The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1879-04-18
DUTIES OF A GRAND JURY.

Judge Whitaker, of the supcrio,
Criminal Court of New Orleans, re
Gently delivered the following charge
to the Grand Jury of the Parish oi
} Orleans
! Ge,aAemen-You have been selected
to serve the State in the capacity OF
grand jurors for the parish of Orleans
for three months, unless sooner dis.
charged. For the present you will
meet every day, at 10 a. M, unless the
court should see occasion to alter this
rule. '''
You will examine into the circum-
stances attending the commission OF
any offense or crime within the juris-
diction of this court. The failure on
your part to investigate any such
Offenses or crimes, when they have
been brought to your notice, collec-
lively or individually, is an ofiense on
your part punishable by fine and i'm
Prisonment. q e. - -fsEF -sE
Where the penalty for the offense Is
death, there must be AN indictment by
the grand jury; where tho penalty is
of a lower grade, the Attorney Gener-
al, the assistant attorney general, or
the district attorney with leave of the
court may file an Information. An in
dictment is the act of the grand jury
I recorded In court; an information is
| the act of the officer filing it. The
grand jnry may originate the investi-
cation of cases, and after they have
| made tho proper examination, call
upon the prosecuting officers to pre-
pare a bill in accordance with the con-
clusiOn to which they have arrived.
When the grand jury decides that
there is reasonable cause for believing
the crime has been committed by the
person or persons charged, tho FORE
man will write ON the back of the bill
the words ssa true bill," and sign his
name, adding tho designation "fore-
man." E.a. -l..'-.a.an. -
The concurrence Of twelve of your
number is Indispensable to the finding
OF a true bill. If you conclude to dis
miss the accusation, aud twelve of
your number concur in that conclu-
sion, the foreman will indorse the
words s.not true bili," signing his
naIne as foreman. In either case, the
foreman will append the date Of the
finding. 'H
There may be eases in which several
persons are charged with crime-some
as principals and others AS accessories
before or after the fact. In such cases,
tho Endorsement on the bill must des-
ignate who are held as principals, and
who as accessories, and, as TO the lat
ter, whether before or after the fact.
A principal is he who either commits
the crime himself, or is present at and
assists in or sanctions its commission.
An accessory before the fact is he who
is not present at tho commission of the
crime, but cOunseled or encouraged its
commission. An accessory after the
fact is he who has knowledge of the
crime, after its commission, and aids
its concealment, or shelters the guilty
parties from justice.
Nothing is Il crime in this State that
is not expressly provided for in the
statutes.
You are independent in your delib-
erations. No one can dictate to you
whether you shall or shall not examine
into any case of which you may be
apprised but the Attorney General,
tho assistant attorney general and the
district attorney are your legal ad-
visers. 1t will be for the court to de-
eide all questions where you entertain
any doubt as to your duties or powers.
You should not lend yourselves to the
schemes of designing persons, and in
consider matters that may
be thrust upon your notice, without
with the legal advisers of
the State or obtaining instructions from
the court. F.- Ha.
You are not an absolute body, and
can issue no process. Processes neces-
sary to aid your investigations will be
issued by the court on your applica-
ton, made directly or through one Of
the prosecuting officers. Should any
witness fail or refuse to appear before
you when duly summoned, or to pro-
duce any evidence, or to answer any
legitimate question, you will, through
your foreman, report tho matter to the
court, whose duty it will bc to take
lawful and proper action.
You are bound by your oath to keep
secret your Investigations and deliber
ations and your proceedings in your
jury-room.
The foreman administers the oath to
witnesses and acts as your chairman
during your Investigations and dclib
A deputy sheriff will attend
outside of your rooms, have charge of
the witnesses summoned before you,
and be your executive officer.
The prosecuting officers, each within
the line of duty assigned 10 him by
law, should, whenever case bc SUBJ
mitted for your consideration, cause
the proper witnesses to be summoned,
s.>r >r hat