, 1864-10-14

MONDAY MORNING, Oct lO.-The business of
the Court "drags its slow length along" All
the seats were taken up by ananxious audience.
Porter and Bordeneau appear with their counsel,
the former appears composedand selfpossessed,
apparently entering into every step taken by his
attorneys the latter sits with dropped head, calm
and thoughtful. The argument of Turney IRE
ported on Saturday was resumed, and closed
at II motion to quash submitted and overruled
by the Court-exceptons taken and allowed.
Porter was then arraigned, Clerk read indict-
ment to him; he pleaded Not Guilty" Bridges
gave notice ola motion for change of genue; also
moved to quash the indictment against Beatty,
had also some special motions to submit in the
case of Bordeneau. Adjourned to 1 o'clock,
A. NJ.
AFTERNOON SEssIoS.-Grounds for change of
veaue in Porters case were ably argued on eth
er side The main plea set up alleges that the
feelings ofthe community are such that defend
ant swears he cannot have a fair and impartial
trial. This motion was overruled by the Court.
Defendant through his counsel, fled an affida-
Wit in effect, that the Court was Of such pre-
conceived judgement that its rulings would not
give him fair trial in this Court, and prayed
for a renewal of his case to some other Court
within the Territory Motion lustained-change
of veaue granted-case will be sent to the Dis
trict Court of the I'd Judicbsq District, which
meets at Vancouver on Monday next October
the l7th Motion to quash indictment against
Beatty was not sustained. REPORTER.
We had full report of the proceedings up to
Thursday, but are compelled to omit them for
want of room.
The case of Emil Bordeneau for the murdero of
John Selby, was continued until the April term,
on account of the absence Of an important wit
ness, now on a visitto the States
Hon. E. P. oHphangs Charge to the Grand
Jury.
TPUBMsHED BY REQUEST or THE GRAND JURY.
GENTLEMEN OF THE GRAND jury -
1t is not my purpose to detain you with any
| very extensive remarks by way Of charge.
Allow me however to say, before calling
your attention to several acts of the Legis-
lature, that it is a source Of congratuation
to me, and I trust is also to you, and should
be to the people of this coast, and these
mountain vallies, that thus far they have es-
capped the scourge and desolations of war
Every well disposed citizen no matter what
may be bis partisan predictions, should re-
joice that such is the case, and frown on
every attempt to render it otherwise
Had the sacred maxim, "Behold how
good and how pleasant it is for brethren to
dwell together in unity" been needed, the
flag of the Union would this day be waving
in all its pride and lustre, on the now shat
tered walls of Sumter With the general
state Of the country, and the present strife
and crisis, and their effects upon the nation
itself, families and individuals, and on bus
mess aud commercial relations, you are all
familiar, and these topics may be now dis
missed without further comment.
Strong as may be our attachment to the
laws of the land in which our lot is cast, it
is conceded, that no syst avised by the
learning or ingenuity Of IA , has yet worn
the impress Of perfection. At some of
them. there always have been, and there al
ways viii be in every place or country caU-
illers. If, however, the general scope and
aim Of enactments, decisions and rules be
to foster, advance, and maintain the good
order, peace, happiness and prosperity of
the community, though some of them may
SAVIOR Of hardship, and unnecessary re-
straint, their observance and enforcement,
are far preferable to anarchy, disorder and
the wild chaos Of unlicensed and un-
| b.vv
/ been summoned and selected in obedience
to law, as part of the necessary machinery
Of Courts. Without your action, consent
and sanction, no person can be put on trial
erimually for any violation Of the laws Of
this Territory, or the laws Of the United
States. Your particular province and du-
ties are very clearly summed up and de-
fined in the criminal code of the Territory,
based however in some particulars, in your
action in United States cases.
The oath required by the statute has
been administered to you, and you have OBJ
served that there is a clause in it enjoining
secrecy. This action or intention is for your
protection, and that of the officer who pros
ecutes for the Territory, so that the person
charged with an offence, and all others may
| know that it is the official act Of the grand
jury, and not of any particular member of
that body. Its further purpose is to pre-
vent those who are to be indicted after ex-
animation from gaining knowledge of the
facts, which if gained would in most cases
render escape certain All your acts and
deliberations should be confined to the grand
Jury room, and within the little kingdom of
your own bosoms, until they are made
known in Court as the law directs. The
whole tenor Of your oath implies that you
shall act as just, Independent and honest
men In SO doing you will disarm susPi-
cion even Of its pangs and power to harm,
and make it manifest to all that your action
whatever it may be, has been governed by a
proper sense Of duty and what you believed
for the best interest Of society-the promo
ton Of the public good as well as the pres
ervation of the government under which
you live, and Of which we all are a com
ponent part. Your inlets or sources of in
formation as to crime committed, and other
violations of law, are your own knowledge of
what you derive from the officers who pros
ecute for the Territory and the United
States and private individuals, Mere street
rumors are to be disregarded, and if any