The daily Butte record., 1858-04-21
Charge Of Judge Wells TO the Grand
GEsTLsnES OF rnE GaIxp JuRy.

You, by the mode specified by the statutes of oar
State, have beep convened before this Court, to
serve as the grand inquest for the nquirng into,
ana prefer report, by presentnsnt indictment, OF
all transgressions Of our criminal code within the
jurisdiction OF this court, the District Court OF
this county. Upon you now devolves no mean or
unimportant duty. In your position, you are look
ed to by the community Of your county, and to
some extent Of the entire State, for the full and
faithful performance Of tho,e labors made pecul-
iarly yours under the provisions Of that portion Of
our Practice Act prescribing the powers and duties
Of the Grand Jury" To those provisions and your |
official oaths, the Court calls your attention. as the
best guides to the efficient and satisfactory dis
charge of yur duties, conscientious determine
ton to be faithful to the obligations Of the law. il
the most sacred talisman which recommend |
TO your candid consideration.
To discharge the duties Of Grand Jury, and Of
ind Ydual Grand Jurors, in older and more perma-
nently settled States of the Union, is but light
task, when compared with what it is in California
This Is attributable to several causes some of which
| IL may be profitable for us to notice
| California Is populated by representation OF
perhaps, more nations and tongues, than any other
state Of the eonfederaey These are people who
have been accustomed to every grade and character
of government, from the most despotic and liberal,
to the most free enlightened and noble. Again, the
manners, customs, etuc Iton, mode ofthinking, &c.
| of men in California, are as various the world
can BY any possible means present. And again,
California being known as the Garden OF the world.
| In point OF mineral resources, men have crowded
here to get money, TO accumulate wealth. and we
sorry to say that, thousands came to make mon
ey, honestly II they could but IL not, to make mon
ey; and too many by far, came determined to make
themselves wealthy at all hazards, won at the sac
riGce OF everything else.
The fore DING facts, and the fact that great
jority of the population of California as yet II
transient and the fact that heretofore, and almost
until the present time, we'll digesed and settled
criminal practice has existed Ia the state, render it
apparent TO you that the legitimate duties required
| of you are, indeed arduous.
But gentlemen, our laws impose upon you and
require of you, no impossibilites. Your duties as
far the statute is concerned, are made plain and
your patient determination to see the laws Of the
land properly enforced, crime punished, vice sup.
pressed and virtue sustained, more than your mental
ability to unde rstand the law, is taxed while you
| sit a. the guardians of the pubic peace and the
dignity of the state. But we doubt not you are,
each and all of you, fully capable of combating
every improper influence 81 frequently nterposed in
California, between the juror and his duty, and Of
laying before the world at least one instance of a
California Jury having done its whole duty and
| nothing but its duty.
Man as much AZ any one component part of the
grand whole of creation, is subject of laws aud
government. Thes laws are various in their nature;
and one class "a necessary to his well being as any
other is that which provides for the civil govern
ment OF our race. In order to make the govern
meut equal and reciprocal, the same restrictions are
placed upon every citizen, the same liberties are
guaranteed and the same redress is given to each,
for any wrong injury he may suffer aud all wrong
doors are punished alike But in order that the
Court aud trial Jury may pass upon the guilt of
cused individuals in most instances, IL Is made alb
solutely necessary that presentment Indictment
should be found by Grand Jury, specifying the
name, it, known, Of the accused, the name and ma
ture of The crime offence committed, the late OF
il comm ssiou when q necessary Ingredient OF an
indictment under the law, the place of its commits
ion and the fact that II was done unlaw'ully, will
fully aud against the peace and dignity of the peO-
pie of this State. You will bear in mind that in
dctment can be found unless concurred in twelve OF
your number aud that when so found, it must be
signed by your Foreman, and also by the district
Attorney, must have placed at its foot endorsed
thereon, the names OF all witnesses, where oral or
written testimony has been taken and must be en-
a.
be signed by your Foreman in his capacity as such
You will have the presence aud advice OF the Dis
trict Attorney. wEentver neeced aud with his as
sstance, and the law in regard to your powers and
duties. youoan scarcely fail to place your indict-
mon;s befors the Coutt Ia proper shape for trial -
You may hnd it proper to make some PIE continents
This is done by the concurrence of not less than
twelve of your body stating the facts Of the case in
n written instrument, signed by Your Foreman Off
cially. All present ncnts and Indictments uIuSt be
presented by your Foreman, in the presence OF the
jurors who part cipatci in finding them TO tho court
when in session.
| You will select from among your nrrnber, your
| own secretary, Fix your hours of meeting and adj
burning. and appoint from your body such com
mittees The proper and efficient discharge Of your
duties may dictate should be apaointet Your de-
iberatioLs to be valid must be strictly private,
one to be present at any time except a witness
der oath aiministerei by your Foreman, or the Dis
trict Attorney for advice What Is done by you
when IN session, and how any juror votes upon any
matter before you, should be matters tof profound
secresy with all of you and that juror who will
far forget his oath, and the demands of the law as
to violate this instruction. is deserving of the
tempt and exeeraton of all good citizens
| You also have right to, aud can require the
presence and testimony or advice of the Court or
any member OF it, at any time when you may deem
| il necessary and you can have access to- or have
brought before you, any and all records, books
counts and vouchers of any aud all county officers
and may require the eustodians OF them to be-
fore you to answer, or explain as to any entries
therein, or the eorrectLess thereof
You should also visit aud examine the county
Prison and Hospital, and report their respective
conditions and any change, repairs, additions,
you may deem necessary for health, com ort. coa-
venience or peeuniary economy. And, : in aud
from these. arise the heavier portion Of the expense
OF our county government, you are charged to be
rigid In your examinations aud candid and careful
in your recomme ndations if any you make that the
interests which you represent may not suffer from
lack of proper attention aud Investigation, hasty
aud unsound conclusions aud recommendations on
your part
All oaths or afiimations to witnesses must be ai-
ministerial by youe Foreman You must receive no
evidence, bat that OF competent witnesses, under
oath or soem affirmation, dispositions of com peteut
witnesses taken in due form of law, and document.
airy evidences and should you doubt at any time, as
to the legality of any evidence offered you can call
to your advice tho District Attorney. Evidence of
the best degree also, should be taken by YOU to the
exclusion OF inferior heresay secondary evidence
You are not bound (nor Is il expected of you'll to
hear evidence on behalf a defendant, yet you NAV
legally do So when you reasc nably and morally
convinced that by SO doing you would prevent the
accused The odium of an Improper presentment or
Indictment and the people the expense of useless
trial But this discretion given you by the statute
should be exercised, If at all, With great caution and
prudence.
The statutes determine who are competent wit
nesses. tsee Woods Pig Cal. Stat p $500 The
statutes also define who capable Of committing
crimes. (See Woods Dig. Cal Stat p Ssa) Also,
who are accessories before and after the fact
aud the measure of their punishment (See Wood :
Dig. Cal Stat PIGS. 3s9 500 The statute also is-
fines what acts and omissions are crimes and nuu-
ishable as such and also fixes the punishm mt of
each Kind Of offence against the law. To some of
those most likely to he acted upon by you the court
will call your attention. by reading the Law 10
you, as found in our statute.
Here the Court read the statute defining crimes,
and afixing punishmentS thectcl
From the la~ 6rst read, you will at once perceivv
that In fixing the nature AMI amount of the punish
meut of crimes ii has not bu or at least il should
r.aAa 49, ia, Lao