Owyhee tidal wave. [volume] (Silver City, Owyhee County, Idaho Territory [Idaho]) 1869-1870, 1869-11-18

Voue vi iooH pfcfchso Jul Pho
fishing Judge Lewis charge to the
Grand Jury entire, and we are
obliged to content ourselves with
the following extracts, which EN-
brace the main points:
GENTIxMEs 1t is provided by ar
ticle nth OF the amendments to the
constitution of the United States
that " No person shall be held to an
"swer for a capital or otherwise in
famous crime unless on u present
"ment or indictment of Grand
"Jury, except in cases arising in
"the land and naval forces or in the
"militia in time of war"
Indictment cannot be found without
the concurrence of at ieast twelve
Grand Jurors. You have a
duty to perform and when you have
presented your indictments to this
court the court and trial jury will
cndeavor to mete out justice to the
accused, and If W. fail to do so the
fault is not with you. You
are an independent body; no grand
juror shall be questioned for any
thing he may say or any vote he may
give relative to any matter legally
before the grand jury. Act inde-
pendently and fearlessly in all mat
ters before you inquire as to the
offense, and whether the criminal be
rich or poor, white or black, learned
or ignorant. let not any of these
facts influence you. for the law is no
respector of persons if crime has
been committed let the offender be
punished. Every member of the
grand jury should keep secret your
proceedings. see sec. 213. This is
too often disregarded, and 1t is OF
too common occurrence that persons
on the street are informed of tue
proceedings of a grand jury before
the court is advised of the same
let this evil be corrected now.
You are not bound to hear evidence
for the defendant, but it is your duty
to weigh all the evidence submitted
TO yom, and when you have reason
to believe that other evidence with
in your reach will explain away the
charge you shonld order such evl'
dence to be produced. | admonish
YOU, however, to be careful in this
regard and do not constitute your
selves a trial jury. Owing
to circumstances which transpired
! here al the last term of this court
deem it my duty to call your atten,
ton to sec. 100 of the act concerning
crimes and punishments.
And if you have reason to 6elie't
that any persons having the knowl
! edpe of the actual commission OF al
p, offense have for any reward with
held their evidence thereof, by con
| cealing themselves to avoid being
subpenaed, or otherwise. you vii
make diligent inquiry into the SAINT
In order that such offenders may bs
properly punished. Such persons
are dangerous to society, for be wht
will conceal crime for money viii
commit perjury for money, and thu
the lives and property ofour people
are no. safe while such persons arr
at large among us. On'
nersou is charged with the crime o
| murder, and as that offense IS be
coming very common, courts and Jn
rie. should endeavor by the promp
punishment of the offenders Il
convince every one that If he vIo
lates the law he will be certalni.
nunisbed. and by so doing crim'
will decrease. Men are less apt :
commit a crime in community y
which they have reason to oeiiev'
that they will be promptly indicte'
and severely punished therefor tina
| in one wherein they have reason t
believe they will escape punishment
by reason OF the failure OF the gran
;nrv to indict or the trial jury :
convict them. And as to these mai
ters persons are likely to judge 0
the future by the past.
will. however, call your attentIo
to sections Is TO Il of the crime
and punishment act, and more paI
ticulsrly TO section FL. II ! shoul
unlawfally attempt to shoot ana x ki, !,
Jobn Smith, and miss him and kl
ZONES. the law declares this 10 .
: -urder and i.sboHld be SO punished