Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1843-01-27
DUTIES OF JURORS,
CHARGE TO THE GRAND JURY IN WAsHINGTo
COUNTY, NOV. TERN, ls42.

BY HON. ISAAC =. RrDriELD, JUDGE
Gentlemen of the Grand J,uy:-
In obedience TO the general laws of the state,
you have been called together at this time, to re-
view the period, which las interviewed since the
last grand-Iury met in this county. speak Of
that PERIOD because, since that time no general
inquest, in regard to crime, has been taken. 1t
is your duty indeed to present all offences,
which come to your knowledge and which
are not barred by the statute OF limitations; but
in regard TO the last year, II is required that you
feel assured TINT all Offences which are known TO
hive been committed in The several towns in the
county, nre brought before the court, that the Of
tenders may he tried.
For this purpose il is the duty Of every mem
her Of the PANEL to give to the body when assem-
bled, all information in his power. in the first
years of our judicial history, and until the year
1871, the town grand Jurors, aud the court grand
jurors were the same. 1t was their duty to in
form in regard all offences before justices Of the
peace, in their several towns, and have The often
deis bound over or committed for trial. The lu
rors were then assembled before the court, cul-
paunelled aud sworn, and went into an exanin
alton of The several cases ;-each juror in turn
presenting HE calendar. IL was found that, in
this way, the grand-Jury were not so impartial
body for accusation, as if they had not passed up
on the same cases before, which gave them more
The character of counsel for the state, than i'm
partial Judges. The mode of selecting grand-u-
rofs was consequently changed, first, to a selec
ton, by the town-clerk and justice Of the peace,
OF thee times the number required from each
town, from whom he requisite number was drawn
by lo,S finally, TO the present mode OF selection, by
tie civil authority of the several towns, with the
appreciation OF the towns themselves. The change
is not dcs gurd to exouerate The several jurors
from sNug information 10 the PANEL OF all oilen-
ces winch have rnme 10 their knowledge, or
which they ha, good reason TO believe have been
committed, that they may be examined into.
But TO the end that this may be done fully and
freely, it is made the duty oil every member OF
the pannsl to keep whatever passes IN the grand
Jury room an nviolable secret This is duty, |
have sometimes thought, not sufficiently regarded.
Men are not inclined II keep secrets, unless they
are of great Importance, and then they are some
times not little burdelis0me.
But it is Important tint, il the proceedings OF
the grand.lury are attempted TO be kept secret,
they should he. For II their proceedings are
nomnallY secret, but really TO be made public,
there 10 much more difficulty and danger IN the
members acting freely, lIlun, if their proceedings
were held before the public eye A man will very
often be blamed for saying that in secret, which
if he had said ii openly, The same persons, who
blame him, would have pronounced not only prop
er but prase-worthy. Hence those persons, who
always think loud or speak without disguise their
whole thoughts, may say almost any thing, and
not be blamed by those even who come under
their censure, While reserved aud cautious man
who contdentlally makes an unknd remark
which happens to come before the public fnd'
no forgiveness. so that, while your proceedings
are supposed TO he secret, il they are not in fact 50
it is even worse than il lhey were known to b
public. This secresy may not be important i'll on'
case in hundred, but the rule was intended To-
, the hundredth case and unless 1t is observed IL
, the ninety and nine, it will not he likely 10 be II
the hundredth. 1t is fol this that your oall
obges you "to keep The counsel Of The STATE you
I ocn counsel, and that o. your Jelo0s": and con
!scluntious and prudent man III regard his prom
Use, or his word, and especially his oath, IA mat
ter not to be lrf1ed with. | cannot perceive an.
, reason why official oaths should be esteemed al
A exception 10 this rule, or why the IN or should b.
entrusted with privilege Of dispensing with
portion OF his oath, aud no; the whole: or will
p The whole part OF his oath, in one cause, ant
: not in another. | do not well perceive how
could he argued, with pausbilhy even, tnat
grand juror is any less bound to keep secret whG
!. passed in the grand-jury roOm than he Is to pre-
+ sent no man for ei'yy, hatred, or mallce" aud st
s leave no man unpresened for love, fear favo
r affection or hope OF reward, pat least SO far
r, the oath is concerned This part of the oat
s should either he dispensed with, and the statut
requiring II TO he luken repealed, or 1t should
!, strictly and religiousIy regarded
= ought here, perhaps 10 meution another opil
z ion IN regard 10 The discretion OF n GRANDEUR
d which may sometimes have prevailed 10 some c!
d erection in regard 10 AL offences, whether TO pr
i sent them or hot. Ii is hardly necessary to sa
that such intnTalion is he found i'll your oat
nor in any OF the statutes of the state, nor in nj
depository Of the law to which have had acces
h You are sworn " to present things truly, as the
s. shall come 10 your knowledge to the best OF yo'
understanding, according 10 the laws olths state
and you have no discretion to omit presentmer
because the offender is young, IN years, or
crime; because family may he dependent upt
his labor for suslenance, or will be dlsgraced
his conduct being made public, or because of Il
many circumstances which, very often no doul
go so tar TO exlenuate the enornity Of the offenc
as TO make it appear rather u weakness, or Il mi
fortune, than u crime. The Office of suting Il
degree OF punishment TO the infinitely diversiht
degrees OF the enormity of crime, is an undeslf
BILE discretion, but one which, greatly TO 20
comfort and satisfaction, doubt not, is mpos
upon another department of the tribunal, helo
whom tie offender is finally tried, whether in tt
court, or the Supreme Courl. You are 10 prese
every offence, which may come 10 your knou
, edge" where you believe the proof Efficient 10
sure II convictions.
There is a class of cases, which regard the p
ol lice of the county, where the offence consists
er the motive with which IN act is done or omttt
lie like the omitling neglecting to repair roads.
RS This case The neglect IL INST be willul to consu
We the offence, l. e. it must have been long cont
ued us to become criminal. And here no dou
the jury have discretion 10 determine wheth
or under all the circumstances, the neglect is su
as ,ails for redress by indictment. Many simi
cases might be named. But here the discretion
in determining whether The offence has been CO
mued. Beyond ,hut there is properly no disc
ton in regard 10 presenting offences OF this CHI
N acler, any more than others strcIly criminal
In enumeruling the particulars, IN which gra
CIR, Jury is liable to TAIL of accomplishing the great
possible good, | ought perhaps, 10 caution You
ii gAinst leaning much upon the opinions oil ca
other. In considerably numerous body, til,
is perhaps some danger that this feeling may son
m times induce them TO consent to a course OF aci
ed with which no one OF The individuals is exac
Try satisfied, or for which he would be willing 10
ye- held personally responsible, to which indie
en- he would have felt prepared 10 consent, If he i
,ul expected TO bear the whole burden of respOnsil
- ity. l cannot say, that cases of this character
ic; of very frequent occurrence but The tact, Il