The union Democrat., 1871-01-28
Grand Jury Report.

1rAmo1 uft nepott
Peace at Columbia an opportunity to vindi-
cate himself from the statement made IN the
report of the late Grand Jury in relation to
his official action, we publish the following
communication without comment. other, than
to say to him. that the matter of Justice of
the Peace fees arc very unimportant in COM
parison with the other and necessary costs
that accrue in criminal cases.
To THE EDITOR. UNION DExocRAr:
The Graud Jury Report of the County of
Tuolumne at the January Term, 1871. makes
charges against the Justice of the Peace and
Constable of the town of Columbia; thar
frivolous arrests have been made in that
place, and thai criminal business has been
conducted In manner unnecessarily eTpeRsiue
to the county,"
Let fac,s be examined The bills in criminal
business charged TO the county for four months
to-wit; July, August. September and 0cto-
Der, and these embrace the last bill audited by
the County Auditor, and allowed by the
Board of Supervisors at their last session on
bills passed upon on accounts, shows that the
entire amount charged by the Justice of the
Peace of Columbia, was only Sl2 and the
amount paid to the county during the same
period of time, for the balance of fines above the
costs ofsuits was Sll l0showing that the bur
den imposed upon the county by the Justice of
Columbia was only NINETY CENTS. The charge
of unnecessary expenses" to the county by
the Justice of the Peace Of that town, there
fore, falls to the ground, and is false. If not
q malicious accusation. The charge offrivol-
Gus arrests is alike groundless imputation,
as the Records of the Court and the processes
on file in this Office will abundantly prove.
No arrests have been made but under the
statutory. provisions of the laws OF California;
nor any complaints entertained, unless on the
oath ofcomplainants on examination; and when
parties have been examined according 10 tie
statutes in such case made and provided.
complaints have been tiled, and warrants
issued, parties have been brought into court
and above all the privileges provided by
law judgments have been rendered as a
sense of justice and official duty demanded
Criminal prosecutions brought before the
court are all of them distinctly set forth in
the complaints now ON file, and open to the
examination of all persons. and none of them
can be charged as being 'Jjirolous' in their
character, or of making unnecessary expen-
ses to the county.
What then becomes of the accusation of the
Grand Jury? 1t vanishes into thin air.
The charges are the accusation of malicious
nformer who coined it and manufactured
them. If the Grand Jury had desired to have
done justice to the Justice of the Peace and
Constable of Columbia in their presentment
OF the accusation against them, why did
they not make themselves acquainted with
their own duty as the statute provides in
Section 30 of the criminal practice Act?
That section declares that tthe Grand jury
shall receive none but legal Evidence, and the
best evidence iR degree, to the exclusion eff
bearsay or secondary evidence" And the
2l5th section ofthe same act provides that "the
Grand Jury are entitled TO free access to the
examination of all public records in the coun-
ty,' which applies as well to those of the
Justice of the Peace, as to the records Of
which bills have been audited by the County
ty Auditor and passed upon by the Coun-
ty Supervisors. And the 21lth section of
the same practice act provides that the
Grand Jury may require the District Attor-
ney to issue process to order thatsuch records,
documents and witnesses may be brought be-
fore the Grand Jury as the case may require.
Did the Grand Jury pay any attention to
the provisions of the statutes on this subject
No, they did not. For the Auditors and SUI
pervisors Records and bills audited and allowed
were the very best evidence they could pro-
cure in such cases, and they were in the very
Court House where the Grand Jury were sit
ting, and would have shown them that the
bills of the Justice of the Peace for the four
months referred to, were such as they have
been stated in this article. What then are
the Grand Jurors but false accusers? Their
charge IS false and base accusation in its
sum total and will recoil and rest upon the
heads of that secret conclave, and the vile in
former upon whose statements they have
chosen to bring their presentment.
j. HARRINGTON, Justice Of the Peace.
Columbia, Jan. Oath, 1871.