Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-09-22
THH EVENING STAR.


names, when Judge r. proceeded 10 deliver
The charge was delivered the members of the
grand Jury not being pronpt in their attend
anes NJ the appointed hour-f0 O'Clock. A
quorum vas, however, at length obtained,
and The Judge delivered the folio wing:
CHARGE OF JUDGE Fisher.
Gentlemen of the Grand Jury:
You have be.n selected gentlemen, from the
be y OF the citizens OF this District 10 compose
is grand inquest tor me present session OF the
OF your int your Yaspectaoility and the
upright cha racter which you have ever lain
tanned in the community OF which you are
part From the day when the system OF in
anisiticn by grand juries was first in tituted
centuries ago by our torefathels in England
down 10 the present time, the people have al
ways expected them TO be called from among
the best men In the community from which
hey were chosen, and ] am quite sure tina
your selection gentlemen has not been an ex-
sspiion 20 the general rule.
The object in adopting the system OF grand
jurits WAS two-fold. On the one hand it was TO
guard with jealous care the interests and lib.
critics of the people by protecting them from
frivolous and malicious prosecutions: while on
the other it was intended to secure them from
the violence and outrage OF those wicked men
who unfortunately, are to be found even in
the best regulated communities, and who can
only be controlled and restrained from the
Submission of crime by the prompt, prudent
and impartial administration of justice From
hesu remarks, gentlemen, and from the oath
which You have taken, you will readily under
stand. that while you are solemnty bound tn
seek out those who have really offended against
tae law, you are not to listen 10 merely tri vial
and malicious accusations. You are no, to
inquire so much what you noy do because Won
have the power TO do 1t, bur ynn are carefully
10 inquire what yon can do and ought to do to
rrnrrn,o the pu bile good by the administration
OF substantial justice.
You are clothed with much power Won
should use il, not as a sword to persecute the
innocent. the ignorant, and the unwary, but as
. shield to defend society against vice AMI
crime, and wrong. doing in all it's forms 1t
will be your duty, gentlemen, to present All
notorious ofanscs, such as nuisancss riots
seditions and the like; and also such as are
given you in charge by the court or by the
prosecuting officer, as well as those cases
which have been sent up for your consider
alton by committing magistrate. In making
Your lnyestlg afions, You must diligently in
qnlre into all the circumstances OF thu charge
preferred. and also the credibiiity or the wit
nesses called 10 sustain it. And you will he
careful TO have no.fvTdence before You which
would not be admesiol at trial at the bar OF
the court. Iou must always req uire the very
best proof which can be obtained, and after
yon shall have finished your examination O,
the ties timony, you Will then consider whether
Sufficient ground has been laid to require the
accused TO be put upon his trial before the
petty jury. II then twelve of you agree that
such ground does exist, your foreman will en-
dorse the bill the words, ga True BiIl
ard sign his name IN der that endorsement II
twelve Of You do not agree, then the endorse
ment Will be "Ignoramus, = Ignored" or
mot Found" with the signature OF the fore.
man hereunder.
should You have any doubt as to the admis
seill'y Of any testimony submitted to YOU, YOU
Guild be relieved Of Your doubt by taking thu.
advice Of the Court. of the District Attornev
or OF his deputy. We shall each of us ALWAYS
be glad to give You any information you may
desire.
Il is proper that should define TO Won soua
OF he crimes which in the course OF your ssr.
called IN in,-
The first 10 which l will call your attention il
homicide, which, in its general signiticatiou
is simply the killing Of human being, and has
been very properly distinguished by the writers
on criminal law into Unsuitable, excusahla And
felonious homicide.
Unsuitable homicide is the killing of hu-
mar creature BY officer of the law in the
e ecution of public justice; as when he hangs
a criminal in strict conformity to iudicial
sentences; or for the advancement of puh,,c
Justice, as when an officer III the perfor nance
OF some other duty required Of HIM by the law
Il placed under such circum stance as to create
the necessity Of killing, the party assaultne
or resisting him in the discharge of his duty
OF when the homicide is committed by another
than public officer for the proven ion of q
fUrcible and atrocious crime. Hotni ida ia
excusable when the killing is from accident
or in self-defence.
In relation to accidental homicide howayar
it is 10 be observed that the accident or misad-
venture must always be one which occurs in
the doing OF lawful act; for if by accident
enterprise, kill another, the law will not hold
him guiltless of the blood of his fellow, but he
VIII be guilty OF murder or OF manslaughter
according 10 the nature OF the original uniaa
tul act in which he was engaged
Ecionious homicide 10 the killing or Amman
being without excuse or justification. and il
divided into manslaughter and murder The
principal difference between these two of
lenses consists IN the fact that in mausla ghar
the killing is the result OF hot or Sudden pas
sion, under great proyocation; or is the unin-
fenced consequence following upon the doing
OF an unlawful act.
Murder, on the other hand, is the wiIful and
deliberate act OF depraved and malignant
heart, desperately set upon mischief 1t NAV
be more accurately defined to be tn killing by
p rson OF sound mind, OF a human being with
q Dremeditated purpose, or malice afore-
thought, either expressed or implied in law.
The malice need not be directed toward the de.
ceased In particular; II is sufficient if there az
lists IN the heart OF the slayer at the time OF the
preparation OF the deed design to do a ma
Iguant and wicked act.
Mayhem is when one person violently de-
poses another OF the use OF any of his mem ers
las the eye, hand or foretooth, y which enables
him the better 10 defend himself or to annoy
his adversary when engaged in a fight
Rape is when a man has carnal fnovlsdoa
OF a woman against her will, or of a female
eiiid under ~ years OF age, either with or with.
ont her consent; and is one OF, the bassst
blacklist, and most detestible OF human crimes.
Arson is the wilfui and malicious burning Of
the dwelling OF another or OF an out.house
being part of or attached TO the CARTILAGE.
Burglary is defined 10 be the breaking and
entering OF the dwelling OF another in the night
time, or when there Is not suli Gent dawn he
gun, or twilight lingering to discover the ia "a
OF the burglar, with intent 70 commit q felony
whether the felony be committed or not
Forgery has been defined by Sir VIM. BLACK
stone TO be the fraudulent making or alterat,en
OF writing 10 the prejudice Of another mans
rie hts, and by Mr.. East it has been defined as
The ielonious making or altering malo amnao-
with I'm evil design-ofany written instrum. NJ
fOi tire purpose OF fraud and deceit. Txs of,nss
is cons umma'ed by the felonious making of lhe
instrument, with intent to defraud, even with.
out its utterance. But the instru ment must be
such, when forged, that il has a tendency TO
PREJUDICE the rights OF another The crims
may be committed by an agent as well as
by he party himself he himself being present.
~. Tor instance, If Il. makes the paper. 81
engravPs the plate and u. fills up the instru-
ment, each without knowing the others ara
employed for that purpose. they are all prin-
NIIalo.
Perjury, by the common law, ha. been do,
fined TO be the taking OF q wilfully false oalh
by one who, being lawfully sworn by a com
petent court to depose he truth in any iudiciaI
proceeding, swears absolutely and falsely in a
matter mat-riaito the poi ut in q uesticn, WhrIh.
er he believed or not. /. is necessary 10 hear
III mind, In regard TO case of psriury ma, IN