Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1855-05-15

CHAP. ll6, REVISED Statutes.

~. Inc Dfanu Jury mas power, ana 1t rs
their duty TO enquire into all public offences COM
United or triable in the county, and to present
them to the Court either by presentmcnt or indct-
nent, as provided in the next two sections.
$50. Upon such inquiry, if from the evidence
the Grand Jury believe any person charged with
apublic offenSe to be guilty of the same or any
other public offsnse. they shall find an Indictment
against such person.
S3l. In all other cases, if upon investigation,
the Grand Jury believe that person if probably
guilty of such offence, the Grand Jury shall pro-
ceed by prescntment only.
$50. An indictment is an accusation in wri-
ting presented by a Grand jury, TO competent
Court, charging person with Il public oHense
S33. y prescntment * an Informal statement
in writing, by the Grand Jury representing 10 the
Court that public offence has been committed
which is triabie in the county, and that there Is
reasonable ground Tor believing that IA particular,
named or described person has committed it.
13f. The Foreman may administer oath TO
any witness appearing before the Grand jury.
$50. In The Investigation Of charge for the
purpose of either prescn;lnent or Indictment. the
Grand jury can receive no other evidence than
|. Such as is given by witness, produced and
sworn before them o.,
,. By legal documentary written evidences.
$50. The Grand Jury can receive none but lc-
gal evidence, and the best evidence in degree, to
the exclusion OF heresy, or secondary evidence,
except when such evidence would be admissible
on the trial of the accused for the odtnse char
ged.
351. The Grand Jury is not bound to hear
evidence for the defendant; bat it is their duty
to weigh all the evidence submitted to them and
when they have reason TO believe that other evil
dcnce within their reach, will explain away the
charge, they should order such evidence to be pro-
duced, and for that purpose may require the Dis
trict Attorney TO issue process for the witness.
!3o. The Grand Jury ought TO find an indict-
ment when all the evidence taken together is such
as in their Judgement would, if unexplained or
uncontradlcted, warrant i conviction of the trial
jury.
$50. If a member of the Grand Jury knows,
or has reason to believe, that public oiense has
been committed which is triable in the county, he
must declare the same to his fellow jurors, who
must thereupon investigate the same.
s 40 The Grand Jury must inquire:
l. Into the condition Of every person imprs-
oned on criminal charge triablc in the county,
and not indicted:
5. Into the condition and management of the
public prisons in the county: and,
). Into the willful and corrupt misconduct in
Office, of public officers of every description in tie
county.
S4l. They also entitled to free access, at
all reasonable tines, to the public prisons, and
to the examination without charge Of all public
records in the county.
$40. The Grand Jury may at all reasonable
times ask the advice of the Court, of the Dis
trct Attorney of the county: and whenever re-
quired by the Grand Jury, it shall be the duty
Of the District Attorney of the county to attend
them for the purpose Of framing indictments, or
of examining witnesses in their presence, but no
District Attorney, Sheriff other person, except
the Grand Jurors, shall be permitted to be present
during the expression of their opinions, Or the
giving of their votes upon any matter before
them.
943. Every member of the Grand Jury must
keep secret whatever he himself, or any other
Grand Juror may have said, Or in what manner
he or any other Gran | Juror may have voted on
matter before them.
A. A member Of the Grand Jury may, how
ever, be required by any Court to disclose the
testimony OF any witness examined before the
Grand Jury for the purpose of ascertaining wheth-
er it is consistent with that given by the witness
before the Court, or to disclose the testimony
given before them by any other person upon
charge against him for perjury, in giving his tes-
timony, or upon his trial therefore.
945. Grand Juror cannot be questioned for
nythIng he may say, or any vote he may give in
the Crand jury, relative to Il matter legally pend
ing before the jury, except for purgng Of which
he may have been guilty in making an accusation
or giving testimony to his fellow jurors.
Judges Charge.
| 10 not deem it my duty, gentlemen, to direct
s<.ur attention to violations of any particular
= ~ or laws, except so far as the provisions of
Your statutes instrct me to do so, for with the ex
cepticus Of simple assaults and batteries and af-
trays you have either exclusive or concurrent ju
risdiction over all crimes and misdemeanors that
can be committed under your laws.
This charge, which have read, contains the
Substance of the law regulating and defining your
powers, and directing you in the discharge of your
duties. And although it has but lately been en-
acted by the Legislature of our Territory, it is
substantially the same which has existed from an
&c IL,
and practical utility are supposed to be demon-
strated by the test of time and experience.
And it is all, perhaps, which can say in the
hope of enlightening you upon the varied bust
ness that may engage your attention. | am not
aware of any particular charge of crime to be
made before you, which calls for any special in
struction, and an attempt to be more particular as
to your general duties would only serve to confuse
your minds and direct your attention from those
points which have been read to you and are DEEM
cd essential. 1t is however well for all, engag-
ed in the administration of our laws, to reflect
that our duties are of high and responsible char
acter. If there is any conservative power in our
government, any authority to which the rich and
the poor, the strong and the weak may apply with
equal hopc of justice, it must be found in that
branch which in part this day represent. Its Pc
culiar Office is conservative in its nature, and since
the adoption CT our federal constitution, with
a. few solitary exceptions, this character has been
most hrinly anu monty sustained: 1t has rarely
been influenced by faction, or biased in its action
by popular excitement, more rarely still has it
been seen yielding up its land marks of our con-
stitution and laws to the periodical fanat;cism
upon one subject or another, which like blight
ing wind sweeps over az intelligent people.
Ia is to be regretted that within few years
past, there has been spreading among the people
of our government, and sometimes fostered by
men of intelligence and character, principle so
much at war with our orderly and permanent free
government, that it would sometimes seem for the
moment that new dawning upon us, and |
that anarchy and lawlessness were assuming the |
place of law and order 1t is too true, that in a |
few instances even Courts, both Judges and Ju- |
rors, have deemed their wisdom and conscience |
so far raised above the conceptions Of our fathers
that the constitution and laws of our country are
spurned as the barbarous and antiquated edicts
Of ignorance and tyranny.
But gentlemen, when Judges and Jurors have |
arrived to the sublimatcd point of wisdom and |
conscience, which obligcs them to overlook the
authority by which they We're created, it is time |
they should give place to lower order of mortals,
who feel under some obligation, moral or other
wise, to act in accordance with the oath of God |
which they have taken upon them.
We have happily no present reason to fear an |
interrupton of the due execution of our laws in |