Show UNITED STATES COURTS j i < r f Grand and Petit Jurors Impaneled J Impan-eled for the November Term I I i JUDGE MARSHALLS CHARGE i CHARGE OF ILLICIT DISTILLING I AGAINST PEHilSOXS DISMISSED Opinion Ilandetl Down l > y the state Supreme Court In Culmer vs CUrt Radius Damage Suit Still Occupies < Occu-pies Judee Street District ConnOr L Conn-Or < < lers and General Legal NOTTS r The United States court met yesterday t = yes-terday morning with Judge Marshal l on the bench The chief business was k the impaneling of grand and petit j jurors for the term of court just opened The following gentlemen constitute the grand jury John T Claseby B G Raybould Ben R Eldredge W F St John John Godin Joseph A Silver John Clark William McQueen H P E i i Richards James H Ball W G Sharp Eli Manning E G Holding W B Dou ail jr C A Monsen MUandt Pratt and John S Groesbeck Mr W G Sharp was appointed foreman fore-man of the grand jury and they were sworn instructed as to their duties and retired in charge of a bailiff to begin work The district attorney stated that I the time occupied by the grand jury two weeks would probably be about r The following constitute the petit 11I1 jury so far as shown qualified from examination f ex-amination A F Barnes John E h Dooly Thomas Hull W W Riter R I E Savage Peter Lowe Andrew Peterson r Peter-son sr Arthur Parsons J W Tate G H Bachman Thomas Alston W C t Burton William C Clark H J Cannon i Can-non H G Park John Boyden A E Snow John Beal John Hood George E Romney and Joel Parish Metsrs Henry Barnes Peter Greaves jr and William Kent were on god excuses given excused from ervice on the rCL I jUl Messrs Hoyt Sherman jr R R Anderson An-derson Isaac Barton and Adam Patterson Pat-terson failing to appear in response to summons attachments were ordered issued r is-sued against them Luther Tuttle Nathan Sears Je ser se-r W Smith sr J H Spargo T R Con r f die were excused as grand jurors > THE JUDGES CHARGE t Judge Marshalls charge to the grand jury was as follows Gentlemen of the Grand JuryThe duties imposed upon you are among the most important to society Under the constltution of the United States no serious crime against the United State can be prosecuted unless an indictment in-dictment be found by a grand jury The way you should discharge your duty is indlcatsd in the oath you have just taken You have sworn to diligently inquire into and true presentment make of all such matters and things as shall be given to you in charge or shall otherwise other-wise come to your knowledge touching the present service The matters specially spec-ially given to you in charge will be presented to you by the United States attornev who will appear before you as the representative of the government Ii govern-ment He will examine the witnesses before you and will cause to be subpoenaed such other witnesses as you may direct j If in the examination as to any offense so given to yon in charge the t evidence tends to show the comm ESion of some other offense against the ULEted States it is yoar duty to in vestigae such other offense and make t presemitmient thereof if the evidence warrants it It is also the duty of any member of tihe grand jury if he has knowledge of tne commission of any offense against the United States to call your aicterjticin to it and you shouYd then fully investigate it and act in accordance with the evidence pre s nted You must not receive any but legal evidence that is evidence which wouM be admitted in a court of justice jus-tice on a trial of the accused for the offense charged Hearsay rumor and suspicion are not sufficient to put in jeopardy any mans liberty it is a wrong to society that crime should go unpunished but you must remember that it is a serious wrong tiiaiC an innocent in-nocent man should > l be causelessly indicted S in-dicted therefore you will not be justified jus-tified in finding an indictment against any one unless the evidence before you if taken alone and unexplained would warrant a petit jury in finding a verdict of guility In other words the evidence so considered must convince con-vince you of the defendants guilt beyond be-yond a reasonable doubt Nothing is a crime against the United States unless it be expressly made so by statute The United 7 States attorney will direct your attention atten-tion to tine necessary provisions of the statutes and will advise you as to their constructions You can at anytime any-time apply to the court for direction f as to any matter of law which direct direc-t on it will be your duty to follow for grand juries are not constituted to try questions of law It would be a violation of your oath to refuse to find an indictment because you disapproved disap-proved of a law or doubled the wisdom wis-dom of irts execution In a particular i case The discretion to enact laws is to vested in a different department of the government and courts are sworn f to minister idem The pardoning power intervenes to save from punish IUK L lCO5 1 who while teUhnicaliy sruiy of an offense do not morally deserve sentence With that power you have nothing to do When you do your duty you can anticipate ihnt those in whom that power is vested I wtU not be lacking in their duty You have sworn to present no person per-son througVi malice hatred or illwill and that ybu will leave no one unpre sented through fear favor or affection or for any fee or reward or the hope or promise therof That you may not be made the instrument in-strument of HI will rather than ot justice jus-tice you will not pennit private prosecutors i prose-cutors to appear before you Such prosecutions ore so frequently the result re-sult of malice and revenge as to make it unsafe to attempt to do justice in ceases prosecuted with such motive Of course you will understand that no witness should be debarred from testifying testi-fying because he happened > to be the person specially injured by the crime You wall not permit any person to be present with you during your deliberation delibera-tion on the finding of an indictment nor any person other sihan the witness testifying and the United States attorney at-torney or assistant United States attorney at-torney during the taking of the testimony testi-mony You may retire subject to the call of your foreman L Peliraons Dismlnsed In the case of the two old people Paul Pehrson and his wife Petronella Pehrson who were arrested some t months ago on charges of illicit distilling fr distill-ing it appearing that the old man has died since the preliminary hearing and their release on bail it was on motion of the district attorney ordered that I the proceedings against them both be v dismissed ii The Pehrsons resided in the neighborhood J neighbor-hood of Brigham City and manufactured manufac-tured a kind of homebrewed beer which it was claimed had intoxicating intoxicat-ing qualities and it was also alleged that they sold it to their neighbors without having a license They were both very old and very I poor Scandinavians and unable to speak English and it was generally be j e 0 k 1 r wii t lieved if they violated the law it was through ignorance Short Order and Notes Robert Allen Jndicted for fornication was arraigned and entered aplea of not guilty Nels Jensen was admitted to practice prac-tice in the United States courts and took the oath The court adjourned to meet again this morning at 10 oclock when it is expected that the Hon Moses Hallett of Denver Colorado will be present to attend to all business called up in which Judge Marshall was formerly attorney at-torney and consequently disqualified |