The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1854-02-02

some exceptions to this rule, when a grand
juror is called as witness in court, which
are only tolerated, under particular cir
cumstances, and then only to a limited
extent, In all other respects the obliga
ton of secrecy is imperative and should
be strictly observed
The third branch of the oath, which
requires the strictest impartiality in
your decisions, is important and cannot
be too strongly or impressiveiy urged up
on your attention. 1t binds you to lay
aside all partiality and prejudice-to sac
rifce them on the alter of public justice,
and to look to the evidence in the cause,
and to that alone, as your guide and rule
for deciding every question which shall
arise before you. The human mind, we
all know, is very susceptible of lies and
prejudice. They often operate upon the
most honest and conscientious and few Of
US are aware, at all times, Of the extent
of their influence upon human actions
BY carefully watching and honestly en-
deavoring to guard against their in1u
ence, We will do much to retain public
confidence in the trial by jury, which has
been subjected to more reproach from
this, than from other cause. rr
The form of the oath of Grand Jurors
has been long in use and the duties there
in so imperatively epjoined, are sanctifed
by the experience Of centuries, as wise
and wholesome provisions Of the law; the
tendency of all which is to promote the
peace, welfare and good order of So
! ciety.
Not more than twenty-three jurors can
be sworn upon the Grand Inquest. The
vote of twelve jurors is necessary to find
bill, and if the whole number of twen-
! ty-four summoned, were sworn, it might
occur that twelve would be for finding a
bill and twelve against it, and thus no
majority could be had either way. 7 ou
hear the evidence on the part of the pros
ecution truly, and from that evidence are
to decide whether there be sufficient
ground to put the party on trial for the
offence charged. Such is the care and
tenderness Of the law, that it will not
permit a man to be put upon his trial for
a criminal offence, unless the charge be
sustained by evidence to satisfy at least
twelve Grand Jurors that it is well found
ed, nor can he be convicted of the offence,
after bill is found, except by the unan-
imous verdict of twelve petit jurors, who
I hear all the evidence, as we'll that on be-
! half of the defendant as of the common
wealth.
In examining the witnesses, produced
on the part of the commonwealth, you
admit but one witness at time before
you, and when you have gone through his
testimony, you discharge him and call
upon another, so that no witness can be
present at another's examination or know
what he has testified 1t will be well to
adopt some regulation within yourselves.
as to the mode of interrogating the wit
nesses before you, to prevent confusion,-
to preserve order and to give each juror
an opportunity of asking any proper
questions, which he may desire to put tc
the witness.
The foreman, of course, is the presi
ding officer Of the Grand Jury, and upon
him devolves the duty Of preserving order
calling forward the witnesses, and if they
have not been sworn in court, before they
are sent up; of swearing the witnesses
named on the bills and examining then
in chief. When he has gone through, thu
other jurors, in order, if they desire it
can examine the witnesses, until all arr
satisfied. A prompt, systematic ant
business like discharge Of his duties, by
the foreman, will tend much to the dis
patch of business.
The Grand Jurors, however, must re
collect that they are to hear legal testi
mony only The witnesses must testif,
according to the usual rules of evidence
Hearsay and rumor are not evidence.--
The Grand Inquest like the court an
traverse Jury must have evidence OF facts
and circumstances, on which to predlcat
! their action; and they should never re
turn bill true, unless they are satisfe'
that there is a reasonable ground for tn
accusation, laid by the evidence.
Whilst petty and frivolous prosecution
/, /, should be discouraged the Grand lnques
ought always to find bill, where clea
violation of the law is made out. 1t ha
6 been truly said, "that human passion
, will have vent and they are much bette
! spent in court of Justice, than in pr
/, vate revenge, which they will general
!, seek, if legal redress be denied them"
> When the offence is laid, in the indic
, ment to have been committed ted0n5o'Ssl
f and the Jury think that there is not ev
dence enough to find "true bill" tn
foreman simply endorses the word SIS
noramus," and subscribes the finding.
3 Wherever the offence is not laid
f have been committed tclonionS2y and ii
y Jury think the bill ought to be ignored
they must decide whether the prosecute
|, or the county shall pay the costs of pro-
y ecution and endorse this part of the
If finding upon the bill, taking care alwaJ
e to name the prosecutor in such fndln
e where they direct hin. to pay the costs