New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-10-27
COURT RECORD.
MONDAY, OCTOBER 26. 1871

MONDAY, OCTOBER 9G. 1871
Superior Criminal Court.
IsYoEMA1IoNs FILED.
Grand layceuy-Fiorencs Brown Hassie;
eyphaS.
soIlg rRosEQrf EH1ERE''.
Forgery. etc.. 4. populns.
Shon.,::g, etc.--Frank A. korr.
CONVICTED.
l,u-,.a.-. ETC.. two couuts-E. y. Naloae
And Patrick Jones.
GRAND Jrnr.
Tia following 10 Judge Atochas charge
to the grand jury:
l;entlem.n OF the Grand Jurr-You haze
been selected as grand Jurors for tha parish
Of Orleans. As such you have important
duties TO perform. and .Much is expected OF
you by your iellow.citizens. Before yoI'
nre brough: accusations against your tel
iow-citizene. and between them an; the
State you are the ar1iters. You are not tG
consider yourselves as public accusers. for
such !s not tho Office oI grand jurors. Your
! Investigations will extend to all crimes and
otfenses within the jurisdiction OF this
court, end It will ba sour duty m
YOU have sworn, to diligently inquire into
all charges brought to your notice and to
present them impsrtially, no mattor against
whom they may be brought. There are Ger:
tain crimes which, from their nature and
the circumstances attendant upon Their
commission, gre Of public notoriety. OF
such crimes the grand jury can take cog
i,izance without their special attention being
directed thereto by the court. the Attorney
General or the district attorney. You have
no power 10 issue any process. but, upon
the application Of your foreman, the court
will ISSUE any process necessary to bring
before yOn witnesses, papers, or whatever
may bo necessary for your Intelligent action.
In your deliberations IL Is your duty to scan
che evidence carefully, and from the evi'
ajepcs presented on behalf of the State to
determine whether there is q probable
s.csuse" that the crime charged has been
committed, and if that crime be within the
jurisdiction of this court, to return an in
dctment into court charging tha parties
properly.
Under the law It Is made the duty Of in
diyidual members of the grand jury to call
the attention Of the grand jury TO any
crime or offense which may be brought To
their notice, or of which they have any
knowledge, aud to make the necessary ex
animation to ascertain who are the guilty
parties.
II, after the Investigation of any case
you should come to the conclusion that
inere has been no offenee committed, or
that the accusation has been improperly
brought. It will be your duty to dismiss the
Hccus alton. and you should return into
court = statement that you nave had such
q case before J on, and that q sufficient NUM-
Der of the grand Jury have not determined
10 find an Indictment. In order that you
tnay veturn an Indictment into court, 1t is
necessary that twelve of your number
should vote in the aifirmative-~a less mum.
ber would be Insufficient.
1t Is = right of the State as well as Of the
accused to know what disposition ia made
Uf ,!le cases brsught before you. The At
Ars constituted the legal sdvisers of the
S?ou them for advice upon the faw. Those
two officers have the right to be present al
alI your examinations and Investigations
sad il is their duty 10 be present wheneve,
the grand jury requests them. They can
assist you IN slicitiDg evidence and in the
examination Of witnesses, but beyond tha,
they should not go: they have not the righ,
10 participate. in your deliberations: 1t
world be- absolutely wrong for them 10 dc
90, and it would ba rcprehe nsible in you tl
y,eSni.. and in these officers to attem pt. the
sDi!uence o. control hy them Of your iudg'
1nent 10 any case. When either :he A:tor.
hey General or tho district attorney pre-.
cents an indictment before you he u. the
came time should turni-h ycu list of wit
slesses tha. are to be examined. Those wit
nesses are called in by you. one al time
g 5s examined. After examining the
witnesses it will be y"ur duty to determine
whether or not sufficient cause exists for
All indictment {" be returned into court.
j: - veGy necessary, though the practice
has heretofore been neglected. tina: the
names Of the witnesses examined bv you
should ben ind,rsed upon all indictments
found. Failure 30 do this often places the
tour. in an embarrassing position. for at
times motions for bail are made upon the
secOrd Hf the evidence taken before the
committing magistrate. and the cour: is
guided bv that evidence in resolving upon
the propliety of granting or refusing the
bail: bU. it may happen that when the case
is brought before the grand jury new wit.
nesses are Introduced on the part Of the
State whose testimony materially strength.
ens the evidence taken be fore the exsmin.
IL. magistrate and places tho case in a con.
diticD that would make it improper for the
eour: TO grant ball or permit the accused to
continue on bail after indictment found.
On this other hand it Is but fair that the
accused should be advised what witnesses
have been examined in support of the &C.
CusatioA brought against him. This does
not preclude the examination Of other wit
hesses than those named on the indictment
at tho trial before the petty jury, but it
enables tho court to act understandingly
The constitutional right of bail is one whicl,
h guaranteed ta every citizen, and great
care must be taken not to infringe that
right, for b" sO doing not only is the citizen
deprived of his liberty, but the law becomes
, source OF oppression OF the 1nost baneful
character.
Where more than one party IS charged
with crime, tho responsibility may no. at
tach to all alike: some may be principals
Others accessories before or after the tact,
in which case the indictment should show
who are principals, and who are accessories
either before or after the fact
A principal in law is the person who ac.
tuaily cpmmits the crime, or who is present
at the time and sanctions BY his presence or
by his interference in the act the commits
sion Of the offense. An accessory before the
fact ia one not present at the commission of
the Offense, but who, prior to its commits
sion, advised or encouraged the principal in
the commission of the particular crime
Accessories after the fact are those persons
who harbor and conceal parties accused, or
do any act, relating to or connected with
tho otfenses, prohibited by law. after the
commission Of the principal crime.
In returning an indictment, where eev-
eral persons are charged, yos will state
who are charged as principals. and who "a
accessories, before and after the fact.
Tbeye are many crimes within the :uris.
s!iction of this court to which can not now
call your attention. but you will receive
from the clerk "a printed list, which con-
sains all that come within the scope OF it's
Jurisdiction. You may. at times, find that
IN Offense Investigated is not within the
jurisdiction Of this court. In such case. it
will be your duty to call tine attention Of
Chs court. the Attorney General. " the
aIstrict attorney to that fact
This court Mas Jurisdiction and control