Show HARGE bargie TO GRAND JURY following is the charge in full which aoh judge J adge anderson delivered to y the ne wind mod jury april 15 th gentlemen ent lemen by section of f t laws of the territory court ar t h it I 1 is made the duty y of the ivan ave court to charge the grand jury and them such euch information as is re 48 irod ired by law as to their duties and to arty y charges for public offenses fumed to the court or likely to dae wore before them n t 14 your yo ui duty gentlemen to in Qia into Oro all public offenses off enaes under e the ae ya of the united Sta states or of committed or triable WA judicial district and rae as wv them to the court by indict for tota the the investigation of a charge you ou purpose of an indictment t tam car 11 receive no other evidence prodie V r such as is given by witnesses and sworn before you or dence enoff by legal documentary evi ITI in th t or the e deposition of a witness e basw mentioned in the third of thee conof oil of section 7 of part xa XIII 11 to tory compiled laws of the terri ot of d of T 11 in regard to the use depositions it is w provided that arili wl ae charge acht e has baa been before a committing magistrate and the testimony taken down by question and answer in the presence of the defendant who has haa either in person or by council cross examined examine cT the witness or where the testimony of a witness on the part of the people who is unable to t give security for his appearance has been taken conditionally in the like manner in the presence of the defendant fen dant who has either in person or by counsel cross examined or had an opportunity to cross examine the witness may be read upon its being satisfactorily shown that he is dead or insane or cannot with due diligence be found within the territory you can receive restive none but legal evidence and the best evidence in degree to the exclusion of hearsay or secondary evidence you are not bound to hear evidence for the defendant but it is ia your duty to weigh all evidence the submitted to you and when you have reason to believe that other evidence within your reach will explain away the charge you should order such evidence to be produced and for that purpose may require the united states attorney to issue process for the witnesses you should find an indictment when all the evidence before you taken altogether if unexplained or would in your judgment warrant a conviction by a trial J jury ury if any of you know or have reason to believe that a public offense lense of triable within the district has been committed you should inform your follow fellow jurors thereof who should thereupon investigate the same you should first inquire into the case of every person imprisoned in the jails of the district on a criminal charge and not indicted also into the condition and management of the public prisons within the district and into the wilful and corrupt misconduct in office of all public officers of every description w within th in the district and I 1 es especially e enjoin lai oin upon you the the duty of investigating aa ti ng au all violations of the laws 0 of f the united states against bigamy polygamy or unlawful cohabitation you are entitled to free access at all reasonable times to the public prisons and also have the right to examine all public records which axe are by law required to be kept you may at all reasonable times come into court and ask its advice on questions of law the united states attorney or his assistant will aid you in your investigations and may at all times appear before you for the purpose of giving information or advice relative to any matter cognizable by you and you may interrogate terro ter rogate ate witnesses before you whenever everte he or you may think it necessary but no other person is permitted to be present during the sessions of the grand j jury ury except the members interpreters and witnesses actually under examination and no person should be permitted to be present during the expressing of your opinions opinion sor or giving your votes upon any matter before you every member of the grand jury must keep secret whatever he himself or any other grand juror may have said or in what manner he or any other giand juror may have voted on any matter before you no grand juror can be questioned for anything he may say or any vote he may give in the grand jury relative to any matter legally pending before the jury except for a perjury of which he may have been guilty in making an accusation cusa tion or giving testimony to his fellow jurors an indictment cannot be found without the concurrence of atlease twelve jurors when so coundit foun dit must be indorsed endorsed Indor sed A true bill and the indorsement endorsement indor must be signed by the foreman of the grand jury if twelve grand jurors do not in finding an indictment against a defendant who has been held to answer the deposition and statement if any transmitted to them must be returned to the court with an endorsement thereon signed by the foreman to the effect that the charge is dismissed when an indictment is found the names of the witnesses examined before you or whose deposition may have been read before you must be inserted at the foot of the indictment or endorsed thereon before it is presented by your foreman in your presence to the court you will indict no one through malice or hatred or ill will nor leave any through fear favor or affection or for any reward or promise or hope thereof your duties gentlemen are of a very important character and upon their proper discharge depends in an fn a large degree the efficient enforcement of the statutes of the united states and of the territory for the preservation of the peace and tho th order of society |