 757,144 U.S. 573,36 L.Ed. 546 |
| Parties | BROWN v. COMMONWEALTH OF MASSACHUSETTS |
| Court | U.S. Supreme Court |
Indictment of John F. Brown for forging and uttering a discharge for money. Defendant was convicted, and his exceptions were overruled by the supreme judicial court. 18 N. E. Rep. 587. He then moved in arrest of judgment, and filed an 'exception to the jurisdiction.' These were overruled by the trial court, and on appeal its action was again affirmed. 23 N. E. Rep. 98. Defendant then brought the cause on a writ of error to this court. Writ dismissed.
STATEMENT BY MR. JUSTICE GRAY.
An indictment was found by the grand jury in the superior court for the county of Nantucket and commonwealth of Massachusetts on chapter 204, §§ 1, 2, of the Public Statutes of Massachusetts, containing 24 counts, each of which was for forging or for uttering a discharge for money payable by the county of Nantucket or by the town of Nantucket, with intent to defraud the county or the town.
The town and county of Nantucket are geographically identical. The selectmen of the town have the powers of county commissioners. The town may raise money to pay the expenses of the county, and the treasurer of the town is county treasurer. Pub. St. Mass. c. 22, § 29; Id. c. 23, § 4.
By the general jury act of Massachusetts, in every town, lists of persons qualified to serve as jurors are prepared annually by the selectmen, and are subject to revision by the town in town meeting; and all grand jurors and traverse jurors are drawn by lot from the names on such lists. Id. c. 170, §§ 6-22. That act contains the following provisions:
The act of Massachusetts concerning proceedings before judgment in criminal cases contains this provision: 'No motion in arrest of judgment shall be allowed for a cause existing before verdict, unless the same affects the jurisdiction of the court.' Id. c. 214, § 27.
The defendant pleaded in abatement to the array of the grand jury, and afterwards to the array of the traverse jury, upon several grounds, the only one of which relied on at the argument in this court was 'because the names of said jurors were not drawn from the list of jurors in the manner provided by law.' The district attorney filed a replication to each plea; and, at the hearing thereon, it appeared that the crimes charged in the indictment were committed, if at all, in regard to vouchers presented to the town and county treasurer, with intent to defraud the town or the county; and the defendant requested the court to rule 'that by reason of bias and interest a grand jury' (or 'a jury') 'drawn and made up from the inhabitants of the town and county of Nantucket was not competent to make a presentment' (or 'to try an indictment') 'for crimes against the county or town treasury.' The court declined so to rule, and overruled each plea. The defendant duly excepted to each ruling, and pleaded not guilty, and was thereupon tried and convicted; and his exceptions were overruled by the supreme judicial court of Massachusetts, for reasons stated in the rescript sent down to the superior court, as follows: 'The opinion were not disqualified to serve by reason of interest as inhabitants of the town or county of Nantucket.' The opinion then delivered is annexed to the transcript of the record, as required by rule 8 of this court, and is reported in 147 Mass. 585, 18 N. E. Rep. 587.
The defendant then filed in the superior court a motion in arrest of judgment, renewing the same objections to the grand and traverse juries, and further alleging that before the finding of the indictment the selectmen had been directed, by a vote of the town at a meeting duly warned, to prosecute the defendant for the offenses described in the indictment, and pursuant to that vote employed counsel, and a majority of them, with the approval of the others, made a complaint against the defendant for those offenses before a trial justice, who was himself an inhabitant and voter of the town, and had taken part in the town meeting and in its vote, and had there declared that the defendant was guilty, and before the making of the complaint had advised and counseled with the selectmen as to the furtherance of the prosecution; that the selectmen prosecuted the complaint, and obtained an order from the justice requiring the defendant to recognize for his appearance before the superior court, and prepared evidence and sought out witnesses to be produced against him before the grand jury; that while engaged in furthering such prosecution the selectmen prepared the list from which were drawn the grand and traverse jurors who found and tried the indictment against the defendant; that, at the town meeting at which such jurors were drawn, no one was present except the selectmen, and the constable who had served the warrant for the meeting; the of the 23 grant jurors who found the indictment, all but 5 had been present at the town meeting first mentioned, and had joined in the vote there adopted; and that for these reasons 'the presentment and the trial and conviction of the defendant were in conflict with the provisions of the constitution of this commonwealth, and in particular of the provisions of the twelfth article of the declaration of rights, and were in conflict with the constitution of the United States of America, and in particular with the provisions of the fourteenth amendment thereto.'
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