Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1852-02-12
Senate met.

Petui0Rs Presented.
BY Mr.. Slack remonstrance Of citizens of ST. Omer
in Decatur county, against the passage of the tenn
perance BILL and requesting that the bill might be laid
under the table. Laid on the table.
BY Mr.. Slack of citizens of Huntington, in Hunting
ton county, asking change in the road law. Referred
to committee roads.
The report of the committee criminal law returning
the grand jury bill with amendments taken up.
The question upon the amendment proposed by
Mr. Hanna to limit the action Of the grand jury to such
should be brought before by the Prosecuting
Attorney or by recognizances from inferior courts
Mr.. Hanna replied to the remarks made by Mr.. Mar
shall yesterday, and defended his amendment.
The amendment was not adopted. Ayes l3, noes 30.
The fourth amendment Of the committee, to strike out
the sections (miting the jurisdiction of the grand jury
TO offences Punishable with death Imprisonment in the
State prison) was adopted. Ayes 26, noes %.
The question being concurring in the fifth amend
ment (to require not less than twelve jurors find
bill, instead of five as the bill proposed.)
Nh Cravens moved to lay the amendment the ta-
BILE Lost-aycs 10, noes 20.
The question REQUIRED on concurrng in the amend
ment, and was decided in the affirmative. Ayes 81.
noes I6.
The sixth amendment (repealing all laws the SUBJ
Ieet) was cOncurred in.
Mr.; Miken moved to lay the Dill and pending
amendments on the table. Lost-ayes 10, noes 36.
Mr.. Derees moved to amend by adding a section to
the costs Of prosecuting in of acquta of
person accused against the utied Witness if such
witness should voluntarily appear before the grand jury
testify and it should appear the court that such
testimony was maliciously given.
Mr.. Slack moved to amend by adding to the end o
the amendment, provision that said prosecuting wit
ness might he heard 10y himself attorney before the
costs OF said prosecution should he assessed against
him.
Mr.. Secrest moved to lay the amendment and the
amendment to the amendment on the table. Lost-ayes
Is. noes 27.
The question then being upon the adoption of Mr.
Slack's amendment it decided in the affirmative
ayes 81, noes 10.
Mr.. Micke moved to amend the amendment by pro-
-i,l 49,
against the prosecuting witness. Concurred in.
The question then being upon the adoption of the
amendment proposed by Mr.. Defrees, as amended, il
was decided in the aifirmative-ayes %, 90.
Mr.. Reid moved amend by adding a section con-
ning the inquest Of the grand jury to brought be-
fore it by the prosecuting attorney in writing by recog
nIzance from court of record, by the personal
knowledge Of grand juror, other person presented
in writing signed by said grand Juror other person.
Upon this motion considerable debate ensued. in
which MesSrs. Secrest, Safer, Mickle Marshall and
McCarty opposed the amendment, and Messrs. Reid
Knowlton and Spann advocated it.
Mr.. Secrest moved TO lay the amendment the table
Carred-ayes "a noes 81.
Mr. Slack moved to add section TO have the ses
sions of the grand jury held public and that the
cused person shall have the right to crossexamine the
witness brought against him. Lost-ayes p, p
Mr.. Secrest, in order to give the Senate time to
anime the bill its present state moved lay the bill
and amendment on the table Lost.
Mr. Dunn moved to strike the bill from the enact
ing clause with the exception of the section repeating
the local laws on tne SuDect oil Tue 9Tdhu Jury ne
effect of the amendment would be continue in force in
all the counties in the State the present grand jury sys
tenn without modification. Lost.
AYEs.-Messrs. Athon, Crawford, Dawson, Dunn
Eddy, Henton, Holloway, James, Kendall, Logan, Mar
SHALL McCarty, Mlliken, Niblack, Odell, Safer, Sc
crest, Teegarden, and Wtherow-19.
| NoEs.-Messrs Alexander, Allen, Berry, Brugh Cra
vens, Deirees. Deavan, Dougherty, Emerson, Good
man, Hanna, Hester, Hickman, Hicks. Kinnard, Knowl
ton Lougshore Mckle Miller Reid, Slack Slecth
SPann, Turman, Walker and Washburn-26.
Mr. Hanna moved to amend by striking out from
the enacting clause and inserting substitute to abolish
the grand jury entirely and providing that crimes pun
iShable with death imprisonment in the State prs
on, shall be tried by presenIment the circuit court
by the prosecuting attorney, aad that magistrates
the circuit courts shall have concurrent jurisdiction il
making preliminary examinations; and in crimes of
less magnitude punishable by fine, the justices of III,
peace shall have jurisdiction with the circu
courts where the fine does not exceed twenty dollars
aud when the justice is of opinion that the fine soult
exceed $50, he shall recognize the offender appear
court
Before vote was taken
| The Senate adjourned.