The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1872-05-17
Judge Elwell's Charge.
MAY SESSION. 1872.

Judge Elwell's Charge.
MAY SESSION, 1872.
| GENTLEMEN OF THE GRAND JURY.
1t is scarcely possible that any Ian.
| guage which could be employed, would
convey in so few words, q general idea
OF the duties you have to perform, and
the spirit with which they should be
| performed, as the oath you have lust
| taken
Ordinarily, the diligent inquiry to be
made is by the oath of witnesses, and
| chiefly of such offences against the law
| as are to be corrected by Indictment.
trial and sentence, and this inquiry is
confined to crimes committed in this
| county and triable here.
The matters TO be laid before you will
probably be mostly in the form of bills
OF Indictment, prepared and signed by
the District Attorney.
Ihere may, however, be some offences
of public notoriety and others within
your knowledge which are presentable
here. Each Grand Juror may perform
his duty in regard to cases within his
| own knowledge, by stating to his fellows
all he knows of the facts, and submit
ting to their judgment the propriety of
proceeding further, This power should
be exercised with care, and without
sympathy with vice on the one hand
or with undue rigidity on the other.
You will be assisted by the District
Attorney, who will at your request
prepare such bills as may be required
by you, and at your instance the proper
process for procuring the attendance of
witnesses will be awarded.
In no other cases than those and such
as are given in charge by the Court or
laid by the District Attorney before
you, can you indict without previous
prosecution before magistrate.
There may be offences, especially
against the laws in restraint of tippling
and gambling, which are so well known
or 80 strongly suspected as to call for
the exercise of your authority.
BY recent decision of the Supreme
Court upon this subject it is held, that
the return of Constable, of an officer
under oath, is sufficient authority for
warrant of arrest, and for proceeding
by Indictment sent up by the District
Attorney, with the sanction of the
Court, and this applies as well to those
offences which the law does not make
it his duty to return, as to those which
are by law required to be returned.
You will call before you the witnesses
whose names appear upon the indict.
ment, and swear them TO tell the truth
IN relation to the cnarge contained
therein II you are satisfied from the
evidence that there are reasonable
grounds for belief that the charge is
true, you will find "true bilP' and
endorse the finding thereon; but if
otherwise, you will endorse tgnoran,us,
or mot true bill.' All returns must
be signed by your foreman. Unless
twelve of your number concur in find
ing bill it must be returned as "not
true bill" and in that case, if the Of
fence charged be misdemeanor, you
Will direct whether the costs ought to
be borne by the county or the prosecu-
tor, and in the latter case you will name
the prosecutor.
When bill appears to be true, the
costs cannot properly be imposed on
the prosecutor. But if you are satisfied
that the prosecution was commenced
in spite or passion or recklessly without
reasonable cause, or that the prosecutor
was himself most in fault, the costs
would be properly imposed upon him.
In considering cases, you will be
guided by nothing but the evidence.
The law forbids under severe penalties
all attempts to influence the minds of
jurors, by endeavOring, either in con.
versation or by written communication
or by persuasion, promise, entreaties,
or by any other private means to bias
their minds or Judgment, If any per-
son shall offend against this law to your
knowledge, he ought promptly to be
presented by indictment. Private
solicitations, boring, as it is popularIy
called, ,and in law em6rdcery is disgrace
ful in him who attempts it, and almost
equally disgraceful to the Juror who
willingly lends listening ear.
BY recent Act of Assembly, a
change has been made in the law in re.
gard to evidence in criminal cases In
all misdemeanors, except forgery and
perjury, the defendant may offer him.
self and be allowed to testify as q wit
ness on the trial. But as neither the
defendant nor any witness on his behalf
can be heard before the grand jury, this
law has made no change as to the com.
potency of witnesses before them.
The duty aud responsibility of hear
ing and deciding upon all the evidence
in the case is devolved upon the Jury
who shall try the cause. Whether the
admission of the accused as a witness
will Tighten their burden in their search
after the truth, or will render the per-
iormance OF their duties still more diff
cult remains to be tested.
~ 'he history OF Jurisprudence the
time was when it was perilous to sit as
a juror. The terror of a prosecution or
attaint for false verdict, by which the
juror forfeited his good name, as well
as his liberty and his property, was,
during his deliberations constantly pre.
sent in his mind distracting his thoughts
and perhaps inducing him to think of
his own safety rather than the guilt or
innocence of the accused. If a second
jury could be found to pronounce the
first verdict false, hejury rendering ii
were subjected to the severe penalties
named. The proceedings were based
upon the idea that the first verdict was
corrupt, and the second jury was called
the grand jury in the attaint, consisting
as II did of double the number of the
first jury. In times of great public ex.
element, honest men acting as Jurors
were exposed to the danger of convic-
tion when the verdict was in opposition
TO the popular view of the case. And
honest mistakes Were subject to infam-
Gus punishment. Happily for this
country the law as stated has no place
IN our statute book or in the common
law adopted by us. We are all liable
10 errors and mistakes, even when we
act most consclenciously and with pur-
est motives. If we We're to be tried by