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Show Seen i.len Sworn by Judge 'v - r.Iorse to Probe into Viola-I Viola-I tions of Law and fiiscon- duct in Office. O MEMBERS OF PRESENT GRAND JURY. I - ' r " LUCIUS E. HAIX Gentile Dealer In sewing machines. JOHN T. GABBOTT, Mormon Farmer. ; ' PHILLIP PUGSLEY, JR., doubtful Salesman. . . CHARLES V. ANDERSON, Mormon Editor Danish Blkuben; cus-. todlan city and county building. . v ' JACOB M. WHILE R, Mormon Bookkeeper. . ' ' , CHARLES F. KEITH, Gentile Private secretary to David Keith. ,; B. F. OATMAN. Gentile Bollet tender. , S The men who -will constitute the grand jury, summoned by the Judges of the District court, to investigate crime in Salt Lake county, were selected this morning. Of the special venire of fifteen Jurors subpoenaed to appear In the District court this mornmg, eleven responded to their names when called by County Clerk James. The names of those answering present are: O. R. Ostler, B. F. Oatman, John R, Jones, Isaac Butcher, John T. Gabbott Phillip Pugaley, Jr., Charles V. Anderson, Jacob M..Weller, Lucius E. Hail, Charles F. Keith and Jacob T. Raleigh, Those who did not appear were B. F. Blnley, Frank H. Pusey, J. T. Brockbank and V. H. Pease. Binley and Brockbank could not be found by the Sheriff and the other two were, exempt, under the statutes, and filed affidavits to that effect. John r! Jones was excused owing to sickness in hi family, and the remaining ten Jurors took seats in the Jury box. They were examined on their statutory qualifications by District Attorney -Eichnor. resides the usual questions,. ye Jurors were asked:"" a JuUrnCANT QUESTION KSKED 07 TALESMEN. ' V'Do you entertain any conscientious scruples which would prevent you from finding an indictment for the violation of. any law' of Ihls State?" ? AH the talesmen passed upon-their voir dire, with the exception of Isaac '.' Butcher, Who was excused by the court, owing to the fact that he found trouble in reading and writing the; English language. - Those remaining away, and Jacob Raleigh, who was excused at the request of Mr. Eichnor, who said Mr. Raleigh would be called as a witness before the grand Jury next Monday morn ing. The namea of the eight men left were" put in the Jury box and County . Clerk James drew out the seven rho compose the Jury,.as named above. Mr. Ostler, the eighth man, was then excused by the court, and left the box wjth a broad smile on hla countenance. '. OATH ADMTNISTEBED TO GRAND JITBOES. ' Lucius EC "'Hall was appointed foreman of the grand Jury by Judge Morse, and swore to the following oath, administered by the clerk: - "You, as foreman of the grand Jury, do solemnly swear that you will diligently dili-gently inquire into and make a true presentment of all public offenses against the laws of this State, committed or triable within this county of which you shall have or can obtain legal evidence. -You will keep your own counsel and that of your fellows and that of the State, and will not, except when required in the Hue course of judicial proceedings, " disclose the testimony of any witnesses wit-nesses examined before you, nor anything that you or any other grand Juror may have said, nor the manner in which you or any other grand Juror may hava voted' on any matter before you. That you will present no person through malice, hatred or ill will, nor j leave any unpresented through fear,- favor, or affection, or for any reward or jthe promise or hope thereof; but in all your presentments pre-sentments you will state the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding, so help you God." The remaining six Jurors took the following aath together: "The same oath which your foreman has now taken before you on his part, you and each of you will well and truly observe on your part, so help you God." ' LENGTH OF RESIDENCE 07 THE JURORS. The men who will serve on the grand Jury have resided in this county continuously con-tinuously to the present time, for the following number of years: Lucius E. Hall, 23 years; John T. Gabbott, 30 years; Phillip Pugsley, Jr., 44 years; Charles V. Anderson, 21 years; Jacob M. Weller, 28 years; Charles F. Keith, 2 years, and B. F. Oatman, 2 years. . , 1 Judge Morse instructed the Jury, and the jury retired in charge of Deputy Sheriff A. A. Butler. The Instructions were as follows: J7DGE MORSE'S CHARGE TO THE GRAND JURY. ) Gentlemen of the Grand Jury: Under the laws of this State it is the duty of ttie court to give you such information as shall "be required by law as to your duties and as to any charges for public offenses returned to the court, or likely to come before you. . . ' . . I. charge you that it is your duty to inquire into all public; offenses committed com-mitted or triable within this county, and present them to the court by indictment.'' in-dictment.'' Your foreman may administer an oath to any witness appearing before the grand Jury. " . In the investigation of a charge for the purpose of an indictment, you must receive no other evidence than such as shall be given by witnesses produced and . sworn before you, or furnished by legal documentary evidence, or the deposition of a witness. . The law provides that the deposition of a witness can only be used where the charge has been preliminarily examined before a committing magistrate and the testimony taken down by question and answer in the presence pres-ence of the defendant, who has either in person or by counsel cross-examined, or has had an opportunity to cross-examine the witness; or where the testimony testi-mony of a witness on the part of the State, who is unable to give security for his appearance, has been taken conditionally in like manner in the presence of the defendant, who has either in person or by counsel cross-examined or has had an opportunity to cross-examine the witness, and upon it being satisfactorily satisfac-torily shown that such witness is dead or insane or cannot with due diligence be found within, the States NONE BUT LEGAL EVIDENCE CONSIDERED. . ' You must receive 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-your duty to weigh all the evidence sub-' sub-' mitted to you, and when you have reason to believe that other evidence within your reach will explain away a charge, you should order such evidence to be produced, and for-that purpose may require the District Attorney or County Attorney to issue process for the witnesses. . You should find an Indictment when all the evidence before you, taken together. to-gether. If unexplained of uncontradicted, would in your Judgment, warrant a conviction by a trial Jury.' . - If any member of the grand Jury knows or has reason to believe that a public pub-lic offense triable within this county has been committed, he must declare the same to his fellow Jurors, who must thereupon Investigate the same. MISCONDUCT IN OFFICE TO BE INVESTIGATED. It is your duty to first inquire into the case of every person imprisoned In the Jails of this county on a criminal charge and not Indicted or informed against; - and you must also inquire into the conditions and management of the public Vrrisons within this county, and into wilful and corrupt misconduct in-office of ublic officers of every description within the county. : r You are entitled to free access at all reasonable times to all public prisons, and to an examination, without charge, tf all public records within this county. You may at all reasonable times come Into court and ask the advice of the court upon all questions of law.' The District Attorney or other attorneys for the State will attend and aid you in your investigations, and may at all times Continued on page LI. . "" s f GRAND JURY INVESTIGATION (Continued from, page 1.) . appear before you for the purpose of giving information or advice relative to any matter cognizable by you. and may Interrogate witnesses before you whenever, when-ever, you or they shall think it necessary, but no other person shall be permitted permit-ted to be present during your sessions except interpreters and witnesses actually ac-tually under examination; and no person must be permitted to be present during dur-ing the expression of your opinion, or the giving of your votes upon any matter before you. ' ! SECBECY ENJOINED STRICTLY BY THE COURT. ' Every member, of the grand Jury must keep secret whatever he, himself, or any other grand Juror may have Bald, or in what manner he or any other grand Juror can be questioned for anything he may say or any vote he -my give in the grand Jury, relative to a matter legally pending before the Jury, except for a perjury of which he may have been guilty in making an accusation or giving testimony to his fellow Jurors. An indictment cannot be found without a concurrence of at least five grand Jurors. When so found it must be Indorsed "a true bill," and the indorsement in-dorsement must be signed by the foreman of the grand Jury. If five of the grand Jurors do not concur in finding an indictment against a defendant held to answer, the complaint and depositions and statements, if any. that shall have been transmitted to them must be returned to the court v with an indorsement thereon signed by the foreman to the effect hat the charge is dismissed. When an indictment shall be found, the names of the witnesses examined before the grand Jury, or whose depositions may have been read before them, must be inserted at the foot of the Indictment or indorsed thereon before it is presented to the court, and the indictment, when found by the grand Jury, must be presented by the foreman la their presense, to the court. Five members of the grand Jury may constitute a quorum to do business. NO MALICE, FEAR OB FAVOR. IN THE WORK. You should indict no one through malice, hatred or ill will, nor leave any unindlcted through fear, favor or affection, or for any reward or promise or hppe thereof. Your duties, gentlemen, are of a very Important character, and upon their proper discharge depends in a large degree the efficient enforcement ot the criminal statutes of the State, for the preservation of the peace and good order of society. - ' , ' When you retire to commence the discharge of your duties, you must appoint ap-point one of your number as clerk, who must preserve minutes of the evidence given before you and of your proceedings, except of the votes of the individual . members. |