| Show CHARGE TO THE gnad GRAD GIL ily lly ity THAT nody KODY IS instructed BY ciller JUSTICE zane AND RETIRE 10 FOR ron BUSINESS I 1 I 1 gentlemen of the he grand jury IS it Is 14 the duty of the court to give vou you on a charge respecting your duties when you retire to the room it will be proper for you to elect some soine one of your number who sho is a legible writer to take down flown the testimony of ench each witness if not lite literally rilly you should take the substance correctly because it may be ot of importance afterwards the loreman foreman tor lor finan will swear all of the witnesses that may be brought before you and you ou should hear ONLY LE getil dal GAL TE TESTIMONY and hear hoar the thie testimony of w witnesses under oath except so far far as it consists of documentary evi evl evidence denee and except in the cae edse where there were has bebenin been an examination before a magistrate or commissioner and the defendant hay bay bad had an opportunity of cross elamin examining ing a witness or the witness has since died and cannot be produced before you you are not required to hear bear the eva evl evidence 1 dence denee of witnesses for the defendant but if there is any evidence within reach within houi our knowledge that w would ouid explain the matter in testimony before yau you yon it would be proper for you I 1 to bri bring such agh witness in 10 or to brodu V such evidence eai ePi dence to hear bear it you ought to find an indictment gentlemen went gent iemon lemon in any case when all the evid evidence enco eDco taken together if unexplained or would id your judgment warrant a condic tioff by tri trl aljury you silo should uld carefully enquire into all cases where PERSONS arn APIS imprisoned orin or in jail awaiting an indictment tr br where the party ilas lias has heen been held to appear to answer au indictment who is out ont on bail ball it Is also rl you know or othave have reasonable ground aroun to believe that an or OFFENCE FENCE lus IUS buu DUE beux BEEN N COMMITTED in the district to investigate xit tit the e of fence and if tiny any member of ane grand jury knows or lias has reason to believe that a public of fence triable within this district has been committed you ou should declare it to the grand jury and ind the gr grand jury should invest investigate grate it thoroughly it is your duty to investigate and to inquire into luto the condition ot of all the PUBLIC PRISONS and ind any public places where any persons are aie contine confined 1 or held heid h eld eid and this you should do 10 thoroughly each grand Juror Jurors should bould klep KEEP SECRET i whatever lie he himself or an any other member of tile the grand jury may have said or as to how any member of the grand jury has las iss voted keep everything secret that occurs in the grand rand jury roon unless you vou may be called as a witness afterwards in courain Co urcin pursuance i hancq of law YOU should lido not disclose anything that occurs jn ju degrand he grand jury room root nuo nto to any person outside if f you should do so you fou subject youri yourl yourself elf eif to severe punishment I IN CASE OF or TREASON ras HAS it is necessary that it should be proved by two witnesses and in case of perjury one witness and corroborative evidence your duty i in a general genera general 1 tray war is stated stated in the oat out oaths hs which you have taken you should indict no one through in malice mailee allce aiice hatred or ill will nor should you leave any case un resented through u gh fear sear favor or oil affection you should be IMPARTIAL IN ALL YOUR investigations your only motive eian elan can be the truth nothing else and if it any man should shoula be brought before you acain again sti whom you have a prejudice you must lay kour lour rom row prejudice aside and iny investigate etl eti ate lis ils Is C case as e fairly and impartially and if any tiny man is brought before you in whose favor you yon may be prejudiced or to tu whom you may be under obligations lations wat gat ions fons you cannot take that moate consideration and whenever the tho evidence warrants no matter who it is whether it Is your best friend or the 4 highest hig nest man man in nur gur society it is your duty to indict him so that he may ilg have ve a q fair and impartial trial before a jury of his country rrose Prose prosecute prosecution cuti on of of fences in practice here can ban only be commenced by an an indictment n I 1 wence hence you see gentlemen that you occupy a very important position 0 s clarious tl on a very responsible position ion lon the h e arious various crimes and of fences have been described by the territorial legislature Legisla and in codes of congress YOU will find flud in the acts ol 01 the territorial code murder and maisla manslaughter ug liter robbery and larceny burglary and various of fences that I 1 will not nottage take timo time to mention xou you ya will find dind them described in the code in thee acl act of Co congress acress agress you will dind rind POLYGAMY AND UNLAWFUL tatios and ana other of fences no matter ho how w common an offense offence may maybe be in athe the community comin in unity it requires you to investigate it so much the more thoroughly and if any man Is guilty whoever be he nar may be it i is i our duty as grand jurors and aud under un 1 lc I 1 your oath to I 1 indict tim him 1 and airl on hearing the testimony of I 1 witnesses you should hould t be careful not to i fee fed imposed upon if witnesses tell tile the truth it is not much rouble trouble to come to a conclusion but if if they teli tell things tuat the do not know it is sometimes difficult to tell where the struth truth end ends und and fal fai falsehood abood begins I 1 and if they wont tell what they do to know it instill a dilli cult euit matter to reach a satisfactory conclusion 1 li is d duty anty that to the party whose conduct is beill belli investigated to see that vou you are not imposed upon by any person that may be pre AGAINST nin HIM or guided by some sonic improper motive because it is a great hard hardship shih shio and a wron wion for any maii roan to he charged with a arge crime of which he is innocent it 14 i a aton ston for which no adequate compensation pensa tion can bo be made it seems sm s and it is a great for fur a inan man who has committed a crime to sio do unpunished life liberty and the rights of property p and society are protected oy by the enforcement of the criminal code to n large extent and the public ilide filda ha an interest in having all criminals con thereby other persons who may be disposed to commit like of fences may ba be from committing them the object objector ot all punishment is to protect society nou not b by y puni punishing shim the ippo innocent cent buethe guilty so gentlemen of th tho the grand raud rand jury you on see that you have a very important duty to perform you lou have he interest of the person whose conduct you maybe may be investigating in your youir hands to allange extent and you yon have the tha interest of af society t fin tin in your ands hands you must go forward arol brel I 1 HONESTLY AND N D fearlessly I 1 and do your whole duty airman aman that does his duty ih any department of life anywhere need nol not be afraid of anything neither in this world eno end nor r as we be believe belleve live in the world to come A consciousness selous ness of a faithful and honest disi dis i charge of duty will be a passport amid every difficulty an and d every danger darger and nd man as us agrani agranoff aGra nl juror or r otherwise hag ha a right night to take into consideration consequences to himself lie he must do his dut duty I 1 iviry will state to the grand jury buryi if you require any further instructions you can receive it 11 irom from the court or the prosecuting attorney who will bo be with you from time to time and who wha will give you any information as to your luty duty under the law that may maybe mayba gro pro proper pe r an and d right |
