Show THE aBAND JTJBY I 1 It is Filled in a Peculiar iran i-ran 1 i OPINIONS FBOM THE BAR A Jfovr and Novel Method of Procedure Proced-ure Adopted An Open Venire Ordered by the Court The drawing of the grand jury was resumed yesterday morning Thomas Cupit was passed as a grand juror and the names in the jury box being exhausted and a necessity existing exist-ing for a panel twelve jurors being in the box and fifteen needed a motion was made by C S Varian assistant U S prosecuting attorney for an open venire to issue to the United States Marshal commanding him to summon chjht persons to complete the panel The motion and question involved were argued by Messrs J G SutherlandC S Varian and J It McBride in favor of and Messrs Thomas Marshall C K Gilchrist E Harkness and J L Rawlins against Judge Zane after hearing the arguments took the subject sub-ject under advisement and afterwards rendered an opinion to the effect that the law did not provide any means for liliing the panel and that it was the duty of the court to exercise common lav powers unless deprived thereof The motion was therefore allowed and a venire ordered to be issued for eight persons returnable forthwith from the body of the district On the return of the writ the follow ing were added to the jury Bowman Cannon J J Snell and C H M y Agra itT llti lAfi inonte Jt was then learned that Thomas Cupit being a United States commissioner was excused from service and M Livingston was substituted sub-stituted Mr F S Richards here interposed a challenge to the array of the grand jury and afterwards an individual challenge to each of the four jurors summoned on the open venire C H M y Agramonte was sworn in as foreman of the grand jury and the list is now full as lollowh C H M y Agramonte foreman M S Pendergasf William Jenkins Edward Bouvier John II Canine N L Sibley George Raybould Robert Maunder John E Trewhela James Moffat E A Mudgett J FJ Corker Bowman Cannon S J Shell and M Livingston The Court then charged the grand jury as follows Gentlemen of the Grand Jury It is my duty at this tune to charge you with respect to your obligations as grand jorors The oath which you have just now I taken requires you to diligently investigate I investi-gate all public offenses committed within the jurisdiction of this court Whenever you hrve reasonable grounds to suspect that a crime has bqen committed com-mitted it will be your duty to investigate it carefully in the light of all legitimate evidence And in doing so truth must be your only motive You cannot be influenced by fear partiality or ill will or prejudice in any of its forms You must be impartial Impartiality and truth go hand in hand while passion and prejudice lead to error and injustice in-justice The lawmaking power has defined the various crimes which may be committed in this Territory they relate to life liberty and property pro-perty to truth to character to the institution of marriage to the family to chastity and purity Among which crimes are murder larceny burglary bur-glary perjury false imprisonment libel bigamy or polygamy and the cohabitation co-habitation of any male person with more than one woman The lawmaking power has described the various crimes Known to the criminal crimi-nal calendar by mentioning the acts or the omissions to act and the intentions so far 1 thiy may be essential It is one province of the legislator to de cribe Mich conduct as Tie may in his wisdom deem injurious to societv and to forbid it and to enforce such prohibitions pro-hibitions by appropriate penalties It it the right of the lawmaking power to letciminc what conduct is injurious to society and to prohibit it > Gentlemen you cannot presume j to be wiser than the law You must receive it a > laii i I is written and whenever the evidence i raise a sufficient probability tjiaC a crime has been committed within the jurisdiction of the court it will bo your duty to return an indictment for such crime against the offender however how-ever exalted or however humble his position in sociotj maybe The public good as well as the oath you have taken require you TO respect the law and to aid in its enforcement regardless of con > IllC1llCl For the terrors of the law and a cnse of its obligations will be greatly increased and strengthened by the promptness and certainty with which its punishments are maJeto follow fol-low its violations And this obligatory fec1in fj Id dread of swift and certain jiunMimcnt protects our personal and property 1tS and the various institn iionHof civilized society among the most esjcntlal of which are the institutions of marriage and of the family one Wife one husband and one family for thee and no more can lawfully and rightfully stand together under our laws and in the civilization of this age We must respect obey and enforce the law it furnishes that restraint and guidance and secures that deportment and conduct of the individual which enables men and women to cooperate in society for the happiness and good of all It gives that confidence and faith which holds the moral elements of the world together itr shelters and protects us all You cannot disregard the oath which you have taken or elude or escape lie obligations of the laws of your country1 The courtthcn instructed the jury Is to the dutv of their foreman the aid they would receive from the United Stated district Attorney as to electing a clerk for the jury tlie degree of cvi dciire required in cases of treason and perjury That they were to scrutinize the evidence offered before them weigh the motives of the witnesses their pre1l1dlle hlas and cbaracter and also tS to thelr duh to presere secret ull that trinpired oefore them An officer was then sworn to take charge of the jury |