, 1863-10-17
Charge to the Grand Jury.

you upon the nature of your duties and
such questions of law as may be pertinent
The law contemplates your selection from
the different portions of this Judicial Dis
trict, and while any qualified elector is a
competent petit juror you are required to
be house-holderS as well as electors. By
these requirements crimes are the more
likely to be known to some of you, and as
hOuseholders you are supposed to be fix
lures and as such interested in the pros
perity of the country and the protection of
the people in their property, their persons
and their lives. As under the laws of this
Territory and nearly similar provision in
the Constitution of the United States, no
person shall be held to answer to any al
lodged crime or offense except before a
Justice of the Peace or a Court Marshall,
(unless upon an indictment by a Grand Ju-
ry) you perceive that your duties are i'm.
portant and your position one of response
bility. In fact, so important are your
functions, that refusal by you to present
indictments where the laws had been vo
lated, would be a complete barrier to the
administration of all criminal laws in this
Judicial District
As Grand Jurors you represent both
the Territory and the United States and
the oath you have just taken indicates your
duties and the manner in which you should
discharge them.
Your oath requires you to diligently in
quiro into and true presentment make of
all such matters and things as shall come to
your knowledge according to your charge.
of IL Io,
examine into the circumstances of every
charge made-the credbility of the wit
nesses and use of the means necessary to
procure the attendance of witnesses and
from this examination to conclude whether
the party should be held to trial. This in
quiry should be directed not only into such
violations of law as may be suggested to
you by others, but If violation of law is
personally known 10 any member of the
Jury it is his duty to submit the matter to
you for your inquiry. Your oath binds
you TO secresy and it is important you
should remember this as well for your own
protection against desperate characters who
would not hesitate to injure you in property
or person if they knew what action any one
of you may have taken against them in the
Jury room, as well as forsthe purpose of ar
resting those charged with the violation of
law, as they would take care often 10 be out
of the reach of the law if they were advised
of what is transpiring before you If any
one endeavorS to ascertain from you what
matters are before you or what action You
may be taking in any case you will report
such person to the Court. You are sworn
to present no person through envy, hatred
or malice AS men, you have your pas
sions, prejudices and animosiiies. You will
be careful to leave these at the door of the
jury room. That juror occupies low po-
sition indeed, who, on the discharge of his
duties and in the secrecy of the jury room
would present any one from some old grudge
or malice. AS you are to have no enemies,
so neither are you to know any friends; and
you are to leave no person unpresented
through fear, favor, affection or reward or
the hope thereof. While you may readily
discard any consideration of reward, v3r
may not so easily resist the inAnanoes Of
friendship and affection or so TeadiIv forcet
.s ss-wesslth or position Or influence of par-
ties.
In the examination Of cases before you
you will receive only legal evidence and
find no indictment upon suspicious and hear
say, but only upon that character of evil
dence that would be admissible on trial,
and while you are not bound to hear evi.
dence for the defendant under our law if
you believe in any case that other evidence
within your reach will explain away the
charge, you should order such evidence
AS however, it was not contemplated that
you should investigate both sides of a case
as on trial, you will use this power of sum-
moning witnesses for the defendant SPAR
ingly and considerably and solely for the
purpose stated in the statute. While you
should diligently inquire into all cases
submitted to you, you are not bound to find
an Indictment unless you believe that the
evidence before you unoontradicted would
probably procure a conviction on trial, or
unless you have reason to believe there is
other important evidence not before you
which could be procured on trial. The ex-
pense incurred by grouOdless prosecutions,
as well as the odium attached 10 an indict-
ment, though the accused may establish in
nocence, are considerations not to be over
looked by you. 1t is necessary that twelve
of you agree to the finding of an Indictment.
No grand juror is permitted to testify in
any court in what manner he or any other
member of the jury voted on any matter
before the jury, or what opinion was ex-
pressed in relation to any question, or what
questions were before you. 1t is made
your especial duty to inquire into the Of
fense of any person confined in prison on a
criminal charge-intO the condition and
management of the public prisons of this
district, and into the wiiful misconduct in
Office of public officers, and you may ex-
anime the public records of the county and
II books and papers connected with the va
rious Offices and all such witnesses as may
give you any information on the matters of
your inquiries. The 5ail of this county is
believed TO be insecure, and the escapes
from it}would indicate as much. You will
direct yosr attention to that matter and if
found insecure state wherein it is inse-
cure and what is needed 20 render it Sc
cure.
There is lack of confidence in the man.
agement Of the finances and affairs of this
county, as with an annual revenue of rom
twelve to fifteen thousand dollars flowing
into the county treasury aud with no pub
lie improvements in progress by The county,
the tax payers do not exaclly perceive how
the public debt continues 10 accumulate -
This public dislrust may not be well found
ed, but as a matter Of fact it exists, and as
it is made your duty to inquire into these
matters a full and thorough investigation
s,t ii ff,1 of al,