New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-04-21

commission of the crime: an accessory before the
t Set Is ne VINO is not present at the commission of
| Tue crime, out e0unseled or encouraged its COM
mlsslon an accessory after the fact is he who ha
knowledge OF the crime after it's commission and
alds us or shelters the guilty parties
| from justice The accessory before the fact suf.
fers the same penalty as the principal; the Access
sorry after the fact is punished at the discretion Of
the coart, as in cases of misdemeanor. These are
| mere general definitions which will be explained
| more fully in the course of your Investigations
| In order TO find a true bill absolute certainty ia
not required, it is sufficient if there be reas enable
| probable cause; but the concurrence of twelve of
| your number is Indispensable.
Nothing is a crime in this State that in not ex,
| pressly provided for in the statutes. The pro-
visions OF the statutes, however, are ample to
laws upon the statute book were rigidly enforced.
we would have here the best regulated and most
peaceful community.
| In your deliberations you are to consider your.
selves independents no one has the right dictate
to you whether yOu shall or shall not examine into
| any case OF which you may be apprised; but the
Attorney General ana district attorney are your
egal advisers, upon whom YOU can call for advice
| on the law, and it will be for the court to decide
all questions where you entertain any doubt TO
your duties or powers You should not lend
yourselves to the schemes of designing persons
ane lncautlously 1nsider matters that NAV be
luIIs. upon your hotce, without consultation
with the legal advisers OF the State or obtaining
| instructions from the court. You are not an abso
iute body, and can issue no process. When any
process is nece. aid in your invt stiaa.
tons it must be issued BY the court upon your APP
pncaton, either direct or made through the At
torney General or district attorney. If witness
| or evidence is required the proper order of the
| court viii be made. Should any witness fail or
refuse TO appear before you when duly summoned.
| or to produce any evidence to answer any
legitimate question, you WILL through your fore.
man. report the matter to the court, whose duty it
Will be to take whatever action may be lawful and
proper under the circumstances. You bound
by your oaths to Keep secret your Investigations
and delbel ations, and your proceedings in your
jury room. The foreman administers the oath to
witnesses. and acts as your chairman during Your
Investigations and deliberations. deputy sheriff
will attend outside of your rooms, have charge of
the Witnesses summoned before you, and be your
executive officer.
The Attorney General and district attorney,
each within the line of duty assigned to him by
law, should, whenever either submits o case for
your consideration, cause the proper witnesses to
oe summoned ana give yon some Information OF
the character OF the case, in order that you may
act uDdeIstandingiy Upon the efficiency and
practical conduct of these two officers much de-
penis the successful administration Of criminal
Justice in many respects, as for instance in the
assignment and preparation of cases for trial. they
are independent of the court. Neither has the
right to be present at your deliberations but IL is
exceedingly proper that the other should
at times be present at the examination Of wit
nesses, specially If requested by you, and advise
you as to the nature OF the case and the law ap
plicabe thereto
need not remind you, that under the constitu.
ton and the laws of the United States and of this
State, al men have equal rights, specially SO in
court OF justice. While you are grand jurors YOU
should not forget the oath you bave taken to pre-
sent no one through fear, favor, malice preju.
dice. By men of intelligence and honesty, any at
tempt TO prostitute their offices for the purpose Of
oppression, will be regarded, not only derogato-
ry to law and common Justice but as conternptible
and indignantly to be condemned. Courts Of JUS
tce are not political arenas in which Judges
may engage in tits with imaginary. political
phantOms, and ventilate their political bias
OF prejudice, and it is certainly equally unbecom
ing to judges and jurors to seek political capital
for themselves or the party they adhere to, by de-
voting time to Investigations making present.
nents upon unfounded and sensational accusa-
tons, AS independent citizens, as honorable men,
You should do your duty tearessly, regardless of
consequences and i give the assurance. that
whenever you call upon the court to render You
assistance in the performance of your duties. it
Will be given to the fullest extent of the powers
vested in the court by the law creating it and the
laws applicable to its proceedings.
The jurisdiction Of this court extends to Offenses
where the penalty of death, or imprisonment for
life, or imprisonment at hard labor for more than
five years is impossible. Those punishable with
death are such as murder, rape, shooting, stabbng
or thrustlng with intent to murder while lying III
wait, or while attempting to perpstrate any arson,
rape, robbery, etc, entering dwelling house in
the night time armed with a dangerous weapon
with intent TO commit any crime, arson and trea.
son to the State. These are the main OfTenses.
Under the general definition OF otfenses, the
penalty for which may be imprisonment at hard
labor for more than five years manslaughter,
the cline against nature with mankind or beast
incest, shooting with Intent to murder, mayhem,
attempting to procure premature delivery or abOY.
ton, forgery, burning in the night time house or
store where no person resides; burning house,
store ETC., in the day time; setting fire to fences,
piles of wood sheds, boards, mmber other com
bustlble matter by means of which any house or
vessel, steamboat or water craft may be burned.
attempting to set fire to house, preparing COM
bustible materials for the purpose OF setting re to
house or store, burglary without being armed,
burglary of any store warehouse clubhouse, per.
Jury, resculng persons found guilty of capital
onenses, rescu1nE persons committed for capital
otfenses embezzement, breaking or cutting the
evees, and other Otfanses which it would take un.
necessary time to enumerate, but in reference to
which You Will experience no difficulty, for, |
have already stated the advice of the Attorney
General and district attorney and the instructions
OF the court are at II suitable times obtanable by
you.
The.court has Jurisdiction also of Otfsnses spe.
cIally set forth IN the act creating il, which You
OF violations OF the election and registration laws
the laws Furnishing bribery, prohibiting unlawful
assemblases and the carrying OF concealed wea-
pons. To the latter otfense deem it my i'm pera.
tive duty to call your most earnest attention. be.
cause firmly believe there is no violation of law
destructive OF public peace so calculated 10
produce crime and in itself involving so largely
the tranquility of the community. In far as it
lies with me- SO long as anu presiding officer of
this court, shall use all the power in nv control
to compel the strictest contormance to the prOvi.
sops of the law against this Orfense. 1t is useless
to tel citizens OF your understanding that unless
this law is enforced there is safety for life,
protection to the person. 1t ia lamentable to
Know that ndividuls claiming the highest respect.
ability make of themselves by day and by night
walking areenals, and by their example encourage
those VINO are ever ready to take advantage OF a
Ike state of things to go about with weapons con-
cealed on their persons, ready at any moment
upon the slightest or without any provOcation to
use them, with fatal effect in many instances
loe kerson or passers by. If check be placed on
this practice of carrying concealed weapons
by a Iisid application of the penalties of
The law, at least twotbirds of the assas.
sinatlons and homicides would thereby be
prevented. venture to predict that If you
gentlemen, and the officers of The State and the
magistrates of the city, will faithfully cooperate
with NE III this respect, it will not be long before
THIS community, instead of being looked upon as
one in which the taking Of life is made light of,
viii come TO be regarded of tho most law |
abiding, peaceful and orderly.
Complaint IS urged that the police Of the CITY
are armed with deadly weapons. / admit mat |
under ordinary circumstances the practice is rep |
Iehenslble, and that, except in moments Of great
c0Inmotion and danger, the police sheuld be re- |
trleted to the carrying of the club; but not this
practice the necessary consequence OF the well |
known fact that every fourth fifth man you |
meet upon the streets IS armed with some deadly |
weapon!
Among the other crimes within the jurisdiction |
Of this court are, conspiring to commit crime,
lnlug and conspiring to oppose the execution Of |
he laws. aiding and c0unseling oppos ton to the |
avs, and hindtrDg or delaying the performance of |
he duties of public offc. RS. Violent opposition to
aw, It's administration execution, can never be |
productive of good results. There is pie remedy
or all wrong, # properly sought, invoked at the |
proper time, and judiciously applied.
Malteasance, extortlon or oppression in office,
IND ofenses by or against State or municipal OFF,
,ers as such, are also within the Jurisdiction of |
his court, as well as the attempt to bride grand
" petty juror. i
Larceny has been divided into grand and petty
arceny. Grand larceny, trable in this court CON
ISIS in the taking and carrying away, with felo.
Nous intent, property of the value of s 100 or
more.
Heretofore, though the rules of practice and the |
Proceedings under the common law were ADOPTED |
" statute of this State, the common law powers |
II courts OF criminal jurisdiction were not CON
Erred upon the Criminal Court; but, under the |
aw establishing it, this court has all the powers
Il q criminal court under the common law The |
ower is specially granted issue writs OF haheas
orpus for all purposes of that writ; wrts of man.
ANUS and all other wits aud pros sses nece ssary
o the enforcement u It's jurisdiction and au- |
hoTity.
The grand jury should at least once during its |
eTin Visit the Prisons and public instit utions of |
Uaflsb, and examine into lue manner ~ |