The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1857-10-22

U. 8. DISTRICT Couar, Hon. X. X. NxLssx,
JUD0k--CHAR GE TO GRAND JEKY. Gentlemen -
You have been selected by the Commissioners
Of this county to serve ~ . Grand Inquest ~
this term Of the Court. | recognise among
you citizens distinguished for integrity and up
rtghtness Of character, 10 whose hands am
confident the public interests and welfare will
be carefully guarded.
The Grand Jury system Is . wise and con.
servstive one, originating II time when the
Government Of our mother country were exer
ching IN unjust and tyrannicsl power over the
people; when oppression run riot in her sway.
The subject, - an only recourse, sought an
appeal TO the judgment Of his peers for pro.
lection. Il was introduced into our free and
enlightened community, although no such rea-
son existed. bat the same impulses that wrung
from "a overbeariDg and aristocratic power, this
wise system Influenced its adoption, protection
10 the citizens and the enforcement OF just and
wholesome laws. where the great benefits and
results that were designed TO follow.
It may bee me, gentlemen a dangerous ;:SI
ty. The .ecresy with which tho law invests
your proceedings. The high prerogstives with
which you are endowed by designing and will.
fal persons, may become prostituted, and per.
sonal malice may seek its gratfc alton. As the
protectors Of life, liberty, and property, you
importance Of your position. You have cogni-
zance Of, and it Is your duty, under the statute,
to enquire into all public offences committed,
or triable In this county. And, although oil Grim
insl cases shall be tried. as a general rule, in
the county where the offence was committed,
the statute has made exceptions, to some of
which will briefly call your attention.
/ Offences committed on the boundary lines OF
two counties, or within one hundred rods Of the
lines dividing them, may be alleged in the in
dictment to have been committed ami may be
| prosecuted and punished in either OF them
! Your jurisdiction therefore extends 100 rods
beyond the boundary lines Of the county Of
Ramsey.
Again. ia :'ortal wound shall be given, or
other violence r injury shall be Inflicted or
any poison administered in one county, by
means Of which death shall result, ia another
county, the offence may be prosec cute and pun.
ished in either county.
so If death shall ensue in any county in this
Territory, from a mortal wound, or other vio-
lencc or injury done, or poison administered,
without the limits Of the Territory, the offence
may be prosecuted and punished Ia tho county
where such death may happen.
Every person who shall be aiding in the com.
mission Of felony, or who shall be accessory
thereto before the fact, may be indicted, tried
and punished In the same county where the
principal fe0n might be indicted, tried, and
punished, although the offence may have been
committed either within or without the limits of
this Territory. And accessories after the fact,
may be indicted. tried or punished either in the
county where such person. became accessor. or
in the county where such principal feloa shall
have been committed.
You are not bound. gentlemen, to hear eyi.
denee for the defendant. but If during the exam.
nation Of an offence, You have reason TO believe
that other evidence within your reach will ex.
plain away the charge, il is your duty to pro-
cure such testimony and to see that the District
Attorney brings such witnesse. before you. and
only find an indictment when you become sat
Isiied from all the testimony before you that un.
contradicted or unexplained. such testimony
would warrant Q conviction.
This is made your duty by statue, and chang.
ed the rule Of the common law, that no evidence
should be heard by you excul patory OF the de-
PENDANT The policy Of allowing you to hear
explanatory evidence u certainly wise one
and assists not only in enforcing the laws and
bringing the offenders TO punishment. bn. pro-
tects the innocent from accusation. The char
acter OF an individual suffers 10 u certain extent
when an indictment has been founl against him
although no conviction ever results. There is
little satisfaction in being merely released up.
on the trial of charge preferred, when the ac-
| about perhaps, through the maliynity OF enc
mics seeking personal revenge. The statue
therefore, has literally and through spirit Of
wise public policy protected the character Of
the individual and prevented it from being tar.
nshed by an I'M just suspicion Of crime.
| am required by law 20 read TO you the chap
ter, defining your duties and powers, and the
manner Of conducting your proceedings. See
r. s., chapter lis.
/ am informed BY the District Attorney there
Ia in jail q prisoner committed for the crime
| OF murder, which will come before You during
your sitting. IL IL proper for me, gentlemen,
to explain to yon the difference between muir.
der and granddaughter. and excusable or jus,if.
able homicide, and TO give you the principles
which should govern you In arriving at a just
and lega! result. Murder Is the wilfu killing
any person Of malice aforethought. expressed
or implied When there is a premed,ated
design to effect the death o. person killed
the malice Ia expressed. This. by our statute
is . murder in the first degree, and punished
by death. Malice is implied when the killing
is perpetratsd by any act imminen'ly danger.
Gus to others, and evincing a depravsd mind
regardless Of human life This NAV he by our
statute murder in the second or third degree
and punished by imprisonment IN the Territorial
prison.
Tho killing of person ~i;faily or through
gross negligence. without malice. sforethulght
is mansaughter.'
The kiliiag Of person resulting from neees.
sity. may be either eScusabie or justihabIe-if
from accident sreusabeb but when done to pre-
vent the overthrow OF public Justice il 10 jssfi-
faAs.
When the fact OF killing sproved. in order to
bring the offence below Che crime Of murder IL
IL necessary that the party charged should show
satisfactory by testimony that some necessity
or ircumstancss Of accident. excited. or that
the offence was committed through infirmity Of
mind.
Although the act which brought about the
death Of an individual was unlawful still ifthere
was no express or implied malice. the killing is
not murder but granddaughter. But no insul,
however grevious or conteIaptaous. without an
assault upon the person, can bring the killing Of
person with dangerous weapon below the
crime Of murder.
In defence Of one person, force may he used
by IN individual agains, Any one who either BY
violence or surprise attempts 10 XIII him..-and
il IL not oblisstory upon him TO retreat from IN
adversary under such circumstances, but he
may follow him mp until hia personal safety is
secured. should hs xiii him under such cir.
cumstances. 10 il Jssftfaht, Ao-.,rtss. But there