, 1869-10-09
District COurt--.OOtOber Term.
JUDGE KEHHEDY's cHARGE TO TIE GRASp
JURY.


The Judge, In charging The Grand
Jury, commented at considerable length
on the nature Of their duties. We are
ouly able to give a very brief synopsis
Of bis remarks.
He commenced by pointing out their
powers as Grand Jurors on behalf Of the
United States. They were to enquire
into all violations Of the criminal law,
but owing % our inland position, many
Of the criminal statutes did not bear up
% this part Of the Territory, aud the
principal cases which might be brought
before them, would be, violations Of the
revenue laws, trespasses upon the timber
lands Of the United States, and viola~
tions Of the law prohibiting the sale of
liquors to Indians. Upon this his Honor
dwelt at some length, and 10 the course
Of bis remarks, observed that the law 10
that respect, appeared TO be better OBJ
served here than il any other part OF
the Territory. The offences committed
by the Indians against the whites, in
Washington Territory, at least, pro-
ceeded 10 the main, from drunkenness I;
and be urged upon the Jurors, by their
vigilance in guarding against the least
infraction of the law, to preserve the
present healthy condition Of affairs 10
Walla Walla County.
As Grand Jurors on behalf Of the Ter
ritory, their powers were very much
circumseribed by the act of lSG4-'65,
page 10, which provided that, "Tne
grand jury shall only inquire iu the case
Of parties in custody or under bail,
charged with commission of ofenses
against the laws of the United States,
or Of this Territory, aud duly returned
by a committing magistrate, justice of
the peace, or United States commission
er or upon u complaint sworn to before
an officer authorized TO administer oaths,
and presented by the prosecuting attorn-
ey or under the instructions OF the
Court &c.
The practice on this subject, prior to
the passage OF the Act in question, was
attended with many evils, and perhaps
abuses. The Grand Jury was thCn an
inquisitorial body, taking cognizance of
all Offences, and lnstitutlng prosecutions.
The old system did not, like the present, /,
yield to individuals efficient guarantees
against the oppression OF power or pref
udice, or the Vaccinations of designing
men, and under it, large bills of costs
were run up against the county, and the
time of courts, jurors, aud witnesses
heedlessly wasted. Our present legisla~
tion was in consOnance with the spirit
of republican institutions, and with the
general tone of the statutes of most Of
the States of tie Union. By it a prose-
cutor must, under all ordinary circum-
stances, make his complaint before a
justice, and the accused party have a
hearing, and thus know of what be is
accused. 1t might be that, presuming
him 10 be guilty, the oifense was one OF
which the justice had concurrent juris>
diction with the District Court, and
which would be sufficiently punished by
the imposition OF fine, such as be had
power to inhict. lfnot, and the delend-
ant was bound over OF committed to
prison, be could at once get ready for
trial whereas if a bill OF indictment
were presented against him in the first
instance, a continuance of the case was
often unavoidable, thus protracting the
proceedings, and of course swelling the
costs.
The prosecuting attorney had the
right, in the few cases where any hard
ship under the new law would other
wise result, of initiating proceedings by
causing the prosecutor to make com,
plant, aud himself presenting it to the
Grand Jury. Instances of the rightiul
exercise OF this power on his part would
be found in the cases when the defend.
ant had escaped from the Territory be-
fore arrest, and it was deemed advisa>
BILE 10 get a bill of indictment against
him, for the purpose of basing a de-
mand on it, upon the executive Of
neighboring State or where a less
prompt method of procedure would like
ly result IN the escape of the guilty.
Other cases would present themselves to
auy one who thought somewhat deeply
on the subject, but go great power
was scrutinized most jealousy, and
rarely, save in very important cases, ex'
ercised by the officer on whom the law
conferred it.
As regards the case of complaint
"presented under the instructions Of the
Court" that would be one concerning
the public, rather than an individual.
If riot takes place that shakes the very
foundations OF social order, if there be
any great public nuisance 10 your midst,
injurious 10 the health OF large por-
tion OF the community, or a wide spread
system of vicious conduct, detrimental
to the interests OF virtue and morality
among you-to enquiries on such, ana
kindred subjects, II Court might proper
ly direct your attention but II 1t were
to present a case brought before 1t by
a private prosecutor, 1t would seem To
take sides, and express an opinion oy
anticipation. The Judge was happy 10
saw that he had no cases OF the klud he
had suggested. to bring before them,
since this community, generally, seemed
to him to be composed of as Intelligent,
peaceable aud law abiding citizens as
were to be found 10 any part OF the Ier>
rltory.
He next directed their attention to the
second section, page 20, of the laws Of
ls64-'65. 10 order that the Grand
Jury should tax the costs against prose
cutor when they ignored bill, they
must find tbs charge both malicious and
frivolous. Prosecutions were never orIgl-
mated by the friends of the accused, and
it might we'll be that there were many
cases in which the motives OF those in>
stituting them we're BY no means pure /;
nevertheless, it the laws bad been un>
doubtedly violated, the Territory did not
scrutiuize too nicely the reasons which
influenced those who brought criminals
to justice.
Section l66 of the Act governing our
criminal procedure, declared THAT the
Grand Jury are not bound to hear eVl'
deuce for the defendant, &c. There was
even less reason now, perhaps, than tnere
was prior to the passage of the amend
ment before referred to, for bearing evil
dence for the defendant, since in nearly
every instance be would have bad pre-
limiuary examination but if the Jurors
had reason to believe from the evidence