, 1873-01-09

,
was endorsed "a true bill' and such en-
dorsement signed by the foreman of the
Grand Jury. .-s,
The law declares that no bill shall be
found without the concurrence of twelve
jurors and that when 20 found, it shall
be endorsed, signed and presented to
TO the court in the exact manner in
which this bill'was.
No provision has been made for keep-
ing record of the votes OF the Grand
Jury, and the law especially declares.
that no Grand Juror shall be permitted
to lnform any person, IN what manner
himself or any member of the jury voted
upon any question before them.
Now when the Grand Jury come into
open court, and present to the court q
bill duly endorsed and signed by the
foreman, it is most solemn declaration
on their part, that twelve jurors concur
red in finding the bill, in fact, it is evi-
dence of the most satisfactory kind.
hence the record does show that twelve
jurors concurred in finding the bill.
1t is also urged that the indictment is
bad for the reason that the offense is
not charged with having been committed
'feloniously.'
The ohense is charged in the exact
language of the Statute, and the law has
long been settled that an Indictment 50
charging the ofeDse is good.
1t is further claimed that the court
erred in admitting in evidence the stat.
utes of Washington Territory defining
the boundaries of Whatcom county; as
also White and Stevens maps of the
Territory.
The court was bound to take notice
of the statutes in question, and it not
appearing to the contrary it is presumed
that the map was properly admitted; at
all events it would have worked 10
injury to defendant, for the evidenc,
sent up, all agrees that the offense was
committed on San Juan Island. No
question was made on that point, and if
on San Juan Island, the law declares
that it was in Whatcom county.
Finally, it is claimed that the court
erred in instructing the jury as to the
question of self-detexse, to wit:
I'm order to justify the killing on the
grounds of self-defense, there must be
nece 'sity, real or apparent, to prevent
death or great bodily harm"
''The prisoner has a right to act on
the circumstances as they appeared and
are proven, provided you are convinced
that the circumstances, as proven, show
ed in appearance imminent. threaten
ing, present and immediate danger to
life. or great bodily harm-the jury and
not defendant must be judges of these
Matters"
We think the above charge is fair
exposition of the law.
The judgment of the District Court
must be affirmed.
LEWIS, J.
I conucr in the conclusion of my
brother Lewis. r. S. GREENE, Asso. J.
J. 3. LIBBY. steamer Cello, on
Thursday evening, brought to this city
the passengers of the steamer Libby
and also the assistant engineer FROM
whom we learn the following particulars
of the accident to that vessel: On Tues
day morning about o'clock, while
bound for La Conner and within three
miles of that place. she ran up on sand
spit. When the tide went down she
hung across the channel, her bow on
one sand spit and her stern on another;
the great strain caused the timbers to
give and when the tide came IN again
she sank. The Port Biakely steam
pump va ken down to her this morn
ing and she will be pumped out and
brought to this place as soon as posi-.
BILE.