North Branch democrat. [volume] (Tunkhannock, Pa.) 1854-1867, 1863-01-28

| ignominous grave. The deep interest which
society has for the young, has induced the
Legislature to pass stringent laws for the
protection of their habits and mofars. When
ever the wickedness or cupidity Of any man
leads him to violate such laws knowingly, his
case should receive the special notice OF your
body.
But we have not the time norsthe inclina
ton to enumerate all the offences which de-
mand your attention. The District Attor
ney will, if necessary, explain to you the law
of each case as it comes before you; and the
Court will give you special instructions when
ever requested.
All bills ofindictment will be signed by the
District Attorney, and your chief business
will be to inquire of such offences as may be
brought before you. Without an Indictment
first laid before you, you have the right, and
it is your dnty to act upon and present such
offences as are of public notoriety, and with
in your knowledge, or such as are given you
in charge by the court. Such as general
public nuisances, affecting the public health
and comfort, multiplied and tlagrant vices,
tending to dpbauch the public morals, culpa-
BILE omissions Of officers in the discharge of
public duties, or fragrant abuses of power and
public trusts, In such cases your presenta.
tion is against the subject or thing and not
against individuals.
You may also present. of your own know
ledge, any offence committed by any person
within the county, IN which case the court
will direct an indictment to be prepared, and
witnesses summoned for the purpose Of fur
nishing all The evidence upon tie subject with
IN onrp,wer. In making such presentmen,,
however, the knowledge which induces it
should be possessed by twelve of your num-
Der.
But in reference to this mode Of proceed
ing, as it denies the accused the benefit of a
preliminary hearing, prevents him from de-
manding ;he endorsement Of the name of the
prosecutor on the indictment before he pleads,
and takes away all remedies for malicious
prosecution, no matter how unfuunded the
accusation on final hearing may prove to be,
We are of opinion that it should be resorted
to only when public justice cannot be at
tained in any other way.
a previous binding over by a magistrate.
is the ordinary mode of procedure; it's equal
exact justice to accusor and accused renders
1t of almost universal application in criminal
court and makes it unwIse to depart from it,
except under special circumstances of press
ing emergency"
Examinations of cases laid before YOU are
TO be eTparte. You will examine only the
witnesses adduced on behalf of the common
wealth whose names will be endorsed upon
the back of the indictment, and you will ex-
anime all 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
mind by diligent inquiry that these are prob
able grounds for accusation, before you give
it your authority and call upon the defend
ent for a public defence.
In the discharge Of this duty, fear. favor
and affection, envy, hatred and i'll will.
should be entirely banishcd from your heart
AID truth and justice alone control your ac-
tions.
1t is necessary that al least twelve of your
number should agree to the finding Of true
bll, when found the foreman will endorse
it g as true BILL" and sign it as foreman
Should you determine against finding it a
true bill, it will be endorsed . no bill" or Ig-
noramus and signed by the foreman.
In cases where the offence 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 'gnoramls'
it is your duty to determine, whether the
County, or the prosecutor shall pay the cost.
And if put upon the prosecutor you will
name him in your finding.
The injunction contained In the oath which
you have taken, to keep secret the Common
wealths counsel, your fellows and your own
includea all that passes before your body, as
well the accusations made as the names of
the witnesses and the testimony which they
may give. The object of this conceaIment is
to guard against the excitement which dis
closure might produce, and to prevent the
exposure of witnesses to being tampered
with or menaced oy the party accused. But
if the purpose of public justice requires that
such testimony be disclosed, it is then just
fable 10 do so. IF witness in his tcslimo-
ny 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 a quafi-
cation to the oath of secrecy
Court Proceedings
Ihn .IanIrar,, fnr nf li.,nrt in ir