The weekly Butte record., 1858-10-23
Associate Justice Berry's Charge to the
Grand Jury.

The oath which you have Just taken, directs
you pontedly to the duties You have to perform as
Grand Jurors, of the present Term of this Court,
and it only remains with the Court to direct you as
to the manner of performing those duties.
You will find gentlemen the law regulating the
manner in which your deliberations shall be con-
Quoted, and your duties performed, embraced in an
"act to regulate proceedings in criminal cases.
Woods Digest, page 28l; Articles l495 to 1888 both
inclusive. The court would especially call your at
tention to Sections 2002lO and 2l2 of said act in
reference to the kind of evidence which will war
rant you in finding an indictment.
Your attention is also directed to section 2ll of
same act by which you will see that it is within
your discretion, when charge is made before you,
# you have reason to believe that there is evidence
on the part of the defence to explain away the
charge, to order such evidence to be brought
before you and it is earnestly desired by the court
that you use that discretion literally for whilst it
is amongst your duties to ferret out crime, you are
at the same time. to extent, the guardians of
the public interest, and it must be apparent to you
all that indictments found on the evidence OF pros
ecutlng witnesses alone, when the same might be
explained away by the introduction of evidence for
the defence, will only entail upon the county an
You are also referred to section ZIG OF same act,
which authorizes you to call upon the District At
torney and any member of the court at all seasona
BILE times for their advice, which right 1t Is also
hoped you will freely exercise.
Gentlemen, your oath requires you to diligently
inquire into and true presenment make Of all Offen
ses against the people of this State, committed or
triabe within your county On page 800, Woods
Digest under the head of 'an act concerning crimes
and punshmentS,' and from article 1869 to article
20l5, both inclusive you viii find the general laws
defining what acts or commissions are oiienseS
against the laws of this State. There are also some
other special laws concerning crimes and punish
ments, to some of which Will refer you, follows:
Woods Digest, page 472, "an act to prohibit ga
ming Woods Digest, page 4s5, "an act t. sup
press hOnses of ill-fame:n Wood Digest page 562
act to prevent eXtor.ion in Office and to inf0rce
official duty also, Woods Digest, page $50, reve
act especially, article of said act on page 630
Woods Digest.
By reference to "an act concerning courts Of ins-
tice," page l55, Woods Digest, yon viii ascertain
that of the different ofenses enumerated in the laws
to which have referred you that the crime of
sault and battery not charged to have been commit
teduEon public officer in the discharge of his da-
ties Petit Larceny and all misdemeanors punish
able by fine not exceeding five hundred dollars or
Imprisonment in the county jail not exceed
ing six nonths, are within the jurisdiction of JUS
tees COurt. to try and dispose of finally; at the
same time the Court of Sessions have concurrent
jurisdiction of the same Offences
And now, gentlemen Of the Jury, I come to a
matter which wish to submit to your candid dcib-
Grafton all offences prosecuted III this court have
to be prosecuted by accusation in the form of
indictment found by your body, a. The basis of the
action, and whilst yoa may sit for hours and evea
days in summoning evidence before you when YOU
have found sufficient to warrant an Indictment. you
have only then accused the defendant of the Of
fence, and you may have entaed upon the county
an expense of fifty or one hundred dollars. BY the
provisions Of the law in prosecuting those offences
in Justices Courts which they have final juris-
dlction the only proceeding necessary for the COM
mencement OF the action is for the prosecuting wit
ness to 60 before a Magistrate and lodge com
plant, and lot the Justice take his dispositions in
writing as to the facts of the case, which, when
done, if those facts constitute canse of action the
deiendent is as efiectualy accused as he would be
were your body to spend whole day in summon
ing evidence and finding an indictment against
him and farther, after an indictment has been
found and brought into this court, vet heavier ex-
pense is entailed upon the county in trying the
same by this court, which must under the law try
all cases by jury of twelve men, who being under
pay, together with two Associate Justices, Clerk
and Sheriff. also under pay makes in the aggre-
gate quite considerable the cessary costs
of this court Whilst in Justices Court those
offences are frequently tried under the law by the
Justice or by number of trial jurors, less than
twelve, at very Insignificant expense to the coun-
ty as conrasted with trying them in this court 1t
Is therefore hoped that you refer those wishing to
make complaint Of offences triable in Justices
Courts, unless they should appear to be of very
/ aggravated character, directly to these courts,
Where the matter may be speedily disposed of, and
II the prosecution should fall with but light ex-
pense to the county.
Gentlemen, it is within your province to examine
the JAIL hospital and public institutions of the coun-
ty, and to ascertain and report their condition. 1t
Is also within your province to give a searching in
yeslgaton into the financial affairs of the county
also into the conduct of all our financial agents of
every character.
The sheriff will now find you with suitable room
for your deberation, and you will report from time
to time to the court as you fit, fixing on your
/ own time for meeting and adjournment according
I to your own convenience and the dispatch OF bus-
ness.