The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-04-10
CHARGE TO THE GRAND JURY.


by Judge Geo. H. Braughn, acting as Judge
OF the Superior Criminal Court, during the
illness Of Judge A. A. Atocha, the following
extracts are taken:
Gentlemen Under the law, the judge of this
court, periodically, selects sixteen citizens, to
constitute the Grand Jury for the parish OF
Orleans, during the period of three months
from the time Of their being impanneled, un-
less sooner discharged.
When l Temporarily assembled the bench Of
this court, in February, l thought it was but
for brief period. l did not think that this
important duty would devolve upon me; but
the unfortunate continued illness Of the dis
gentleman who presides over this
court, has decreed that l should act for him
in this respect, and have done SO. In select
ing you, gentlemen, l endeavored to choose the
best available material, without prejudice to
any portion Of our population. l am satisfied
that have made worthy selection, and
one to which the interests of the parish can be
safely confided.
The regular session of this court Will ter
inmate on the last day Of the ensuing month
of May, but the Judge is empowered to hold
special sessions whenever the public interest,"
may require it. Should there be no special
session. you will not be called upon to perform
any duty after the expiration OF this regular
term, but if it be otherwise, you will continue
to act for three months ensuing.
Grand juries, gentlemen, ere high puolic
functionaries, standing between accuser ana
accused. They are the great security to the
citizens against vindictlve prosecutions,
either by government or by political partisans,
or by private enemies. In their Independent
action. the persecuted have found the most
fearless projectors; and in the records OF their
doings are to be discovered the noblest stands
against the oppression Of power, the virulence
Of malice, and the intemperance OF prejudice.
These elevated functions do not COMFORT with
the position Of receiving individual accusa-
tons from any source, not preferred before
them by the responsible public authorities,
and not resting in their own cognizance sufii-
cient to authorize presentment.
Grand juries had their origin in England,
at time when the conflicts between the
power of the government on the one hand,
and the rights Of the subject on the other,
were fierce and unremitting, and they were
wrung from the hands Of the Crown IS the
only means by which the subject, appealing
to the Judgment OF his peers, under the im-
munity Of secrecy, and Of irresponsibility for
their acts, could be rendered secure against
oppression. Happily, in our country, no il
lustration of its value in this respect has
been furnished But it was nevertheless in
tloduced among us in the sane spirit in
which it took its rise in the mother country,
and, as the very language of the Federal
Cor stitution shows, was designed to be q
means Of protection to the ci liens against the
dangers of a false accusation, or the still
greater peril of a sacrifice to public clamor.
That language is, 'that no person shall be
held to answer for capital or otherwise IL
famous crime Except i'll cases which. are
enumerated), unless on presentment or in
dictment OF a grand jury
Acting within this sphere, tho institut ion
of Il grand jury may be regarded, not merely
as a safeguard to private right. but an in
dispensable auxiliary to public justice; and
within these limits, it is the duty alike OF the
Legislature and Of the people to sustain it il
the performance of its duties. But when il
them, when it can be used for the
qualification Of private mallgnity, or when
wrapping itself in the secrecy and immunity
with which the law invests it, its prerogatives
are prostituted for purposes frowned upon by
every principle Of law and human justice, it
may become an instrument dangerous alike
to public and to private liberty.
Therefore, you see, gentlemen, that q grave
rests upon you as grand jurors.
| am satisfied that you are worthy Of the same,
fully and to the best interest of the people of
this parish.
As you should enter upon the discharge of
your duty and exercise the high powers you pos
sess understandingly, desire your attention
while pretty give you some instructions as
to how your duties are 70 be performed and
your high powers exercised.
[Fuli aud complete instructions as to the
duties Of the Grand Jury followed.1
Judge Braughn concluded as follows:
Heretofore, though the rules Of practice
and proceedings under the common law were
adopted by statute of this State, the common
law powers Of courts Of criminal jurisdiction
we're not conferred upon the criminal court;
but, under the'law establishing it, this. court
has all the powers of a criminal court under
the common law. The power is specially
granted to issue writs Of habeas corpus for all
purposes of that writ, wri.s of mandamus and
Ill other writs and processes necessary to the
Of its Jurisdiction and authority.
The court has been in operation for nearly
year. Its creation supplied a great neces-
,ity in the administration of criminal law,
md its excellent working has been beneficial
20 the community, and contributed largely to
he suppression of crime. As a temporary
occupant of the bench, sitting as I do for
Judge Atocha, who is prevented by severe and
illness from performing MS Iunc-
lone, deem it my duty to congratulate the
people of this parish on the possession of
uch court. 1t is a tribunal calculated to
inspire respect, and one wherein justice is
without fear or favor. It is a monu-
nent to the fine Judgment and experienced
egal knowledge Of Judge Atocha, who framed
he act which gave the court life.
1 deem it my duty, in this connection, to |
peak approvingly of the new jury system in
ngurated through the act creating this court. |
rhe composition Of the grand jury and the
,etty jury to- day are the best evidences Of its
EXCELLENT working. Under the old systems,
he worst portions OF our population COM
POSED the greater part Of our jurors; under
he present laws the reverse is the case. It is
common occurrence now to find old citizens
loing their first jury service. The result of
il this is correct, just and honest admins
ration Of the law. AS have said before, for
IL this our community is largely indebted to
he Hon. 4. A. Atocha. trust that his life
nay be spared and his strength renewed, SO
hat he may enjoy the fruits and the benefits
# his beneticent creation.
There is only one other subject, on which
ae1 il necessary tO CHARGE Won SDecially 1t |