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

this term VI the Court | recognise among
( you citizens distinguished for integrity and up
/ rightness Of character, In whose hands ! am
confident the public interests and welfare will
be carefully guarded.
The Grand Jury system j. wise and con
seryatve one, originating al a time when the
Government Of our mother country were exer-
/ cisDg an unjust and tyrannical power over the
people when oppression run riot in her sway.
The subject, as an only recourse, sought an
appeal to the Judgment Of hispe for pro.
lection. II was introduced into our free and
/ enlig community. although no such rea-
son existed. but the same impulses that wruDg
from al overbearing and aristocrstic power this
wise system influenced il, adoption, protection
+ 10 the citizens and the enforcement Of Just and
wholesome laws, where the great benefits aud
results that were designed to follow.
II may bee me, gentlemen, q dangerous
power, subyertiye OF public and private lber'
~ The -ecresy with which the law invests
your proceedings The high prerogatives with
which You are endowed by designing and will
full persons, may become prOstituted, and per
sonai malice may scek It's gratitc alton. As the
protectors Of life, liberty. and property, you
viii readily appreciate the responsibility and
/ importance OF your position. You have cogni-
lance Of, and Il is your duty. under the statute,
to enquire into all public offences committed,
or trabe in thi, county. And, although all Grim.
inal cases shall be tried. a. general rule, in
the county where the offence was committed,
the statute has made exception, 10 some OF
which will briefly call your attention.
Offences committed on the boundary lines of
two counties, or within one hundred rod OF the
lines dividing them, may be alleged in the in
dictment To have been committed, AMI may he
prosecuted aud punished IN either OF them
our juri-d.cti therefore extends loo rods
beyond the boundary lines Of the county Of
Ramsey.
Again. II a mortal wound shall be given. OF
other violence or .niqrv hail be inticte1 81
any poison administered "a one county. by
means of which death shall result, in another
county. the offence may be prosecuted aal pun.
shed IN either county.
80 IL death shall ensnc IN any county in hi.
Territory, from mortal wouad, or other VIC
iencc or injury done. or poison administered,
without the limit, Of the Territory. the offence
may be prosecuted aud punished In the county
where such death may happen.
Every person who shall be aiding IN the com.
mission Of a felony, OF who shall be accessory
thereto before the fact, may be indicted, tried
and punished in the same county where the
principal felon 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 sccessof. or
in the county where such principa, iei0a shall
have been committed.
You are not bound, gentlemen, to hear esi.
dence for the defendant, but if during the exam.
nation Of an offence you have reason 70 believe
that other evidence within your reach viii cX.
plain away the charge, Il * your duty to pro.
cure such testimony and to see tina, the District
Attorney brings such witnesses before you, and
only find an indictment when yOp become lat.
-tied from all TIA. testimony before YOU that uu.
cOntradictcd or unexplained such testimony
would warrant a conviction.
Thi, is made your duty BY statue, and chang
ed the rule of the common law. that no evidence
should be heard by you excuipat0r Of the de-.
PENDANT. The policy Of allowing you 10 hear
explanatory evidence Is certainly wise one
and assists not only IN enforcing the laws ami
bringing the offender. TO punishment. bn. pro-
tects the innocent from accusation. The char
acter Of an individual suaer, 10 certain Xtent
when an indictment has been ioun AZ ainst him
although no conviction ever results There Is
little satisfaction IN beng merely released up.
on the trial of a charge preferred, when the "a
cusation was unfounded in fact, and brought
about perhaps, through tn. maliynitv OF enc
mics seeking personal revenge. The statue
therefore, has lberallv and through . spirit of
wise public policy Protected tie character Of
the individual and prevented il from being tar.
nlshed by an unjust suspicion Of crime.
| am required by law % read 20 you the chap.
ter, defining your duties and powers, and the
manner of conducting your proceedings. see
II. J., chapter llj.
ia In Jail A prisoner, committed for the crime
of murder, which will come before yon daring
your sitting. IL /. proper i1r me. gentlemen.
to explain to YOU the difference between muir.
der and granddaughter. ani eXcusabe or justin.
able homicide, and 10 give YOU the principles
which should govern you IN arriving at a inst
and legal result. Murder il the wiful killing
any person Of malice st0iethought, expressed
or implied When there j, a pycmeiita,ed
design to enec, the death - person killed
the malice is expressed. This. by ON statute,
ia murder in the first degree, AMI punished
by death. Malice j. implied when III. killing
perpetrated by any Irt mu neatly danger.
Qua To others. and eNiur!ng a depraysl mini.
regardless of human lie. III, NAV he ~ our
statute murder in thu second or third degree.
and punished by imprisonment ~ the Territorial!
prison.
4" The killing OF per-oa NIiiny or tnrough
gross negligence. without malice. s'ore,hnugh,,
/. mauslaughter.
The kiiiag OF a person rrsutnx from nsces.
sity. may he either eScusshle OF lgstlhsbe--if
from accident srcusab,- hUt when done TO pre-
vent the overthrow Of pubic Justice il is just,.
fdhs.
When the fact Of killing {. proved u order TO
briny the offence below the CRIME ct murder il
- necessary that the party charged shogli show
satisfactory by testimony that some necessity
or circ umstauces Of accident, excited. or that
the offence wa committed through infifn'y Of
mind.
Although the act which broa,h' abou, the
death Of an individual was 1rlsw'ui. still f'here
was no express or implied malice. the killing .
not murder but maRsiAugh;sr. RIi no insul,
however greyious or contsapt1oas. without an
Assault upon the person. can bring thr killing Of
aperson with a dangerou, Weapon below the
crime Of murder.
In defence Of one person. force iaaT 10 used
by an individual sgains, ANY one who either by
violence or surprise attempts 20 IL HIM and
Il Is not obligatory upon aiui 30 retreat from an
adversary under such citcnm~iAuces bu, he
may follow him mp until h. persona, safety d.
secured. should he XII him unier ,uch eli.
cumstancss. III. y.aitab' byric,se Brt ,here
must he setua dagger a. she tine ,3me over,
act, showing the intention 10 H..
Fear. unaccompaRiei ~ az overt &c; ofv!s.
lence. ,r ANY act showing an intention to com.
nit death BY violence o. Others se WI, not sx.
,.usa the marty kiiiln-