, 1877-08-12
WALKER AHEAD.
Judge Farwell Quashes the In
dictments Against Him.
The Legality Of the Impaneling Of the
Grand Jury Is Sustained.
But tho Indictments We're Too General
in Their Wording

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aeuose4uent te5W tusec - souieoou9 ~ lae
proceedings ol the urand jury Inc motion
was made to set aside all the actions OF the
Grand jury on that ground. I do not know
who made the motion. NOR in whose behalf hut
the matter was brought before him at a saose-
ouent term and he oycrruled the motion, and
almost, as ! understand, without argument,
specially. In the next place, iudee there is
some discnct;on in tbc conrt: :,hat il Is not crerr
.o"'e ~ w. ~ :. ~
nTesnlafltg 1nat compels LUG eoar1 70 quasn
an indictment; that there is some discretion
in the Court, to be exercised in judicious way
for the nurnosc Of iustirc. and where the Court
eau sec taae eoineoous Las oeen "touSso Id
point OF TACT, in some substantial right. There
fore the Court should be jealous in protecting
the rights OF parties, and might be Justified in
As to the point that
THE WORD ssFELoS1oUs''
fs mt rsca it is. IN say the least Of IT, 1,,ite
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ooao1u4' .nnA' iiont tnc .eAI1oooAs' 4'o1l
Bishop and Wharton, and the decisions referred
to, whether that is necessary. Writers seem to
d,,ubt hov our lay does stand Oh the subject.
1.uo' ~" W. 80" uoe' '.,44A W tAe sao1ee'
lne statute clcalN!S 11as oAenser When
speaking al it, does not use
the word "1clonious:'' aud, as
general s1atutc. Al, Indictment in the 1a,quaoc
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o1 Inc s1atatc "ould oc sulnesea'- N scfnc.
Mna. 1uanaE G:sc, Hnets tae statute noo eIcateu
nc onensg l,. o. passlaly ~ nte5hins n1o tAA
,oaa car, Mnicn vas not eufslaIy At common |
LAM anu tac party YVES 1nalctea lot that olensc,
and the Indictment cid not contain the word
which was necessary at common Low Tor an in
dlci1nent LOT ourgiAy, 61roiartously,' that
Objection Was made 10 Tie indictment, and 1t
went TO the Supreme court, and has been d. |
aided IN recent case, and the Court holds that !
this was not burglary at common law. !
and that. therefore. that particular word
should not be required. The rulings |
OF our Supreme Court seem to Be !
Ill In favor Of d1scarding such technicalties, if
they may be called SO, and am not inclined to |
strain 3 point against what seems to be the ten
dcncy Of the Court
With regard to the last objection made, that
this
INDICTMENT IS TOO GENERAL
inasmuch as in saying that lc pcriured himself
because lie had bank account, because he did
deposit money in the bank, because he did draw
out moncy etc, that raises, to nv mind, quite
different question Tic reason OF the objection
there is this: docs this indictment. with suI
ticieut na1ticula7itv show the defendant what il
the perjury which he has committed. SO that he !
can prcparc himself for III That is the mint
Because, no uattcr what technical words nav
be dispensed With, vet think that iustice AMI
law rcnnfre that defendant sbnu1i he fairly |
uot30ed of the ofiease ,yhirn he has committed
50 thai he can nrenare IL defend himself |
witness mon The stani1 j. aste1 re Tr;lI sar
,r;th 1-onr;at1 a1,1 nar+;1,,,,o,, ~ s,,ae.;t,,
which thar hare a r1gnt to M. x H1vc vo,
eyer committed IarccnTl, a. s,1rnnse tAcr havc
rirtt tn mt that o,;cst;on f1r thc ,n,rno.c If
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