, 1854-05-20

JOlllcu all cases sent 10 JuC court on
change of venue, and all cases sent to the
court by magistrate, on appeal or other
wise.
ARRAIGNMENT OF THE DEFENDANT.
Sec. 81. If oHthe arraignment of any
person he shall Head guilty if the offence
their discretion hear testimony, and deter
mine the amount and kind Of punishment to
be inflicted but if the defendant plead
guilty to q charge of murder, a jury shall
he cmpanneled to hear 'stimony and deter
mine the degree of murder, and the punish
ment therefor.
Sec SO. If on the arraignment Of any
person who is indicted, he shall refuse to
plead or answer, or shall not confess the
indictment to be true, the court shall order
plea Of not guilty 10 be entered, and there
upon the proceedings shall be the same MS
if he had pleaded not guilty to the indict-
ment, and for cause shown he shall have
reasonable time to answer the indictment
Sec 50 If the defendant appear with
out counsel, he shall be informed by the
court that it is his right to have counsel
before being arraigned, and he shall be
asked if he desire the aid of counsel, and
if it appears that he is unable to employ
counsel by reason of poverty, counsel shall
be assigned him by the court at the expense
Of the county, and in capital cases at the
expense of the Territory
Sec. 30. When the defendant is arraign-
ed, he shall be informed, if the name by
which he indicted be not his true name he
shall then declare his true name, or be pro-
ceeded against by the name in the indict-
ment.
Sec. 9l. If he allege that another name
is his true name, it must be entered in the
minutes of tie court, and the subsequent
proceedings on the indictment may be had
against him by that name, referring also to
the name by which be is indicted.
Sec ~ If the indictment be for a mis-
demeanor, punishable by fine only, the de-
fendant may appear upon arraignment by
counsel
OF WITNESSES AND EVIDENCE.
Sec. 90. Witnesses may be compelled to
attend and testify before the grand jury !;
and witnesses on behalf Of the Territory or
Of the defendant, in criminal prosecution,
may be compelled to attend and testify in
open court, IL they have been subpenaed,
without their fees being first paid or tender.
ed, unless otherwise provided by law 4; the
court may recognize witnesses, with or with
out sureties, TO attend and testify at the
same or,next term Of the court, or at any
term Of court within theTerritory.
Sec. "a. The clerk shall at the time of
issuing a warrant for the defendant, issue a
Subpoena for all the witnesses whose names
are endorsed on the Indictment, aud any
others required; but in no case shall a con-
tinuance be granted to the Territory on ac.
count of the absence Of any witness, whose
name isnot endorsed on the indictment.
Sec. 95. Witnesses competent to testify
in civil cases, shall be competent in criminal
prosecutions, but regular physicians or sur
geons, clergymen or priests, shall not be
protected from testifying as to confessions,
or information received from any defendant
by virtue Of their profession or character,
and Indians shall be competent witnesses
in any prosecutions in which an Indian may
be defendant.
Sec. 90. The confession of defendant
made under inducement, with all the cir
cumstances, may be given in evidence
against him, except when made under the
influence of fear, produced by threats but
confession made under inducement, is not
sufficient to warrant a conviction without
corroboratng testimony.
Sec. 81. The rules Of evidence in civil
actions, so far Is applicable, shall be APP
nlia1 IN criminal nrOracutiong
CHANGE OF VENUE.
Sec. SO. The defendant may show to the
court, by affidavit, that he believes he can
not receive fair trial, owing to the preju.
dice Of the judge, or to excitement or preju-
dice against the defendant in the county, or
some part thereof, and demand to be tried
by disinteresed triers.
Sec. so. When the affidavit is founded
on prejudice Of the judge, the court may in
its discretion, grant change of venue to
\ some coratJ ia another district, or may con
tinue the cause to the next term Of the
court, which may be held by any other dis
trict Judge if the affidavit is founded upon
excitement or prejudice in the county
against ne defendant, the court may in its
discretion grant change of venue to the
most convenient county. The clerk musl
therenpon make a transcript of the pro.
ccedings and order of court, and having
sealed up the same with the original papers
deliver them to the sheriff, who must with.
out delay deposit them in the clerks Office
of the proper county, and make his return
accordingly.
Sec. 100. Where change of venue is
ordered if the offence be bailable, the court
shall recognize the defendant, and in all
cases the witnesses, to appear at the tern
of the court to which the change of venue
was granted.
Il OF TRIALS.