Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1843-01-27
VOL. as, NO. 2I.-wHoLE NO. 1898.

NHe Olner' may nc easily lScoVered. And no man
need ne fearful OF giving offence by doing his du.
| ", IN proper manner aud with Il proper spirit
ANA M commencing in jurors proper degree of
the ieoIIhg OF personal responsibility, shall not
be UNDERSTOOD trust, as giving countenance TO
mat unreenllng perlinnclty of opinion, which
would insist IN limine that his mind was ulnde up,
beyond possibility Of change. Very far from it,
The hrmesi, most sensible, well informed md
conscientious men are not always Tho most diff
cult TO he convinced Of an error; but they must
be convinced before they can be induced to change
their course. Such men are always ready to listen
10 arguments addressed 10 their reason, to their
experience and their sense OF justice (; but slow
to comprehend the force Of those which address
themselves mainly to their pride, or sell-love, or
to considerations of eXpedlency and policy merely.
| have doubtless suid more than sufficient, in
regard to the proper feeling with which you, gen.
ltemeD aud indeed all of us, should enter upon the
responsible duties before u.s. will add one word
in regard TO the Importance, which attaches to
10 your duties in particular You are, in effect
the only BODY vi accusation known to oui law,
in regard to all crimes, except few, the ex-
elusive jurisdiction of which is confined to justi-
ccs OF the peace, For although the slate's attor-
neys in their several counties, informing Off
GERS in regard to all Offences, cognizable before
This court, where the punishment cannot exceed
seven years Imprisonment in the state prison, yet
this mode OF prosecution, except in special cases,
is not much relied upon OF late. Almost all mat
ters OF accusation are now more wisely referred
to your body. An accusation coming from you,
and consequent conviction, have the better effect,
both upon the offender aud the public mind, for
The reason, that it is impossible to blunt the edge
OF the odlum falling from such prosecution, by
dividing it between the culprit and the informer,
or to arouse the public sympathy by representing
the accused, as the victim of envy, malice per-
secutioG. These considerations, while they render
Il prosecution, by indictment oi grand Jury,
doubly available tor purposes of punishment, adj
monsl you TO exercise CAUTION that your inflic-
tons do not fall unfortunately upon the guilty
= md the innocent. 1t is no light matter TO be pre-
| scented by grand jury, and tried for crime before
/. a tribunal, having the highest criminal jnrsdic-
ton in the land. The public reproach, the per-
sonal modification and The expense attending such
"A trial, for which the accused, however innocent,
{ has redress, each considerations of no
!, slight Importance Every innocent man in the
c Icommuny has Claim upon you to protect INN
:, from these consequences And at the same time
e you are to be not unmindu, that the security of
5 public aud personal rights imperiously requires,
that those, who do offend against The criminal laws
/, of the land, shall not 90 UNPUBLISHED. You are
. 10 remember that governors" which may well
include all civil officers are sent-fOr The pun
o shment of evil doers-aHd for the praise OF them,
r that do we'll"
d In addressing grnud-jury, have never con-
II s'dered ii OF much avail TO enter into detailed in
D, slructions in regard to prosecutions Tor crime gen
{, orally. Specific enaclments, IN regard To most
Is questions which will be likely 10 ARISE IN the course
IS Of your inquiries will he found in tile statutes,
o. now in force. Should doubts occur in regard to
,e any of these questions you will call for tue adj
vice of the court, either here, at our chambers.
yr There is one subject, upon which | propose 10
~ speak something more specifically than | have
IN hitherto done on similar occasions. mean tie
h treatment and the conduct Oi traverse-Iufors,
tr which regards the offence, called III the books,
J. embracery. do this ut the present time because
n complaints upon this subject, both here and else
l. where, have somewhat Increased OF late and al
" because deem the flung up OF tins new eGi
III ice, for the more convenient ncConmoia ton of
&c all connected with the administration OF justice,
tit occasion 10 recall aud ecollect the safe guards,
III which the law has fiji to place around the
Id trial by Jury.
it 10 The perfection Of jury trials which have
"a long been the pride and boast of the common law
al and Of our own country many condolences are
e.. essential. 1t is essential =
to !. That the jury should be properly selected
u, With this you have, strictly speaking, no concern
as al the present time, or in your present readon.-
th We may here then assume what generally in
te our stale is found TO be the case,-that the Jury
be have been wisely selected, with reference to their
fitness for Ibis particular duly. Two PANELS
in. heu, of sober, discreet, sensible, well-OiOrmeC
~, aud luhicOus selected and sent here &c
TX assist in the trial of the most important causes
is civil and criminal, which may involve the liberty
re- properly of individuals, the peace OF iamilie
ny, or the welfare of the community to an indefinite
tn, extent. They not 10 attend upon the cour
ny merely, but they part of the court
ss. 2. They shonid then be maue us comfortable
ey while engaged in The examination OF cases, as an
ur other portion OF the court, and during their con
i" situations, facilities should be afforded Tor hei
MT, removing themselves from tue intrusion aud noise
in and, much as possible, from the vicinity OF al
oh others. 1t is believed that these facilities sui
by hcenlly afforded by the present building II an
The deficiencies still exist in the county building
bi, whereby they fail reasonably TO answer their de
whether in Tins particular or other.
is will bring them to the notice of the court.
The 3 Jurors should receive proper treatment irof
led the citizens generally, aud should study 10 under
IA sand their own duty, that they themselves ma
our conduct with proprety. For lursr may becou
sed liable TO indictment for improper conduc, as we
ore a citizen Tor improper treatment OF JUROR
his We shall more fully comprehend The rights an
ent duties Of jurors, well AS the duiy OF others
Cl- regard Them, by referring to the law upon til
in. subject. read from Russell! Oh Grimes, vol.
page Ie3, book Of high credit, for accuracy an
po- comprehensyeness.
in Embracery consists in such practices, as ten
cd 10 ulect the administration OF justice, by nprol
In erly working upon The minds OF jurors. II seen
clear, that any attempt Whatever TO corrupt, orii
in iuence, or instruct jury IN The cause beforehand
ubt or in any way to incline them to lie more iavor
ler bic TO the side than the other by money, prom
lch Uses, letters, threats or persuaslOns except only
liar the strength N The eridence, and The arguments
is The counsel al open court al The trial OF the caus
nm is proper uct Of embraceTy, pheiheT The JuTeT
,re on whom such attempt is nude, gre any rerdle
lar or not cheter The rerct giren be true or Jas
Hawkins +. e. Ii is also clear, that rs
and criminal in GjurOr, in any other person, to e
test dedpor TO pTerdn upon ms cCmPdhiohS 70 gtpe
H. verdict for side by any practices ahoi,ver, e.
ach cep only by arguments from the e'ioehce whl'
ere may have been produced, aud exhorIaIons iro
me- the general obligations OF conscience TO give
ion, true verdict Ard there can Ue no uouol, lhat
city fraudulent conlr'ahceS whatsoever, 10 secure
he verdict are high offences vi this nature st
eed where persons 10y indirect means procure then
had selves others to he sworn tales, Tor put
bill the jury box in any town. in order 10 serve oil
are side. htng v. Ope, Saunders X. ool'
that Thus you see gentlemen, that The law u1f