, 1864-10-14


GERS, and shall in their discretion examine
the public records of the county"
Sec. 166. "The grand jury are not
bound to hear evidence for the defendant;
but it is their duty to weigh all the evidence
submitted to them, and when they have rea-
son to believe that other evidence within
their reach W. explain away the charge,
they should der such evidence to be pro-
duced, and r that purpose may cause pro
cess to issue for the witnesses"
Sec. l67. "No Indictment shall be found
unless twelve grand jurors vote for the find
ing thereof"
Sec. l68. ono grand juror shall dis
close the fact that an Indictment for a felony
has been found against any person not in
custody or under recognizance, until such
person has been arrested
Sec 100. "No grand juror shall be al
lowed to state or testify in any Court in what
manner, he or any member of the jury, vo-
ted for any question before them, or what
question was before them; and in charging
the grand jury the Court shall remind them
Of the provisions Of this and the preceding
sections"
Ofenses, gentlemen, are divided into two
classes, crimes and misdemeanors They
take again another division, into those that
are felonious and those that are less than
felonies. All Offenses or crimes which by
the statutes Of the Territory are punishable
in the penitentiary, are felonies, and all 9TH
ers are misdemeanors
The Court is ignorant of any ofenses
that will be the subject of investigation ex-
cept some cases of murder The statutes of
the Territory which you will have before
you, divide murder into two degrees, First
and Second. The degree of the ofense is
exclusively for the Petit Jury. If you
should be of the opinion that the homicide
comes under that of either the FIRST or second
degree it is your duty to return bill Of in
dictment generally for murder If the facts
before you are such as in your judgment, do
not bring the case under either of the II
and l3 sections of the criminal procedure
act, page 2S2, you can direct an indictment
for Manslaughter, if the facts should war
rant such finding You are entitled at
all reasonable times to ask advice of the
Court as to any legal questions upon which
you may desire information. The prOsecu-
ting officer may attend on the grand jury for
the purpose of examining witnesses, and
giving them such advice as you may ask
The fogeman has power to administer all
oaths and afirmations to witnesses who shall
appear before you, and the jury may appoint
a Clerk to keep minute Of their proceed
ings. This is brief summary of your
rights and duties AS to other matters the
Court has no delicacy in calling your atten-
tion to the unsafe condition of your County
Jail 1t has become by-word and re-
proacb Examine it, and be not satisfied
with reporting merely that it is unsafe, bat
give an expression of opinion if it can be
made safe, how, and at what cost Citizen
prisoners, here and elsewhere, should be
confined in the citizens prison Besides, it
is entirely discretionary with the cQmmand-
ant Of the military post to grant the use
Of his guard house for purposes Of this
kind, and cases may arise there even, when
such a grant would be adverse to the MILF
tary interests Of the government. The
public prison ought to be made reason
ably secure or else all h010JiRgs at escapes
and complaints against the Sheriff should
cease. The duties of the County Commis-
sioners with regard to Offices, for Sheriff,
condition of the County Clerk of the Dis
trict Court, &c. are prescribed in the "gen-
eral laws" section IS, Of the act Creating
a board of County Commissioners and de
fning their duties" Civil Code, page 339.
For other public buildings, such as Court
House, Jail, &C., their duties are defined in
sections ~ and % of the same act. These
q qff flr
that you may examine them, and If they be
not sufficient to meet the requirements Of
the county, under existing circumstances,
let a call be made to the Legislature through
your representatives for the passage Of such
laws as will in these particulars subserye
the public interests The city where we
meet is incorporated by an act of the Legis
lature. That act is very liberal in the pow
ers which it confers on the incorporation
The Getty Father" have, and will no doubt
from time to Uime, pass such ena6tments as
will conduce to the well being, good order,
and general prosperity of its inhabitants and
the community by which it is surrounded
In some cases persons may be amenable to
the laws of the Territory, although they
have undergone punishment for violation Of
a City Ordinance AS to the laws of the
United States, which it becomes my duty
to give you in charge and which may pain
fvly fall nnder your consideration, they may
be classified under the heads of treason, sell
ing liquor to Indians, cutting or destroying
timber belonging to the United States, vio-
lation Of the revenue laws, buying clothing
Of soldiers of the United States
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