Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-12-13
Charge to III. Grand Iurx

Charge to the Grand Jury
On the opening of the December term of the
Criminal Court, Judge Fisher, who is holding
the presentterm delivered the following excel
lent charge to the Grand Jury:
Gentlemen of the Grand Jury: In conformity
10 an Immemorial usage, both in this country
and IN that from which we have derived our
system OF lurlspruoepce, and in obedience to
the laws enacted by that body IN which our
Federal Constitution has vested the power TO
exercise exclusive legislation over this District
you have appeared here To- day 20 take the oath
OF ohice aud enter upon the discharge of your
duties as conservators of the public peace and
morals OF this community.
Ion have taken that oath, and in so doing
have called God TO witness that yon will dill
gently inquire and true presentnent make of
all such matters and things as shall be given
You in charge; TO keep secret the counsel OF the
Government, your fellows, and your own: to
present no man for envy, hatred, or malice
and TO leave no man unpresented for 10 We, fear
favor, affection, reward or the hope thereof
all which you are 10 do according 10 the very
best Of your knowledge and understanding
solemn and important one. 1t has been very
properly observed by an able jurist. that IN
the annals OF the world, there cannot be found
an institution so well fitted for avoiding
abuses which might, otherwise, arise from
rieor, from malice, from negligence, or from
pariIallty in the punishment of crimes No
matter where the supreme authority is lodged.
IL Is easily seen thar, unless a tribunal. re-
moved from popular influence on the one
hand, and executive dictation on the other, is
stationed between the prosecuting power and
the citizen, the latter will be subject TO W hat
ever assaults, mistaken zeal or deliberate spite
may choose ~ beet him to. Whilst this was
doubtless the great object and purpose for
which grand juries were Instituted by our an
csstors, who had felt the hard expressions of
kiBgly power, yet IL must, by no means, be sup
posed that this admirable institution was iu-
tended, IN any measure. 10 sanction immunity
from punishment for crime when actually
nff In -
not less the duty of the grand Jury to conserve
and protect the peace and morals and health
of the public, than IL is TO shield the indi
tTom the wrongs and abuses which malice or
splJe might infiIct upon him.
Zach one Of your body, from this time until
anoiher set of grand jurors shall have been
returned and empanneled~ Is a conseryaJor of
the pnbiic peace and health and morals. So is
yonr District Attorney and so is your Jud ge
by virtue OF the Off ees which we hold: and as
such, each one of US Is bound TO notice aud brin
10 The attention of the Grand Inquest every
matter which, in our knowledge, may occur in
this District, yiolafiye of our social order
health or morals. Should any one Of you, Of
your own knowledge be aware of the fact thai
any crime or misdemeanor has been committed
within the limits of this District you will CON-
municate the fact 10 your fellows in councIl.
20, II L, Cr the District Attorney should be
eogniZant OF any matter violaiive q the Iaw,
we are, equally, bound to give il properly into
yonr charge. .F s. go
Your ofice will be found TO be no sinecure
Your Immediate predecessors, in their inves.
tgations, passed upon nearly nine hundred
cases. and, IN allprobability, you may be called
upon to examine quite as many. ...
In all oases where the parties accused have
not been held nnder recognizanee for their ap-
pearance to this Court or committed to prison
in default Of bail-that lie to say, in ali
cases, where you shall act, in the first
instance, without complaint having been pre-
yiously made 10 a committing magistrate, ysu
will bring the matter to the attention OF the
Court and the District Attorney by bills of
~ WI nh Shn
qulre t, will be given you by the clerk In
cases brought before you on complaint made
before committing magistrate, that is 10 say.
cases arising upon recognizances and com.
mitments, bills of Indictment will be prepared
and sent 10 your chamber BY the District At
toiney or his deputy, with the names OF the
thereon and marked Sworn" You will call
and examine those witnesses, and if upon thai
examination you shall be satisfied that there is
probable cause for the accusation, n reasonable
ground for the complaint preferred, you will
then have your foreman endorse the words
"a frae biH, thereon, and his own signature,
and return the result OF your day labor at the
satisfied of such reasonable ground of con, :
plant. but believe thai the case is the Offspring
OF oppression or malice, or the machInation OF
false hood and fraud, you will, for the words
"a true bill."substitute the word ssignoramus -
and return 1t with yonr other work.
Inc Grand Jury is not, as some people yainly
suppose, an irresponsible nQuisiIion. with un :
limited powers and jurisdiction, under the
shelter OF whose secret operations private
malice or political animosity may harrass and
persecute the thoughtless or the un wary, the
ignorant or the unfortunate. The wicked and
guilty offenders against law are the only OBJ
Jects after whom they are 10 make diligent in =
QUESTION. Their duties are confined, in the
main. TO the investigation OF such matters As
may be given them la charge by the Court or
preferred by the prosecuting officer, or OF these
sSnu which TN 1asl1 own immediate personal knOwl-
present in their official capacity. You will,
therefore, gentlemen. regard with suspieton
all anonymous communications, as well as
those special and frequently petty complaints
which could as well have been, and ought TO
have heen. made, in the first instance before
those primary tribunals established for that
purpose, which are always open 10 the COM
plants of the in jured or oppressed and in
which the accused may be confronted by the
witnesses against him, and be put in pos ton
fence -f-.ts I.
There are, however. some matters of general
public importance and notoriety which, from
munity and Of the injurious effect OF which
the immediate victims are too often uncon-
scious, (sometimes willingly so,) or too al.
inrea by their vicious destinations, or too SEN
against. For such matters, IL is your duty TO
make honest and thorough inquisition. Sach
are nuisances. affecting the public health or
having q direct and powerful tendency to cor
rupt and poison the public morals; and to
such most earnestly nvite your careful and
ESPECIAL attention. Since holding this court
which have done during most Of its sessions
for the last four years. i have noticed that
many OF the smaller and less Important cess
pools Of corruption and vice-the lower and
less pretending novels Of sin and d-baue cherry.
where Jew but the hopelessly lost are wont In
free uent, have occupied much Of the time of
the court and jury but the g,lded, tapestrisd
palaces OF perdltion are still 10 Rsrng in our
midst. where the subtle e-bearted syrens sun
chant their songs of hope aud plea surs, and with
impunity, allure the young and simple minded
to deetrpction. hsye seldom listened 70 the
trial OF one OF these m ore gro oveiliug ofFenders
that j have not been forcihiy impresssd with
the notion that our official falcons and ksstreIs
have, In some strange and unaccoun.abIe
nanaer, been diverted from their more appro-