Weekly national intelligencer., 1851-09-27
WITNESSES BEFORE GRAND JURIEs.

A question of general character having been
propounded to a witness before the Grand Jury OF
the United States for the Middle District Of Ten
nessee, now in session, in connexon with the late
Cuba movements, which he refused TO answer un-
less ordered by the Court Judge CATRoN further
charged the Jury as follows:
The Grand Jury is bound present on the information
Of one Of its members He states to bis fellow Jurors the
facts ths. have his knowledge BY seeing or hearing
them confessed by the guilty party The juror makes his
statement witness under his oath taken a. Grand Ju-
He does state, and bound by bis oath TO state the
person who did the criminal act, and all the facts that
evidence tending prove that crime had been committed
The Grand Jury have the undoub,ed right send for Wit
and have them to give evidence generally, and
found preeenments the evidence Of such Witnesses
And The question here is whether witness thus introduced
legally bound disclose whether crime has been commit
ted and also cho committed the crime II grand juror
the Witness he would be Bound to give the information to bis
owurors voluntarily, his oath requires him to do
And also the general oath taken in by witness who
before the Grand Jury imposes upon him the oblga-
ton such legal questions propounded by The
jury to the end of ascerainng crimes and offences and their
preparatory that the jurors suppose have been committed
If general inquiries could be made by the Grand Jury
neither the offence offender could be reached 10 many in
where law jurisdiction is exercised Ia the
federal such instances rarely occur; still they have hap
pened in this circuit in where gangs of counterfees
sought to be detected but especially in where
spiuous liquors had been introduced among the Indians
siding Of the Missouri river. That drunkenness riots
and occasionally murder had been committed by Indians who
intoxicated notorious but who had introduced the
intoxicating spirits into the Indian country was unknown
The fact Of introduction the crime punishable by Of
Congress In the Missouri district many such cases have
arisen. There the Grand Jury instructed of
ascertain who did the criminal The fact and the offender
is their duty to ascertain and these they do ascertain
sany by general inquiries of witnesses whether they know
that piituous liquors have been introduced into the Indian
country, and, secondly, who introduced them.
M is part of the oath Of the Grand Jury inquire Of mat
ers given them in charge by the court and to present
criminal such acts the court charges them TO be crimes
offences ndctabe by the laws Of the United States And in
executing the charge lawful for the Grand Juy-and it
its duyo search out the crime by questions witnesses
Of general character The questions propounded by the
jury this instance and presented to the for opn
on in substance Please what you may know Of
any person persons in the city Of Nashville who have be-
gam have foot who have provided the for
military expedition from hence against the Island Of Cuba
3D. Or Of any person who has subscribed any Of
ney to h such expedition 80. Or do you know of
any person who has procured any enlist q soldier in
military expedition to be carried from hence against the
leland Of Cuba 4th Or Of any person asking subscriptions
for ensng soldiers in military expedition to be
red on from hence against the Island Of Cuba
As all these questions tend fairly and directly to establish
Of the offences made ndctabe by the act of lSS
and pertinent the charge delivered to the Grand Jury
they may be properly opounded to the witness under exam
naon and he is bound any all of the unless
the would tend to establish that the witness him
self guilty according to the act of Congress.
sThs doctrine is believed to be in conformity to the for
er practice Of the State Circuit Courts of Tennessee and
assuredy according to the practice in other Staes will
be by the opinions Of Supreme Courts and Circuit Judges
found in Wheaons Criminal Law, ch. g."