The new North-west., 1879-12-05
NOTES OF THE COURT.
BY m un-oHiciai Reporter.

BY m un-oHiciai Reporter.
MONDAY, December Court convene'
at 10 q. m. Ali the officers present. Also
as attorneys, Messrs. Bpratt 8 Seapletol
and John r. Forbis, of Butte, and Messrs
Napton, Knowles and Robinson, OF Dee
I Lodge.
| The Grand Jury was empannelled
Frank Stevens absent. j. K. Pardee ane
John G. McLain were excused as member
of the Phllipsburg Fire Co.; VIM. Morton
for non-citizenship.
At 1890 the court ordered the prisoners
in Jail brought in for arraignment. The
following were arraigned those having nc
counsel nor means had attorneys assigned
merely to exercise the right of challenge,
viz: John Peters, ]. Hopkins. Maxine
Virnoschs, B. Degenhart, John Clarke,
Edward Bates. ]. j. Kennedy, Pat Ryan,
G.. Metlin, A. Daginault, John Schultz
and John Fosco--12.
Their counsel In each case waived chal-
lenge to the panel and Jurors.
The cases of VIM. Owslay, All You, Jo-
seph Campbell and George Bantz being
called, their counsel also waved challenge.
/ The Grand Jury was sworn and w. A.
Clark, Esq, appointed foreman by the
| Court.
Judge Galbraith then delivered the
charge to the Grand Jury. saying it was
4
his province by virtue of the laws OF the
Territory to instruct them in relation to the
nature and character Of their duties in the
solemn capacity Of Grand Jurors. They
ssgi been summoLed from the body OF tile
scoaanty 10 the duties outlined in lsIeir oath
inquire into and make true present-
n9ant OF all public offenses against the
laws OF the Territory committed. or tria-
BILE, in THU county of which they had or
could obtain legal evidence and also to
perform such other duties as, under the
law, might be given them by the court.
1t was their power and it was their duty TO
make the above inquiry in relation to such
public offenses, and to present them to the
court BY Indictment. The explanation of
the laws governing their action and the
statutes required to be especially given in
charge were stated clearly and at length.
After concluding the written charge, Judge
Galbraith made extemporaneously the fol-
lowing remarks to the jary:
''There are no more important duties
than yours, effecting as they do the peace,
welfare and prosperity of the county. It ia
fact that crime has recently been more
than ordinarily prevalent in this Territory |
and District, but there is mo- warrant for
the advice to antagonize the law by the |
formation of Vigilance Committees and to |
institute Lynch Law and mob violence. |
The experience of ages ha5 demonstrated |
that the strict administration of the Stat
utory Laws and due support to the con- |
stituted authorities is the most efficacious,
as well as the only proper, means for the |
prevention of crime, whether in enforcing
or defending the true interests of society. |
There is matter in this connection to
which | desire in the brlefest manner to |
call yeur attention, and that is the state
ment which has been used and is claimed |
to be the strongest argument in favor of
the existence of Vigilance Committees, or
the enforcement of what is called Lynch
Law. The substance of the assertion
made is that "the best citizens will not 90
apon the jury but will, ON the contrary,
join Vigilance Committees" AS good cit
izens let us hope that this statement has
been made and used ironically. But, lest
it may have tendency to mislead public
opinion, will bestow upon it brief criti-
cism. Whenever an individual belongs to
society he is under moral obligation and
sacred compact that be will perform his
duties as citizen, and among those duties
is chat TO act as juror Whenever duly call
ed upon to do SO. In return for this and
in consideration for these services, society
will and does protect him In the enjoy
meDt of his life, person and estate. This
is solemn obligation solemn compact
between the citizen aud society. Ii ia the
the basis of all governments.
How can that individual be called even q
good citizen, much less one of the best cit
liens, when he refuses to live up to his
solemn compact and obligation to society
1t ought to be matter Of cong .atulation
and pride in every one of MS that now, in
the infancy Of this Territory, we have the
opportunity of assisting In the establish
ment of those institutions of self-goyern-
ment which will inure to the bsnefit of the
people, the happiness of posterity and the
dignity and character of this common
wealth, which is destined in the near fu-
ture to become one of the fairest members
10 the sisterh 20 ID of the Repu bic. one of
lbs brightest stars in the galaxy of States.
Who can doubt the dignity, the honor, the
Importance of his position when summoned
TO sit either as grand or petit jurors
Therefore, say, let him endeaver to per-
form his duty as juror with that courage,
idelity and patriotism which ia inherent
in and characteristic Of his highest
deal of its performance; and our social
fabric will be erected upon the firm and en-
lurlng foundations of respect for and obe-
ilence to the law.
TUESDAY, December 2.-The greater
portion of the day was occupied with mo-
lions and arguments, the result of which
will be found under the formal proceed
ngs. During the. foreaooR, by request of
District Attorney Mayhem, the Grand Jury
was called into court also Bennett Degen-
hart, aud e. e 3. Holland, Grand J 5u1oT,
was allowed TO correct > previous mistake
oe his in answer TO interrogations pro-
pounded to him by counsel for Degenhart
;ouehing his competency as . juror, where
upon Holland was challenged BY counsel
Tor Degenhart and instructed by the court
10 take no part In the proceedings and de-
iberasions in the investigation by the Grand
Jury of the case against said Degenaart.
WEDNESDAY, December 3.-The follow
ng trial jurors were excused w. T.
goarfstnau, fireman Marcus Dalv import +