Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1861-01-11


evidence and the names Endorsed must cor
respond. On the trial the State can in.
;roduce no witnesses not examined before
The Grand Jury, nor the minutes Of whose
testimony is not taken unless three clear
lays notice before the trial be given to the
defendant. This makes it essential that
every material witness within your reach
should be sent for, examined and the min
utes Of his testimony taken. In the indorse-
ment of the names of the witnesses on the
Indictment my experience has shown the
necessity of accuracy and care The chris
tan and surname should be Endorsed in
full and accurately. Inattention and want
Of caution in this regard have frequently re-
suited in failure Of justice. You will,
therefore, allow me to recommend that each
witness should in the outset of his exam.
ination be required by you to state his name
you. Your other duties may be stated il
the language of the Statute. Code, Sect.
209, PIG, 2Il, 2l2, 213. +
No person, except the Grand Jury, nit
even The District Attorney or the bailif,
must be present when the question is takN
upon the finding of an indictment. Yor
proceedings must be kept secret both by yin
aud yoSr officers. A violation of this dug
is itself an indictable offense. The reasons 81
this are so obvious and the duty 60 plan
that need not dwell upon them.
tbs quite unnecessary, am sure, to uEe
you to discharge your duties with all pro-
ticable dispatch consistent with their propr
aud faithful performance. The termsDf
Court are two short aud unfrequent in viw
of the amount Of business to allow any waite
Of time. As the law now stunds the DE- fed
ant of the bill found is entitled to one &y
on his arraignment, and to three clear dys
after plea filed, in which to prepare forhis
trial. 1t is desirable, therefore, that indct-
ments'should be returned unto Court a, as
early period Us possible.
Theeftect 0fthe provisions of the new Cale
to which have briefly alluded, is torequte
greater care and diligence than formerly.
both from the DISTRICT Attorney and til
Grand Jury. To bestow this, will re- uir,
somewhat more of time and attention. Oh
the whole, believe the changes which hay,
been made in this branch OF our jurisprudenc,
will prove salutary. Bills cannot hastily b,
found. False aud unfounded charges will b,
explained away in the grand jury room, in
stead of by the more expensive and tedious
process Of q trial in Court. No one can 90,
that the rights of the defendant are not fui.
~ respected. If there is error in the law, il
is on the safe side. tits too indugent, rattle,
than severe. The defendant is fully advised
prior to his trial, not only Of the names Of
every witness who can be produced against
him, but also % the substance OF his ,estimo
ny. He has thus an opportunity, it innocent
of explaining away the net work of saspi
cious circumstances In which innocense il
sometimes enioiled.
II on the other hand it is apparent tl,a1
the accused lie so situated that he could
account for the suspicious circumstances
consistently with his innocence, and he fails
to do so, the trial by jury, with much more
appropriateness than formerly, may well
conclude that She proof, il produced, instead
.otrebutting, would tend tn sustain tile charge.
The new provisions, it is true give the
prisoner better opportunities then before f,r
succe ully fabrcating n false defense.
But to impose sham deens. upon a
Court or jury, supported by false ,es imony
is difliculs, and indeed alm st irnpo sible. -
Care and increased vigilance, Will, generally
1t not aiway', insure Us against dangers OF
this sort. Changes OF Ike kind Ina here
tofore been found TO work We'll. II is coE-
siderahly less than two hu.dred years since
in that enlightened and free coua,r,, from
which we derive the great body OF our iu-
risprudence, the culpri, WAS denied a copy
OF even sight of his indictment
s'Often," says Macaulay (tIstory of EGG
land, vol. 4, p. 49, IAN unhappy prisoner
bad not knoton of what he was accus ed ill
he had held up his hand at the bar. The
crime imputed to him might be Putting to
shoot the King: it might be plotting to
poison the King. The more innocent the
defendant was, the less likely he was TO guess
the nature OF the charge on which lie was
to be tried and how could he have eviden &c
ready to rebut charge, the nature OF which
he could not guess9 TIE Government lad
power to compe' the attendance of witnesses.
The prisoner had no such power. II ..i tines es
voluntarily came forward to speak in his
favor, they could not be sworn. Their tes-
iimOny therefore made less impression on a
jury, than the testimony Of the WITNESSES
for the pre- secltion, whose veracity was
guaranteed by lie most solemn sanctions of
law and Of religion.
"The juries carefully selected by Sheriffs
whom tie Crown had named re ,nen ami
mated by the fiercest parry spirit, and who
had as little tenderness for political Offend
sr as for mad Dig. THIS government was
served by band of able, experienced and
lnprincipled lawyers, VIII could BIZ merely
y!anciag over br;ef, distinguish every W. ak
md every strong poiGf in case, Who's flow
~ yuO yh.p 4
'assed their lives in dressing up the worse
easoH to MAKE it appear the better. The
defendant was not entitled to counsel and |
hough he had never uttered word in pub |
ic, was left to defend hims elf, a. best he !
ould against the learD and callous profess |
ional giadiators."
Every vesiige of this monstrous system
las long since been swept away, and the
argest privileges secured to the prisoner.
Nth the happiest results. I am willing to
ee whether The enlsp ed privileges and ad-
itional rights now, for the arst sitlascon-
FRED upon accused perso Is, in this State,
re not wholly consistent with the lighes;
sgard for the public good, anf' proper
nd An enlightened administration Of our
riininal Code. /
No EXPLANATION WANTsp. = The friends of
'cession give che most effectual answer to
lose who clamor for some new manifesto
ON MIR. Lincoln. They openly declare
at anything that he could say would do no
'od. Tho Hon. Henry W. billiard, of !
labama, lately Rell-and Everett man, SUD,
'rting "the Constitution, the Union, and
Q enforcement of the Laws writes as ,
lows to Mr. Belmont and othara af t.