The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1857-03-04
REPORTED for the Ashland Union.1
JUDGE GEDDEs, CHARGE TO THE
GRAND JURY.
G~enlle,me. Of lhs Grand Jnry:

a more important service, or to discharge
a more important trust, than that of
Grand Juror. To you as conservators
of the peace of the County, and as guar
dams of the morals of community, is en-
trusted. the duty of protecting the in
nocent from accusation, and the care of
discovering and bringing to trial all Of
tenders guilty of violence, outrage and
crime. Centuries of experience have
proven you to be Indispensable to the
correct administration of the criminal
law.
Tho duties, however, imposed, are by
no means as complicated and intricate
as they are important. The first step in
your inquiries will lead you to ascertain
whether a given state of facts consti-
tute an i~nfraction of the criminal law.
And here, fortunately for the interests of
mankind, you are not left without rule
or guide, to resolve this question by au
appeal to your own sense of right and
Justice, however accurate and reliable
that may be. In endeavoring to aser-
tain whether certain acts and conduct
are criminal, you need only refer to what
our own legislature has declared to be
such. In England, and in many of our
States, the common law $50 called in con
tradistinction to statute law prevails.
and various acts are there made criminal
which have never been declared SO by
any express legislative enactment. On
this subject we have certainly followed
the dictates of qcisdom, justice, and hu-
manity, and have never adopted the
criminal part of the common law but
have expressly defined what shall be
criminal. From the very fact that We
adopt the maxim that ignorance of the
law excuses no man, we should afford ev-
cry practicable opportunity to all men
to know what the law is. Now it would
shock every mans sense of justice, if a
citizen should be indicted and punished
for the commission of certain acts made
criminal by a retro. active law, that is to
say by an act of our State Legislature
which was framed after the acts complain
ed of were committed. Even the possibil
ty of such injustice is provided against by
our national and State Constitutions.
If we should recognize and adopt the
criminal part of the common law, the
principle would be the same. Justice
therefore evidently requires that all of
fences for which punishment can be in
1icted should be clearly, distinctly, and
accurately defined. Now, by a reference
to a few pages of our statute book, you
find clearly enumerated all the crimes
and offences of which you can take cog
nizance.
The oath prescribed by our statute,
and which you have just taken, is COM
prehensive, and if studied will be found
to contain nearly all the directions which
it is incumbent on me to submit to you.
You are swornSyou will observe, diligent
ly to inquire. How are you to inquire ?
By receiving and hearing only such evil
dence as would be competent on the tri-
al, and as shall be sent before you by the
prosecuting officer. You will diligently
inquire into the circumstances of each
and every charge made, and the credi-
bility of the witnesses who support it,
and from the whole to judge whether the
person accused is guilty. And here a
most important duty devolves upon your
intelligence, skill, and knowledge of men.
All witnesses brought before you may
not be voluntary, and hence some may
be found reluctant to give you informa-
ton, interested in suppresiDgs and con-
cealing facts, and determined to evade
your inquiries. If such a disposition is
evinced by any, let your skill and per-
extort the truth. On the
other hand, some witnesses may be found
aciZing, overforward, and anxious in
bringing forward charges, and in Civ
ing evidence to sustain them. Under all
you may find it impor-
tant, and conducive to the ends of
to ascertain if possible the mo-
tives, feelings, and interest of witnesses.
See whether they are prompted by a sim
cere and disinterested desire to promote
the public good, or by some indirectland
improper motive. These are c~onsidera-
lions which always properly 60 to the
of witnesses. When, howev-
er, these exists no reasonable doubt as
10 the truthfulness of testimony, even ex-
pres malice on the part of those who make
will not justify you in dis
a case. For the wicked, lawless,
and impriucipled, may be brought to
last punishment even by the use of
the malice of their fellow men. Much
care, however, is required in such
cases, than when the same duty devolves
upon unobtrusive, impartial men.
You are not controlled in your iuves.
legations by any technical rules of evil
but you should not receive evil
dence or examine witnesses sent, or
struggled before you by the accused, or
his friends, to exculpate himself, nor
should you seek evidence for that pur-