The weekly Arizona miner., 1878-11-08

mitfed. produces in your mind convictlon, and you have reason to believe that other exists. which If heard by you, would modify or disprove the facts before you, that It Is not only your right, but yeur duty, to cause sucb evidence ta be produced, and m that behalf you may hear the party accused
 The result of your deliberations, when a charge is found proven, is to be returned oy you to the court either by indictment or presentment.
 An indictment IS your fornadt and posi- tive accusation charging person with me commission of public Offense, and must be favored by the votes of st least twelve jurors.
 Before presenting It, you must ind two tbinos proven to the extent that have al- ready stated, viz: ..
 1st. That a public offense, triable Tn thls county, has been committed.
 2d. That the person charged has commit ted it.
 A presentment is your tJorn'dt statement representing to the Court:
 list. That d public otfense has been com mitted which is triable III the county.
 ed. That there is reasonable grounds for believing that the party named ny you has committed 1t.
 presentment, is only resorted to, when the commission of the offense IS clearly proven that. and the evidence as to who Is the guilty paarty, leaves in your mlnds substantial doubt; but when such evidence is still sufficient, to furnish in your Judg ment. reasonable grounds for believing, tllat the party you name has committed It.
 If in your Investigation you should be compelled to ignor charge on account ol the insufficiency of the evidence before you, and it shopldse your belief that other eyi- dence, not produced, exists, which Ii pro- cured. woold authorize the finding of an in dictment, it is your right to state these facts to the Court, and recommend that the charge be submitted to another grand Jury. | In all these matters of fOlm, and as to what is or is not legal evidence, the District Attorney, who is to attend you, will assist and advise you. .,
 You have also the right, at all reasonable times. to ask advice of this Court, or of its presiding Judge, upon any and all matters that may be pending before you; and upon your request, it will give me pleasure to as- sist you in that regard.
 | Your sittings are to be exclusive. No one has right to be present except the I District Attorney, the Judge when advising YOU. and such witnesses, one at tune, as you may desire 10 examine, and all these are to be excluded at the time of deli5cra- tion upon your vote.
 The law also enioins upon you secrecy, and makes your acts and votes also prlvil- eged. The subjects of your deliberations, your opinions expressed, your votes cast, and the teaimouy of the witnesses given, all should remain forever locked within the walls of the jury room. To publish or i'll any manner disclose such is a clear viola | ton of your duty. And 1 feel it incumbent upon me, to insist that this duty be strictly observed by you. The practice Of disclos- ing the proceedings of the grand jury, by the grand jurors themselves, especially dur ing their Sittings, Is too prevalent in thls community. It destroys the efficiency of
 your labors, and may result in irreparablc public injury. 1 therefore impress upon you, to observe strict secrecy, as to all the occurrences in the grand jury room. Make no disclosures, unless it be TO the District I Attorney, or to this Court when seeking ad- wise, as the law permits you te do. Any viO- latiOn of this duty, when brought to the at tention of this Court, will be taken cogni- l zance of and punished accordingly.
 In connection with my instructions upon criminal matters, l deem it my l.duty, at the present time, to specially call your attention to the necessity of protecting the purity of the elective franchise, and of the ballot box. Ru- mors of frauds, in connection with the cleo; tions prior to the one just past, are current in the community. These rumors embrace of hn nln of l. most every conceivable nature; from the purchasing of votes to the bribing of the Il canvassing officers. What element of truth these rumors contain, am unable to say. If they are founded in fact, it pertains to your duty to expose such frauds and illegal and corrupt practices, and to bring the per lpetratorS to just punishment. No commit nifty can attain prosperi V, and maintain healthy and substantial growth, which sub missively tolerates corrupt elections, and corrupt electoral practices. It Is an evil which reaches the root of society. ramiies with every branch of it, and bears fruit, which may not always be observable, be- cause too universally distributed, but which is nevertheless as baneful to political and social health, as the open and unpunished toleration of larceny, roJjery, lijel or murder. The evil docs not wholly lie in the shock to pubhc morality received in consequence of open transgression of right and law, but also in its practical effect upon every indi- vidual of the community. If submitted to, it enters your legislation and gives celor to your laws. It will lower the standard of the official morality of your judicial and executive officers, until it reaches that guage, which the puclic prescribes for electoral purity, sndieventuslly jeopardizes your per sonal liberFy and rights of property.
 I, therefore, instruct you, that it is your | duty to diligently and couscienciously ex- anime into all complaints of fraudulent or | illegal practices in connection with the cleo ton, just past, and if sufficient evidence ex- ists, under the rules that have given you, to present the tranSgresSorS for trial and punishment. Investigation of frauds, in connection with the election prior to the one just past, may not lead to beneficial results, and deem it wise, therefore, to advise you to confine yourselves to the recent election. with the hope that your yigilerce in such matters may, at least, prove a warning. and prevent the violation of election laws ill the future. Either the district attorney or my self will, hereafter, explain to you the essen- tlal elements of the various crimes under the election laws; and in evils which can not be reached under the Territorial enact mehts, will hereafter instruct you, when I shall have empanneled you as United States Grand Jury, to proceed under the acts of Congress, which are ample for all pur- poses.
 Then, on other duties which the law inn