Butte record., 1854-06-10
Court OF sessions-Butts County.
Charge Of Judge Lelcis, TO tie Grand Jury,
dellrered at the June term Of SAID Court

You nave been convened from the electors O. tat7
county by authority Of law, perform the duties ofthe
Grand inquest term Of the Court Your duties
are honorable and responsible and impose upon you
necessity in pursing the prescribed OF being
attentive, dispassionate ana consi1erats-
The federal and state constitutions, those pail diuus
of American liberty, tnat embody in IA eminent degree
the experience Of ages and the immu;uhs principles
Of justice have gaarnecd TO ali persons within he
scope Of their GRITTY that they shall not be called TO
answer for acapol or other infamous crime unless
pr-senman. Of grand jury" The stale constitution
and the laws enacted 10 give force and efficacy taat
Instrument, guarantee speedy and public uial 10 all
persons who hive be-n arrested charged with having
violated The cr..a.na. law. Thus you perceive tiat
there is Z s. stem aud q method IN oar criminal rs
prudence; and upon just aud stern oaiofcemeutol
that system depends The efficiency Of ogr govern rent
the prosperity snL secrily Of oar citz rs Xou ger
t!emen, who assembled lr- lie motive moving
power a ina; = steun-iis III. ana vitality WiAo4,
your sanction -ni appreciation it IS Ioa-.ass ine
greatest offenders against las anj justice morality and
pabhc tranquility viii ne permitted TO 80 Il. large and
to continue their depreda.io2s. our criminal jgrie-
Prudence crn be Yalicatei only lAroagh yoa. Iyu
have been St. ag-r, saieled aad projected Win le
a.thori'y nd maJes.y OF The peog,e, Us -eAle.s 10
saard their morals and saiey, aad 10 ps5ec their rights
against wro1 tcers--'o hear-to see and TO fel ioe
iheir interest. How we'll you may deserve the hour-
aoie posi- tha, has been assigned you, viii be of lie
public 10 de,1e uler you shall hase been discharged
and return to nlinge with your fellow citizens again.
Your dsiss are those Tut have b4an prescribed BY
the Statutes They are plain and cannot be mistaken
Every public wrong that has been committed in this
county, whether against the gosesnnnnt, revenues
,-i -
evidence be that character lha would Dexplaned
wnrrania conviction, 10 present true bil' 80 Of
fence committed ii his county IS beyond your iris
diction-no Ier-on, however exalted ur low, may be
his position IA le, who is charged with having cofi-
ml.ed that offence can, should escape your inyes
CATION. Your duty and eelhorlty are commensurate
with The law, ami you have ample power, with The
sistnee Of The Court, brought before you such
evidence YOU may deem necessary To assist you in
your Investigations
IN country ike oars, with population that eulbra-
ces emgranis from every land, Cline ard tongue,
swayed and governed by conAc-iag passions, interests
and pr JUDGES. it viii MOI iryb.bie iha, you mag
be called upon TO investigate many and various classes
Of crime .; 20 present the same for trial To cid .sd
assist you As duty We cannot do better than 10 pre-
sent to your consideration the statutes that define pub
,
g5yerned Il is Supreme, and ssou.d be enforced with
prompao AID fearessnes- Aat i. ,ny strike terror
and d.na. - ali sTons dorrs-.haI may De 4 erfor
only to evil doer, praise them that do WE'LL BY
other law can wrong doers be brought 10 condign
Punishment. p 10 other law int hope and conf
dence be inspired ihe lao..o a.iaa than Il produce
wholesome eali;y, tha they were made for Ae public
good aud not for oppression OF eNtoriion.
,it i-t
is offence against the government, It Is by 10 means
probable that you wi called upon to investigate any
charge Of that character In country where the gov
eru.aent is the work Of the peope-where liz very
foundations rsst upon the sovereign will--where the
Whole fabro ia every part und minute is controlled by
;Aat will M inherent and inalienab!e right in the
up ie, or TO change The entire fabric ii is
as.liy possible under such circumstances that, mat
oaence either sas viii be committed Undoubtedly
e.e arg pubic ctionaries, as well as .spirants 10
-iic,ai losioe power and patronage who are swayed
by sord interest, or by an inordnate inhibition 10 be
clo.hei the paraphanaa and insignia of Office TO
prostitute their position to individual aegrandzemen
and 10 accomplish such purposes DO scruple 10 bid
defiance to public sentiment, only in the assump-
ton OF power not given, but ia The consuuaon OF
schemes projects measures and laws that the people
tive enactment that will reapn them yet these Incl d
ssassins against popular sovereignty and viii
less repreensi5le th IA the bold and daring traitor
rebel, who hes consprcd pull down the very
pies Of liberty and to subveri goyernnen that has
secured to them manifold blessings, and ihat may be
the pride and admiration Of freemen everywhere. such
oaenders only find their punishment III crushing
condemnation bya Airtuous, Indignant boagh; and
incorluptibe constituency. And snch wrongs can
only find and ih-r remedy vigorous h9ally pUBElc
OPINION, that unseen, ueli, irresistible power that
controls tho mans and the nations destiny
Murder is defined 70 be The unlawful killing Of hu-
man being h malice aforeihought eithar expressed
or implied The unlawful killing may ba effected by
;y of The neaas by which death may be oeca-
sioned Malice in every instance is implied when no
considerable provocative appears, or when al the CT
cuU5iices of the killing show an abandoned and ma
lgnant heart.
Tie homicide being established, The burden Of prov
lug circumstances Of mitigation or that justify the hom
icide viii aeyolYe upon The accused IN every homi-
eide malice is presumed. and the accused must rebul
that presumption.
Mansiughier is the unlawfal killing Of human
being without malice expressed or implied and without
any mixture Of dalibefaton. Il mus be voluntary,
upon sudden s9at ef passion caused by provocaion
apparently sufficient make the passion irresistible
Involuntary in the commission Of IN unlawful act, or
Q lawful act without dne caution or circnmspecton -
IL voluntary mansauchter the killing must be the re-
suit Of that sudden violent in 3use Of passion sup
posed be irresistabe if there should appear to
rave been an interval between the sau or proYoca-
lion given and the killing, sufficient for the voice of