The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1872-11-07

CHARGE TO THE GRAND JURY.

The following Is the Charge OF Chlef Jus
tice David Noggle, delivered to the Grand Ju-
ry at their entrance upon duty for the October
term of the District Court for this Judicial
District, for the copy of which We are under
obligations to the Judge:
GENTLEMEN OF THE GRAND JURY:-Hav-
| ing been chosen as the Grand Jury for Boise
County, at this term of the District Court
YOU are now about to be instructed in the law
which is To govern you in discharging your du.
ty The transactions before you will be con.
fined To such criminal Oifenses are charged
to have been committed against the laws Ol
Idaho Territory. within Boise county, as the
law provides. In all CAGES. If the Guand Jury
are able 10 find from the evidence that AN Of
| fense has been committed, and that the person
charged probably did the act complained Of
then it becomes the duty Of the Grand Jury
To indict such person. that such party may
have public investigation. aud if he is mol
! guilty, that he may be acquitted. and if he ID
guilty that he may be convicted. faithful
| Grand jury occupy an important and honora
| Die position. Important 10 all law abiding or
i drrly citizens. Important 10 themselves, and
+ particularly important Ia CRIMINALS
| Unreasonable as If may seem, foo many per
sons are apt To look lightly upon criine, and
with by far 700 much careless. wreckless indii
! ference. often using the utmost of their inge
nnity 10 save. IL pussibc the worst offenders
such do not stop Ia think o; the cruel oiiense
aud how terrible IL is for them Ia pursue suct
Il cuurse Us 10 render the HE oi peaccabc and
unoflend;ng persons unsafe.
/ MONEY or Influence are powers that il is hard
+ 10 overcome; a great abundance OF either ma,
maze the conviction ui the guilty doubtful! and
difficult.
! The Grand Jury should be careful aud never
iuict any person unless the evidence Is such
,Lal ii gwen III open Court before Trial Jury
uucoGiradlctcd. /; oush; Ia sustain a conviction
+ Under the laws OF Idaho Territory, a Grand
jar, consists of seventeen members. and Tho
whole number must be- present acting, and
{ twelve OF their number must concur IN hndine
u bill ut Indictment.
You are all residents aud |, ga voters III tins
cobut,. aud must be to be- legal Grand Jurors
/ You are no" charged la viglleuiy inquire into
a.l crimes and mlsdemeanors that may be- re
:errrd Ia you rs having been c"nmltt.d with
in the time limited by law, rs aforesaid. and
either committed or cousunImated within The
county or as the law provides, wiih.n 800 yards o.
the line ii tais cuuGiy. excepting the crime o
murder. which Is urser barred bt the statute
lor further information III relation Ia ,oui
duties YOU can examine. ai length, the sections
ot The Criminal Practice Act commencing ot
page @i3 q: the Second Session laws and *
tsadng "a page ~. ,n addition Ia which you
are At llbrri, Ia call upon the District Attor
uc,. Il l., Fooic. Esq or upon the Court toi
such legal information as yen may require.
/ Oarusrs are properly divided into two class
cs-Scc. |. = s. 1. "n pages 2I3 and pa o
/ the S"eoad Scss:on-trsi. ieloncs; second
m,sdcmcauorS.
+ By Sec :, of the Criminal Practice Ac. ico
nics are declared 10 be- public ohcnses against
the laws ot this Territory, punishable viii
death ar b, Imprisonment. in the Terrl.orIa
prisons. All other public oiienrcs are declared
to be mlsdemcanors. aud must be prosecuted
within one wear Sec. %, Criminal Prac.ic,
Act.
If the oilcuder is absent from the Terri.or,
any portion of the time limited by law for the
prosecution of such oiirnse such absence can
not be- included IA making any part of the time
within which such u.ieuses must be- prosecuted
IL fulhlmeu, oi the l-6 Sec. OF said Act
] ! have appointed NJ. G. Luuey 10 &C. as your
/ forrman-be will so act
The laws of the Territory fail Ia provide for
a clerk of the Grand Jury. Such an officer il
nrcessary-bis duties are. however, merely
clerical Believing that such IN officer is neces
sary in the Grand Jury room to enable you t,
! speedi, aud correctly perform your duties as
Grand Jurors, now direct YOU to first seec,
one of Your number to act as your clerk
whose duty it shall be to take the minutes ol
all necessary testimony taken by the Grand
| Jury Ia take and preserve a list of all wit
nesscs to sustain each Indictment TO enter the
names ot such witnesses on the foot or at the
end of indictments returned by the Grand Ju.
| Irv in cnsps oh hare frup hills ure rpnorted In
selecting your clerk select that man amongst
you who writes plainly and rapidly, SO tha,
your business may be speedily done.
An indictment is an accusation in writing
presented by the Grand Jury to competen.
court. charging person with public otiense
| A presentment under our statute law, Sec
203. of the Criminal Practice Act, is an in,
formal statement in writing, by the Grand
Jury representing to the Court that q public
oiiense has been committed which is triable
within the county and that there ia reasona.
bic ground to believe that such otfense was com.
mitted by some particular individual named or
described This provision of the law being
seldom used, was doubtless designed for the
information Of the Court. to enable the Court
to cause the matter to be investigated.
BY Sec 2O4 OF said Act. the foreman Of the
Grand Jury is authorized to administer all
oaths to witnesses appearing before them.
You are n tribunal for the investigation Of
oAenses by. and on the part of the people. and
persons charged with o!fenscs are not allowed
before the Grand Jury, nor any person in their
behalf The Grand Jury will not permit any
person to defeat proper administration Of
the law.
The Grand jury should carefully take the