Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-10-12
THE LAW.
CHARGE of Hon. H. E. Hudson, Judge
of Criminal Court.
Delivered to the Grand Jury Yes
C) terday.

TETITTTTE 10 III WTTTTT-- -TTT 49, 49,
mitted within the jurisdiction of this
Court, and which may be brought to your
notice for yonr Investigation and action.
First. then, with reference to your du-
ties: This involves two inquiries-what
are they, and how are they perfOrmed2
You have been called upon, gentlemen,
to execute one of the most delicate and
important trusts that pertains to our form
of government; into your hands is CON-
mitted the liberty and reputation of the
citizen, and in the v~indication of the law,
the safety and prosperity of one OF the
most important and powerful
ties OF our State. Your calling is one of
the most honorable as well as one of the
most ancient that belongs to the grand
and enlightened Jurisprudence OF the
age, and it is with you, by your conduct,
to demonstrate that these trusts have not
been misplaced, and that you are deserv-
ing of all the high honor the position con-
fers. a
While great confidence must be placed
in YOU, as men of honesty and integrity,
still the people are ever jealous of their
right and in order, therefore, to make it
certain that the trusts committed to your
hands shall not be abused or liberty in
fringed, in their constitution and laws
have they prescribed your duties and de-
fined the limits of your authority; and,
that you may be more responsible to
them, have required you to take a sol
emn oath, which clearly, but briefly, in
dicates the duties devolving upon you.
1t is to this oath that the court desires to
direct your attention in its charge to you
upon the subject of your duties;
"YOu are diligently to inquire and true
presentments make OF all otfenses given
you in charge, or otherwise brought to
knowledge, committed or triable
within the limits of the jurisdiction Of
this court" M..-.t
By the Declaration of Rights" en-
braced in the constitution of this State, 1t
is provided that no freeman shall be put
to answer any criminal charge but by
preSentHlent, indictment or impeachment"
Since the abolition o fslavery IN our State,
all persons stand upon an equality before
the law, entitled to all the protection and
guarantees of the Constitution, without
distinction, and are embraced in the de-
scriptive term "freemen," used in this
and valuable claus of III fun
law. No individual now in our
State, can be put to answer or placed
his trial, except by presentment or
indictment.
The presentment is defined to be a writ
ten notice by the Grand Jury of any Of
fence within their own knowledge, and
into which it is their duty to inquire.
This manner of accusation, then, Is per-
in two cases only: First, where
the facts constituting the offence are de-
tailed to the Grand Jury by one of its own
number; and, second, where by law it is
made the duty of Grand Juries 20 inquire
and present specified offences.
In the first instance, the jurormust be a
to the transaction. Should, there
fore, any of your number have knowledge
of the commission of any offence cogniza-
by this court, be will Immediately de-
clare the SAINT to his fellow jurors, who
viii proceed TO investigate IL. ntwelNe
Of your number are satisfied that an
offence has been committed and decide to
prosecute the offender, you Will notify
the Attorney General, whose duty il will
be to draw UT the accusation in writing,
setting forth the offence in formal and
legal terms, which will be signed by at
least twelve of your number, and through
your foreman, without other formality,
presented TO the court. Should you, how
ever, not he satisfied, from the statement
Of your fellow Juror, that en- offence has
been committed, or should not twelve Of
your number be satisfied thereof, in
case-unless you are required by
law to examine that particular offence
YOU send for witnesses to supply such
deficiency, your Investigations must cease
the offender, if prosecuted at all, must
be charged by Indictment.
You are permitted in the second in
in relation to certain offences, to
present offenders, in the manner just de-
Scribed upon the testimony of witnesses
sent for by you. After you have asCer-
tanned the fact, in this manner, and twelve
Of your number are satisfied that the par
offence has been committed, you
will notify the Attorney General, giving
him the names of the witnesses upon
testimony the charge is formed,
when he will prepare the formal charge,
which, when signed by at least twelve
Of your number, you Will, through your
Foreman, present the same to the Court,
in the name just described in cases
Of -presentment upon the information of a
Juror.
The following are the only cases into
which it is your particular duty to en-
luire, and wherein you are allowed to
send for witnesses upon your own mo-
l. Gaming.
.. Takingtolls at turnpike or toll bridge
gate opened according to law.
3. Illegal voting.
1. Tipping.
5. Disturbance of worship.
6. Injuries to public buildings.
These otfenses are set forth in section
S0S7 of the code. You may also, and il is
made your duty, to inquire into and pre-
sent the following ~offenses, created since /
passage Of the code: For adulterat- |
-ng liquors with strychnine and other
Act March Is, 1850. And in all
,ases of counterfeiting. Act February is, |
1850.
By section BOSS, the INQUIRY In gaming
asses shall be confined to specified times
places, and by section 50S9, no wit
lesses shall be indicted for any offense in
to which he has testified before
he Grand Jury. The Clerk of the Court,
lpOn your application, will issue subpde-
las, for such witnesses as you desire. TIT
sheriff or his deputy is to serve the same,
md witnesses must appear as in other
asses. such witnesses may be sworn, Ell
her by the Clerk or by your Foreman,
he fact being endorsed and signed OIL
You win bear in mind that 1t is
,nIy in these particular cases that your
can ad minister the oath to the
witnesses; In ali other cases this must be
lone by the Clerk or his proper deputy.
it not appear from the subpoena or
'ther records Of the Court, that the wit
less upon whose statement the present
nents are made, was sworn, the present.
nent would be quashsd-for no present.
nent IAN be made except upon the oath
4 some person, and the fact hat an oath
vas administered must appear OF record.
1t Is in these two ways only, that the
1rand Jury Is permitted to accuse a citi-
en- of crime. by presentment; in other
asses, the offender, IL at all, must be
by indictment.
The procedure by Indictment Is the
ther and most usual manner of prefer
ing a criminal charge. An indictment is
he accusation of crime written Out in
and legal terms, signed by the At
orDey-General and preferred by him at
he instance OF q person styled the prose-
No Indictment can be acted upon
y you until signed by the Attorney
The facts constituting the of
snse has been committed. or that the
rOsecution is malicious or frivolous. he
viii file no indictment. Should, there
ore, any person complain TO you of an
ffense that cannot be presented in the
manner already explained, you can only
efer him to the Attorney-Geueral, who
nay, in his discretion, file a bill ofindict-
lent.
When the Attorney General concludes
} present an indictment, or he is directed
do so by the court, he repares the
sme in due form, marking thereon the
anne of the prosecutor and such witnesses
) he desires to 90 before the Grand Jury.
nd files the same with the Clerk of the |,
curt. When the prosecutor and witness :
IS appear, they are sworn by the Clerk.
no Endorses the fact upon the indict-
tent, and places the same in the hands of
ne officer attending You, who viii con-
uct them before you, at the same time
slivering the bill of indictment. You
i'll hen examine each witness separate
Z, in such order as you desire.
In no case can an Indictment be filed .
ithout the signature of the Attorney /,
nnaFQl M nFnGnanffnn .an h. go. Z