The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1869-10-14
CHARGE TO THE GRAND JURY.


On last Thursday the Grand Jury was empanneled.
no objection having been made either to the panel or
to any individual Grand Juror by the prisoners
awaiting their action. and after being sworn accord.
ing to law, Chief Justice Nogge delivered his charge,
which was short concise and to the point, the fol-
lowing being copy:
GENTLEMEN OF THE GRAND JuRY:-You are now
empanneled for the discharge OF the duties OF o
Grand Jury for the county OF Boise for the present
term of the District Court The duties OF Grand
Jury when faithfully performed, are important ar
duous and thankless; important to tho community
in which you live; important to yourselves as Wen
as to those who may be charged with onenses 70 DC
passed upon by you such jurors 1t is in the pow
err OF q Grand Jury to do much to suppress crime
and to correct the evil conduct OF others great re-
sponsibility, therefore, is upon you Grand jury
may do much to up and suppress all legal IN
formation of the commission OF crimes and misde.
meanors. Through their well directed eHorts al
offenders discovered and known may be speeduy
placed upon trial before the proper trlpuhals anu
brought to Justice.
The Grand Jury are selected with reference TO
their intelligence their integrity and moral hrmness
and fairness. You are supposed to understand ana
to know as well any other seventeen men III the
county, every attempted infringement upon, or Vio-
ation Of the criminal law since the meeting OF the
last Grand Jury You are, as much az convenient
selected from the different localities in the county IN
order that you may be able to bring into the Grand
Jury information from all parts OF the county
that may be useful to the Grand Jury. The oath
which you have just taken sufficiently admonlshes
YOU all IS to your duty: ''You shall present no per-
son through malice. hatred or iwiil nor leave any
unpresented through fear favor or affection, or for
any reward, the promise or hope thereof but III
all your presentnents you shall present the TRUTH
the whole truth, and nothing but the truth, accord
ing to the best of your skill and understanding, so
help you God" When the duties OF the Grand Jury
are discharged. the law will be indicated and
complaints will be silenced.
The law makes it the duty of the Court to appoint
your foreman. Well knowing that much OF the sue
cess of Grand Jury, III transactlng business with
correctness and promptness, depends upon the fore
man. and not being as well acquainted with each
member of the jury you are with each other, and
believing that you be Of service to the Court IN
making proper selection if. when you return 10
your room, you will select from your number suit
able person 10 act your foreman and send in his
name. l will appoint him the permanent foreman OF
this Grand Jury. In selecting a foreman II Is i'm
pcrtant that you select that man who makes the best
presiding officer. IL is not always the case that the
best III the county makes the best presiding on-
Ger or the best foreman OF Grand Jury. That man
who has a correct and clear perception, firm. decided.
anu controlled by just judgment. possessing good
business ability and capacity for discharging busi-
ness rapidly, viii generally make good presiding
officer and IA good foreman Of Grand Jury. No
preference partisan or otherwise. should be permit
ted 10 interfere Ia prevent the selection Of the man
that will best subserYe the interests Of the pubic
After you have selected your foreman, you wIl then
select OF your number 10 act your clerk,
whose duty will be 10 write down the names OF all
witnesses sworn before You, and 10 make q memo
randum Of such testimony as may be taken before
you aud upun which amy Indictment may be found.
In selecting your clerk. make choice Of one who
writes fair leaible hand and one who writes rapid
ly as 10 aid your foreman III expeditns the bust
ness of the Grand Jury.
When these things done YOU will be ready 20 do
business which should be taken up III the following
order:
Firs,-You should consider and dispose Of all those
cases parties IN jail awaiting The action 81
this Grand Jury. Such entitled 70 Your
consideration first
Second-You should next consider and dispose OF
all where parties have been ecognlzec appear
al this term OF the court 10 answer 10 amy indictment
that may be- returned asains. them by the Grand
Jury.
Thlrd-You will dispose of the miscellaneous bust.
ness. which includes all business NOS contained ia
either OF the two first orders Of business.
This LAST order Of business is peculiarly addressed
10 tie good Judgment OF the Grand Jurors II you
viii adjourn from time 90 time aud wait for COM
plants and parties TO make them You will doubtless
the of time have plenty Of that kind Of
business, As a general result the longer a Grand
Jury continues in session the longer they VIII be
CURED TO remain. fl rs very good rule for Grand
Jury 10 adtout the first time they End Their table
clear uf all business. unless they have knowledge
tina; there is important business that requires the
action oi the Grand Jury: usually however. when
their table u clear tia: Is the yer! best time 10 aa
iouru.
Under the hss, order of business you will be called
upon 10 consider that crime which never outlaws.
and by the laws 81 ;his Territory Is the highest
crime that can be committed siz: Murder Yon
will End this ofTcnse defined aud the Law ia relation
to crimes aud nsdcmcauors IN chapters tao and
three Of the laws o the second session. Murder is
defined ia section Is page 300 of said laws 10 be the
&c unlawful killing Of human being. with malice
afore!houRht. either express or implied" Such
act done with malice afore thought Is done will.
fully, deliberately and promeiitatedly. No par;icu-
lar length Of time IL necessary for elaboration. II
the offender instantly makes sp his mind 10 take the
life Of his victim. and iaau makes the deadly assault
that il sufficient debcra;lon. determination to
take the life of fellow being and immediately put
ting that determination into execution constitutes the
oiIensc with malice aforothouRh;" The doctrine Of
she criminal law IT. that every offender intends the
consequences Of his acts until the contrary appears
MauElaughter Is the unlawful killing O! a human be-
ing without malice aforothought. express or i'm
Piled BY the criminal law on pages 22i and as Of
the laws Of the second session. murder never out
laws while all other fel0nies OUTLAW ia three years
and msdemcanors IN enc year. after the offence has
been committed. The time that defendant is out
of the Territory is never counted. He must be with
in the Territory the full time xcd by law after COM
hitting the oense and before the indictment is re-
turned, the ofonse is not ou;lawed under either
section of said law.
After hearing the witnesses produced against an Of
fender If you satisfied that. uncontradicted the
evidence is sufficient to convict. it is your day TO
dict the defendant. Twelve of your number must
concur in finding bill Of indictment to be true bill
before it can be returned into court such. When.
ever twelve of your number concur in finding bin
of indictment TO be true bill, your foreman should
indorse upon the indictment true BILL and sign
his name TO that endorsement, and your clerk should
write down the names Of all prosecuting witnesses
on the foot of the indictment that introduced
on the part of the prosecution. Witnesses called be-
fore you may be sworn by either your foreman or by
the District Attorney, r. +. Foo:e. who will act az
your legal adviser and will with xou all