, 1860-03-23

=
FAILED TO CoSvICr.--The policy Of the recent
course Of the grand jury sitting for the I'd Judicial
district in finding bills Of indictment against mum,
Der of our very best and most law-abdug citizens-
men against whose characters there had never been
word Of reproach --simply because they, in common
with nnetenths Of the citizens of the Territory oc
casonaIly anuse themselve3 at the game Of cards,
seems 70 be questioned by the bss. and most intel
gent class Of our community. What could have in.
duced an impartial grand jury to have singled out
fec individuals guilty Of offences r offences atall)
of which scarcely any man would hesitate to pro.
nounce himself as guilty is a matter traly subject
Of astonshment 70 us. Cardplaying is preeminently
the national American amusement II is source Of in.
nocent enj jgment in the family circle as well as in
places of mbrc public retreat Nor Il BY any means
unusual hdt small stake placed upon the result of
the game Ar instance, an oyster supper, cigars ap.
pies and even the price Of the social gasseare made
dependent upon the result. This custom we know, is
no more genera or common upon the Pacific coast
than to the pelhe Of other portions Of the Union
Yet the grand jury lately IN session here decided that
such practices came in conflict with the act Of the
Legislature for the suppression Of gambling! and
found some indictments for violations Of this act
We believe our community are just about as moral as
any other; despise the gambler with as much lOathHg
and entertain for such characters about az supreme
contempt people the most religions nclinedyl yet
we never heretofore believed that there we're any 30
straightaced in midst as 10 believe all innocent
and rational amusement to be sinful, or all playing
with cards to be gambling.
The trial Of two Of the indicted parties tame on on
Monday last. One Of them was instantly discharged
by the petit jury for want Of evidence to sustain tht
Indictment and in the other the jury failed TO agree
On the following day the same cause was tried before
jury, with the same result there being nine foi
acquttal to tgo for conviction the cause having beer
tried before Jury Of eleven, 1t being utterly mpossi
bic to obtain Twelfth competent person. The prose
cutting attorney, Mr.. B. P. ANDERSON, then very
properly entered nOle prosequi in all the other cases
and thus saved to the county heavy expense in pros
ecuting cases based upon the most frivolous prcext.
imaginable.
| How wonderfully do mems views of law and pro
prieiy differ In one section Of the Union we hear o.
men praying for the success Of treason political re
ligious fanatics canonizing saint and adoripg th,
memory Of John Brown. Out here an innoccnt gam,
of cards IS tortured into offence against the laws
We would not, however, be under.tood as intendin,
10 cast the IthSt reHectloh upon any member OF TIT
grand jury On tie contrary, from the stringent
charge Of the court to tiat body we cannot see how
they could possibly have avoided it, and our only won
der Is that they stopped where they did, Il would b.
well, however for all Judicial dcliberatige bodies ii
future To keep common sense constantly in view, il
the application of law to the daily affairs Of life
few grains Of common tense will materially help t.
constrne law properly. It Is neither right nor prope
to eonstrue it literally at all times and on all occa
sions.