Show the grand jury after the exercise of a great deal of I 1 ingenuity ity and the air Angot ment menh and ute use pi 0 of the be carey catechism a grand jury was wa im paneled iu in the third district court last week weck and lillne duly and unduly charged primed and prejudiced were sent to their room to shoot off indictments their first shot was an indictment against agelus one of their own number who declining to glye give the th e enormous eno amous bail of required dufred by the preaching judge was committed and con cou confined tIned in the i now it Is a serious question whether or not this carefully selected jury Is capable offin of finding dinga a valid indictment it seems beems to us not at all improbable that every indict ment it finds wl wll I be quashed and that too by the venerable ten yen erable judge himself who pre sides bides in the third district court lils ilia honor decreed that the grand jury should be composed of twenty three cill citi know knew fiano law by which the judge was authorized lodoso under which this jury jary was Im paneled shows how the jurors are to be drawn but makes no provision in regard to the number it speaks of the number gumbei of names to be drawn from the list mt as previously directed by the judge by which the juries aro are to be made up but Is silent as to the number required to form the juries in order then to determine the number necessary to constitute a grand jury we ive must fall tack on the territorial stat utes which remain in force sonar BO nan nen far as they do not conflict with the lons ions of tho abote above hill hlll by the act approved feb IS 18 1870 it Is provided that eligible men shall shail be summoned to bertes serret as grand jurors fifteen of whom shall constitute the tha grand gnand jary fifteen belu being the number prescribed by tho jaw by what right has the judge judal decreed that the number shall be twenty three it may maj may be answered the judge has gone to the old common ladof the number but bat there Is 13 no common law in the united states and ane effort to extend the common law by a special provision la in the bill under which the jury was drawn over utah was defeated by congress who expunged the section when making other important amendments we therefore regard the present grand jury in the third judicial ju docial district as illegal and all the indictments framed by it as invalid and without force it may be asked what object had the judge in deciding that the be twenty three the question may be easily decided when it Is understood that it takes twelve of the number to find an indictment ani sni and it Is much easier under the poland bill to get twelve gentiles out of twenty three than out of fifteen even when the carey carcy catechism Is made to have the force of law and that the grand point to bo be gained is the indictment of influential 4 cormons mormons Mor mons s there is another query la in with this important subject if twenty three Is the proper number to form a grand jury how can twenty two nind find valid indictment coit coi colt T E ricks rieks one of the panel Is committed to the penitentiary leaving iea lew ring ting but twenty two to answer the roll call and attend to business twelve of the tha whole number agreeing can bring a true bill but can twelve out of part of a jury find a bill till which will stand the test of legal scrutiny viewing the foregoing accord according ng to what light we have on the matter we are of the opinion that the present grand jury Is another of mckeand Mc Keans numerous blunders and that all the acts of that body will be of no more value than the decisions of his honor which the supreme court evaporated into thin air and which drew upon him the ridicule and contempt of the whole bar of the tho united states ogden unction junction |