Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1862-12-06

comfort, multiplied and fragrant vices, tend
ing to debauch the public morals, and the
like. In such cases your presentation is
against the subject or thing and not against
individuals
You may also present of your own kDowl.
edge any offence committed by any person
within the County; in which case the Court
will direct an Indictment to be preferred
and witnesses summoned for the purpose
of furnishing all the evidence upon the
subject within our power. In making
such q prcsentmeut however the knowl-
edge which induces it should be possessed
by twelve of your number.
But in reference to this mode of pro.
ceeding, as 1t denies the accused the bene-
fit OF preliminary hearing prevents him
from demanding the endorsement of the
name OF the prosecutor on the indictment
before he pleads, and takes away all rem
edies for malicious prosecution, no matter
how unfounded the accusation on final
hearing may prove to be, we are OF opin-
ion that it should bere sorted 10 only when
public justice cannot be attained in any
other way.
A previous binding over by magis.
trato is the ordinary mode of procedure,
its equal and exact justice to aecuser and
accused, renders it of almost uni versal APP
plication in Criminal Courts and makes it
unwise % depart from it except under spc.
cial circumstances of pressing emergency.
Examination of cases, laid before you
are to be expartc You will examine onl y
the witnesses adduced on behalf OF the
Commonwealth whose names will be en-,
dor5od upon the back Of the indictment and
you will examine ali Of these before you
ignore the bill.
You are not to determine the merits of
the cause, but it is your duty to satisfy
your minds by diligcnt inquiry, that there
are probable grounds for accusation before
you give it your authority an call upon the
defendant for public defence.
In the discharge of this duty Fear, Fa-.
your. and Affection, Malice and III VIII,
arc to be entirely bani,hed from your
breasts, and Truth and Justice are alone
to control your action.
1t is necessary that at least twelve OF
your number should agree to the finding of
a true bill. When found the foreman will
endorse it "a true bll' and signit as fore
man. Should you determine against find
ing it true bill it will be endorsed " no
bin or " Ignoramus and signed by the
foreman.
In cases where the offcncci is charged in
The indictment to have been feloniously
done you have nothing to say in regard TO
costs. But in all other cases returned "Ig-
noramus," it is your duty to determine,
whether the county or the prosecutor shall
pay the costs, and ifput upon the prose-
cutor you are 10 name him i'll writing sign
ed as before stated.
The IN unction contained iu the oath
which you have taken, 'to keep secret the
Commonwealth counsel, your fellows and
your own, includes all that passes before
your body, as well the accusations made,
as the names of the witnesses and the tes
timony which they may give. The object
of this conccalment is to guard aga nst the
excitement which such disclosures might
produce and to prevent the exposure Of
the witness to being tampcred with or
menaced by the party accused. But if the
purposes of public justice require that
such testimony be disclosed, then it is jus.
tiiabe to do so. If witnc in his testi
mony upon the trial varies from that which
he gave before the Grand Jury, public
justice demands the exposure by members
of that body. In no other respect is there
qualification to the oath of sccresy.