Show First District burt The court met at 11 a m and was proclaimed pro-claimed open for the May term There a were present Hon Henry P Henderson J judge H H Henderson clerk David Evans and E B Critchlow assistant United States district attorneys 0 Van dercook andB A Bowman deputy United States marshals The following citizens responded to their names when called as grand jururs J M Lan sdorI H Berry L B Stephens H T Snyder J C Armstrong S S Schrsmm T A Wllalen Robert Ross R A Wells George W Laslnis John Brown M Biel I Marks J E Coolidge J J Sullivan Mr Langsdorf was chosen as foreman In the case of F A Miller vs S Spencer Spen-cer order entering demurrer in favor of plaintiff Wilson Brothers vs F H Dyer ten days additional time in ivhich to prepare V and serve statement on motion for a new 4 trial Ogden City Electric Light company vs the Ogden Power company order over ruling demurrer ten days to answer W M Barry vs H T Snyder order denying motion for a new trial ten days stay of proceedings CHARGE TO THE GIIAOT JURY Gentlemen of the juryyou have been summoned sad empanelled as a grand jury to in quire into offenses which have been committed against the laws of the United States and of ti0 territory of Utah in this district The Statutes of the territory provide that all public offenses triable In the district court except cases appealed from justices courts must bo presented by indictment by a grand jury and the statute Of the United States in substance provides the same thing So you will sec that the grand jury stand in the door and are the only access to the criminal courts and to trial by jury upon a criminal charge that no per son can be put upon trial for an infamous crime without first having been presented by a grand jury either for violation of the laws of the United States or of the territory and you will see at once from this statute that the duties of a grand jury are highly important and they arc the more so under the jurisdiction under which we arc acting In a state a grand jury that is QSbiniuiuu uiiuii tile state juiiaiucuuu inquires only into offenses against the laws of the state and when they are empanelled in the United States supreme court they only inquire into violation of the laws of the Unitd States But in this territory when the Jury is empanelled they have cognizanceol both classe s of crime they have a double duty to perform they have to inquire into both classes of offenses and It is the duty of the grand jury to give the same care and attention to tho investigation of both classes of charges and crime It is the duty of tho court to call attention of grand jurors when they are llrst empanelled to any cases which the court bas knowledge will come before the jury for investigation in-vestigation I am glad to say that the work which is now on hand for this grand jury Is very small Smaller than has been since I have been in this territory If that Is occasioned by a lack of general criminal offenses the jury and the community are to be congratulated least wo have but very little work before the grand jury and when I see a grand jury empan eled of citizens here well known and who have almost bad experience upon grand juries I reel disinclined to enter Into any extended in structions to the jury I know of no particnlar class of offenses more than another to which your attention should be called It is possible that some cases will be brought to your atten tion for tJolation of the laws of the United States which apply1 particularly to this terri tory the olfensc of polygamy adultery un lawful cohabitation etc I have no special knowledge that many of these cases are pend 1 lag but you will observe the statute upon that subject and the same law prevails I and the same application of common Sense and the rules of evidence should bo ap plied to the Investigation of this class of charges that are to be applied to all other charges Ono rule of the criminal law is that it Is no I UCUEO In the commission of the crime that tho 1 1 I party believes that it is right to commit It k While there must always be a criminal mind lin 1 order to constitute an offense that criminal mind is sufficient when the Intention of tho party to commit the particular act that the statute says is a crime has come about and that tho party may believe that he is acting right to commit a crime or do an act that Ibo statute says Is unlawful is no defense whatever and that applies to the offense of polygamy un lawful cohabitation adultery and fornication just as it does to the offense of larceny arson or murder or any other offense and it should bo observed In your inquiries in that class of offenses The statutes as they now exist create cre-ate four classes of these crimes and all crimes in this territory barred by the statute of limitations In three years so that proceed ings have to be taken for their prosecution within three years after the crime has been committed bo in the investigation of any crime if you should find that tho crime has been committed beforethat is that it has been committed more than three years before the investigation Is had before you or If it is a case that comes from a magistrate before tho proceedings are commenced tho magistrates court then you must dismiss the case because it is barred by the statute of limitations unless It is the crime of murder which is a crime that is not outlawed no statute runs against it at all but I have no information of any such crime nc that nendlnfT liiriwn Ii n fv n H TMT V Mr Evans = There is one your honor J I The Court Well of course that does not apply to the charge of murder because the statute does not run against that I In inquiring into the crime of polygamy of course the crime In that class of cases con I slbts of a marriage a plural marriage or sec1 t ond marrfrge In order to make a case of polygamy the testimony must show in the first place that the man is married legally or had a egal wife Uv ng and that while sue is still l iving he married another woman and that ho entered Into such a ceremony that the second marriage would have been legal and lawful but For tho fact that he had a wife living and if this is done within three years then ho is guilty the crime of polygamy If in tho investigation of a certain charge you become satisflea that the party has entered into polygamy some time In the past but more than three years in the past and tho testimony should show that the person charged has had intercourse with the plural wife since the passage of the law of 16S7 then he is guilty of adultery within three years Sol that the threeyear rule applies to that If it should be found that he has married a plural wife and has lived with her in the same house holding her out to the world as his wife within this district while his lawful wife is still living but the testimony is not sufficient to show that ho has actually had Intercourse with her then he is guilty of the crime of unlawful cohabita tion and should be Indicted for that So that you see there are three classes of crimes connected with that crime and if apart a-part Is found to be guilty of el thcrone an In dictment should be presented for the one which he Is guilty of The statutes of tho territory should also be observed And infractions of the laws of the territory should be presented by indictment just the same as offenses against the laws of the United States The laws of the territory are laws that are to be observed just the same as laws enacted by Congress The laws pertaining to larceny and to gaming and other Infractlonslof the laws of the territory should bogiven attention andof course gentlemen gentle-men it Is needless for me to say to you that in the examination of any of this class of crimes under the statutes of the United States or of theterrittiryj what we may individually believe ourselves is of no account whatever The proper administration of law is of more account to us than anything else in that regard So that personal and individual ideas should be laid aside and a simple inquiry as to what is the law and what is the evidence that is presented to the grand jury and nothing further should bO conslderedi Now as to the practice of the grand jury as to its deliberations the statute very clearly lays down the entire matter and describes the man ner in which the grand jury shall proceed You will in the first place appoint some one of your number as a clerk to make minutes of your proceedings and the grand jury can regu late its own hours of session and work Of course that should be regulated with a view to the public convenience and to the expediting of the business and to tho accommodatIon of the persons that have business before it and It can not finally adjourn of course without tho con sent of the court The foreman has authority to administer oaths necessary to witnesses and if at any time the grand jury desires any further information udon an mntT T tht j hn fore them they can at all times apply to the court for It You will have the assistance of the district attorney who will be with you at all times except ex-cept when you arc voting upon the presentation of an ind otmcat and then the grand jury will be entirely alone But in all of your delibera tions further than in the presentation of your indictments and in putting them in the proper shape you will have the assistance of the district attorney When you are ready to report upon the in dictments or charges you come into court with them and the foreman should take the papers in his hand all such Indictments as are to 1e found and as have been voted upon by you to be returned and they should be earned by him so that each member of the grand jury can see when they have passed over to the court and that they are indictments that have been found because it would not be discreet to disclose here in open court who indictments are found against So that they are simply passed here as in dictments found and it Is expected that each member of tho grand jury knows and understands under-stands what papers are presented here that is as to the indictments that are ta be found and hose that are to be dismissed of course arc handed in in a separate package and that should bo observed because each grand juror is responsible for his actions and for the part that he takes in finding these indictments Of course it is the duty of each grand juror to jeep secret whatever takes place in the grand jury room No grand juror should ever bo held amenable or should suffer in the community com-munity in any way on account of what ho does in a grand jury room The idea is that you are set apart and you arc separate from the balance of the pnmmiinitv so far as doing your work is concerned in order that nobody is to know what takes place in the I grand jury room To disclose what takes place in the grand jury room is In itself an oflense and if any member of the jury should find that the secrets of the grand jury room are the property of the stieet it Is a crime and it should bo investigated to know what it is because be-cause that sometimes leads to unpleasant things for these matters to be disclosed NOW gentlemen that is all 1 think I care to say to T you about your duties at the present time If at any time as I sid before you desire de-sire any information you can come Into court at any time andrecelve anyfurther instructions you may need Before closing gentlemen I call your atten tion especially to the statutes under the title of grand jurors and the finding ofindlctments and it expresses the statutory rule It follows very closelv tho common law and It is just about what the law would be If this statute was not enacted I would advise that each member on the grand jury on this penal read the statute It prescribes very fully what your duties are and Mr Evans can point them out to you at any tune |