Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1852-01-08

whom referred house bill limiting the humber Of
grand jurors, &C., reported the back with amend
ments, and recommend rs passage.
Mr.. Stuart said these amendments were merely incl
dental and did not affect the principles Of the BILL II
was necessary that these amendments should be adopt
ed in order TO perfect the bill
Mr.. Gibson said he was opposed to the BILL vet no
in favor of the amendments. He wished to see the
bill perfected much possible and then he would do
his utmost TO kill it.
Mr.. Smith of Spencer was opposed to all crend iu
ries. Many gentlemen wished 90 retain this system be-
cause it was old one. We might with the pro-
prety keep the old plan OF taking wheat TO mill ly
placing the wheat in end of the bag and in
the other, which in vogue during the early history
Of our country He hoped the whole system would be
Mr.. Hicks said that the eitizcus of his county were
opposed TO the grand jury system and he thought that
the committee could find substitute for the present
system Of finding indictments.
The report of the committee was concurred in
The question being ordering the bin to be engross
ed for third reading,
Mr.. Smith Of Spencer moved 10 indefinitely postnoge
the Lill.
Mr.. Beach thought that we were not prepared to-
abolish the grand jury system He was aware that
large number of the citizens of the State opposed
to grand uries yet he thought that system which had
stood the test Of time this had, have merit
in it, He knew of no way so eectual TO check crimes
10 bring minor offences before the grand iury and
NIP the career Of such crime in the bud. Not une-
quently, checked in crime, which II not for the
grand Jury, would soon become hardened and induced
commit depredatons OF higher order. He willing
to the system modified make it less expen-
sivc, yet be hoped the system would he entirely
abolished.
Mr. Stuart said he wished to place himself RIGHT on
this subject. Although his name appears the top of
this BILL his ympathcs and have been for
time past in opposition the grand jury system He
did not wish longer to be considered the advocate Of this
system, although he had made a report time since
M its favor. This report and the present bill is
promise measure between the friends Of the grand ary
and those who opposed TO it. And new, ii the
the friends Of the grand jury determined
break down this bill, which is a compromise let them
do he would be then relieved from his present en-.
barrassment.
Mr. Smith Of Spencer said he could agree TO no COM
promise. subject which he conceived to be evil.
Mr.. Slower moved TO insert after the 9th section
follows:
SEC. G. Crimes which may be punished with death
with Imprisonment in the States Prison. shall be de-
nominated felones All other offences against the Grim
na law shall be denominaed misdemeanors.
SEC Z. The grand jury shall have coenizance Of leI
only, but Indictment FOR assault and battery,
with commit felony the defendant may be
viced of the lesser offence.
Mr. Stuart said that this subieetNwas before the cou-
miitce this tme and he hoped that The base question
OF grand uries would not be entanged with the subject
of their Jurisdiction.
Mr. Gibson said that he wished to retain the present
grand jury for erreting out minor offences Ii this
amendment is adopted, he should be compelled TO vote
against the bill.
Mr. Stovcr said he was in favor of a modification oE
this time honoed institution, and not for its entire abol
ton; he wished limit its numbers and narrow las ur-
sdieiiOn. He desired to ascertain the sense Of the
House this question. and he should therefore
vote being taken on his amendment.
Mr. Hudson would vote for the amendmcn if aaE pro-
vision is made for the pay Of Prosecuting ATTORNEY
Mr. Stover said if the Office of Prosecuting Attorney
was necessary 70 protect the citizens OF the State and
law should be passed by the present legislature reduc
ing their fees below living price, bill should be nlro
duced 10 make IL a salarIed Office.
Mr. Cockrum opposed tie abolition Of the grand ury7
vet he was favor Of settling offences before JUS
tices of the Peace.
Mr. Stuart moved 10 bay the amendment the iable;
carried.
/ H. sI,o
Mr.. King moved TO strike out the words justices Of
the Peace, wherever they occur in the BILL
Mr.. Stuart said that if this bill IS passed il would
greatly reduce the expenses o the grand jury lie also
thought that Justices of the Peace men, gen
era thing far competent TO perform the duties 81
grand jurors than any other class OF our citizens ~
east they preferable to that class OF men with
which the sheriff always fills up the panel when II Is not
full He was also opposed to aboshing the secrecy Of
the grand jury. it would tend to retard business.
Mr. Smith OF s., moved to insert the words " Prose-
cstinr Attorney [" in place of Justices of the Peace.
Mr.. Davis of Franklin, offered an amendment which
was decided out of order.
The question being striking out the words Jusi-
ces of the Peace, )" resuted-.ayes 81 noes 81
The Speaker stated that the amendment OF Mr. Smits
was not IN order required than person to
constitute a grand lury-
| Mr. King moved rc-commit The bill wsh insiruc-
tions fill the blank with the word treeholders car
ricd.
of the courts Of Justice, reported
A making
tice and deGasg the duties ofudges and ether ohieers
&C..
Which was read the FIRST time
Mr. Owen from the committee on conference, report
ed that the committee could not agree on the bill ap-
pointing Commissioners. &C.
| Mr.. Doughty. from select committee, 10 whom YVES
referred House bull for computing interest annuaiiyon
notes &C. PAYABLE administrators, &c., reported
same and recommended its passage; read the Sc
esaa time.
Resolutions Introduced.
| By Mr.. Beach, requesting Senate TO return House
Mr. Howard Of L., moved to lay the resolution on the
table; carried.
By Mr. English in favor OF reducing the rate Of tax
alton 10 TO exceed threelourts oil the rai
fixed v the law of session. and in the event of such
rate not raising sufficient TO meet the demands
AGAINST the State deficiency be made up out
Of the estimated 100000 surplus in the Treasury;
adopted
By Mr. DoIson, requesting the committee sR the or
oanization OF justice report bill ior the
election of county boards; passed.
BY Mr.. Ray, ior revision oi the law oi descenis5
carried
By Mr. Bebm, for modifying abOlshing the Office
Of Agent Of State; earried.
By Mr. Glazebrook, for uniform mode Of dong
County business by three Commissioners; adopted
A message was received from the Senate announcing
the nassace of a resolution to 20 into the election
Monday next, at 2 o'clock, P M OF three commission
ers to revise and simplify the code oi practice 1he
House concurred in the resolution -
Also, JOINT resolution relative to tne ir'sn potea'
prisoners which read the first time
Also that the Senate had reeeded from ITS amendment
IN House bill for tho appointment Of three Commissioners
! 10 revise and simplify the code Of practice.
Mr.. Smith Of Marion, asked and obtained leave 20 m
troduce bill 20 change the of the town OF Belle
foptane to Vertland; which was read the hrst time
House adjourned until tomorrow morning az nne
o'clock.