Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1861-09-07

or malice, you will present violstom a
the law. 1t may b your stern dutv -
enquire into the cnoduct Official or b..
sonal, Of men Of wealth, Of stasd!r-
and influence, To scare your M,
pendence, the 1saa0 Of the Gnnd 81.
~ room are eaered b private, aud {.
one Of your nsmbee MY tell Of yo.r
individual vots Of asofon. Such aretSs
guards thrown aroana the Grand II.
ross 70 secure conscientious, impartial
and independent execution of the DEL.
cate duties which the law imposes una
your body. That part of your osah
" You shall present no person thrcsei
hatred or malice; neither will yos
leave any person unpresented thrussA
fear, favor, affection az reward, ord
hope thereof" is sufficiently full, raip
and explicit without . word from ~
Court. It means simply that you -
be like the lsw itssaf dealing OF esCe,
handed privileges to oil, being no Il
spector Of persons, knowing no rich COR
poor, no naughty nor bamb,s, - hisA
nor low. no friend nor enemy, but q
alike entitled to its immuHities aud pro.
lection. s-T uuisg 1r
1t is made the especial duty Of The
Cont to cali your attention to chapter
XVI. Of tie revised criminal code fouud
upon pages 1874 Of the pamphlet
laws Of session 1859-60, and partic..
larry to sections 191 to POI inclusive.
BY reference to these sections you will
see what are your powers aud piyil.
egcs, and the prescribed method for the
transaction Of your business. Your
foreman is authorized to administer
oaths to the witnesses to be examined
before You in Territorial cases. In
United States cases, however, witnesses
must be subpenaed by the Clerk Of the
Court and sworn in open court by ih
Clerk before they give testimony.
1t is the duty Of the Court-and Is.
sure you it will be its plsasure-to give
any advice or council that will aid you
in your deliberations, at alltimes during
your session. You are entitled to the
in Territorial cases, Of the
Prosecuting Attorney, and in cases in
violation Of the laws of the
United States, the U. s. District Attor-
ney, and it is in your province to have
those officers, if you desire it, to cor
duct the examination of witnesses sum.
moned to appear before you. IA
By section 1875, as well as by the oath
you have taken, you will perceive that
you have two-fold duty to perform.
In the first place, you will enquire as to
offences against tho laws of the United
States. Hitherto these offences have
been confined to violation Of tho acts
of Congress known as laws governing
the trade with Indians. The attention
of the Court has been called to the ef.
feet which the negotiation Of treaties
extinguishing Indian titles to the soil
Of Washington Territory has had in re-
gard to the operation of this law. The
Court is not prepared to pass upon this
question, nor does it deem it essential,
and will instruct you at this time TINT
the Supreme Court of the Territory, in
the case of Patrick Fowler ps. the U. s..
at it's December term in 1854, and still
and binding to all intents
and purposes upon this Court, held in
regard to this class Of cases that the 5th
section Of the act of June 9Th. 1850, aus
the negotiation Of treaties
with the Indian tribes in Oregon and
for other purposes that the intercourse
laws were extended over Oregon, then
including this Territory, aud that those
laws appertain to the condition Of the
Indian tribes within the Territory Of
Washington. You will, therefore, for
the purposes of this act consider the
Second Judicial District in Indian ter
ritory. / will call your attention 10
those laws. Your easiest reference
will be to. Brightley. 3 Digest of U. 8.
sec. 20 to 81 Pages, 40 to 4N
in such cases, and AZ an, exception 70
the law Of our Territory, touching the
competency ofwitnessee, you will ind
that Indian testimony 10 admissible To-
find and support 90 Indictment. You
must he the Judges of'the safleieney Of
testimony, but the Court, DESTROYS q
saving time end sxpenss to the Govern.
meet, will sukgssf - 8 safe rule ~
Indian testimony unaccompanied y
corroborztive white evidences, o. strong
circumstantisl proof Of guilt, = |"
clouded with doubk that L would y
hardly proper to indiet rpon Il s!oae
Jules you have good rea1ea 10 beIes;
that such evidsnce a. ejseumsta.e's:
psosf aa - lsoasssd - TIE t1sa. q
tie oGsaisn Yea - - boss1 =
hsar tsseaos.y r. Asse 49, $780,