Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-09-29

E. P. Bassford, E. A. @. Hatch,
W. F. Van Duyn, E. N. Hughson,
Andrew Winter. M. d. Miller,
Daniel D. Williams, Myron Brown,
0. o. Cullen. George Fetsch.
Judge Brill appointed j. c. Boyden as fore
man, and after they were sworn proceeded to
deliver his charge, which after reading the stat
utes governing their actions, was as follows:
JUDGE DRILLS CHARGE.
Much is said in these times about the value
or want of it-of the grand iury-ss an agency
for ferreting out and Furnishing crime. The
grand jury originated many years ago, when
the sovereign was all-powerful and the citizen
held his life and property by very precarious
tenure. The grand jury originated In desire
to protect the citizen from the oppression of
the monarch; and it was written in the magma
c7aa7td that no person shall be held to answer
for capital or otherwise Infamous crime, or
for any offense above petit larceny, unless he
shall have been previously charged on the pre-
sentiment or Indictment of grand jury. The
same provision is found in the constitution of
the United States and of this State to-day
Circumstances have greatly changed since this
concession was forced from England's unwilling
m monarch. Indeed, in this country, nosuch state
of affairs ever existed. Such a thing as pros
ecutions for State reasons is unknown in this
country, at least in the State courts. Citizens
are not imprisoned because they are personally
obnoxious to the ruling power. The common
law in its great regard for the life and the lib
erty of the citizens ia strained to its utmost
for his protection. A speedy trial is assured
to the accused, and the weapons of defence are
placed within bis reach. In view of the state
of society in this country and the condition of
our laws, the proposition to abolish the grand
Jury may be worthy of consideration. But,
the grand jury has not yet been abolished in
this State, and it is necessary for us to treat
it as part of the machinery for administering
the criminal law, and an essential and most
important part, and to consider its functions
as such.
As indicated by the povision of the constitu-
ton to which I have called
your attention, no person can be brought
to trial for any offence above the
grade of misdemeanor, except upon the pre-
sentiment or indictment of the grand Jury. In
other words criminals cannot be punished and
crime suppressed without your cooperation.
The peace and good order of the community
are then to no uncomfortable degree, placed
in your hands. But you should also remember
another fact which follows from what L have al
ready said, no innocent person can be put to
the disgrace of public trial for crime, snd
the expense and inconvenience attending there
on without the action of the grand jury-its
mistaken action. These brief statements of
the effects of your action, Dr. failure to act,
enough to impress upon you the Importance of
the work you have to do, and the necessity for
the exercise of the utmost care in doing it.
You should diligently enquire" and present
things truly as they come to your knowledge"
attention to the portion Of the statute
which read in your hearing, and the clause of
the oath you have taken respecting secrecy.
You are to keep secret the proceedings of the
grand jury room except as disclosed in court,
and this not alone while you are in session; the
seal which the law places on your lips when 1t
calls you to become its minister, goes with you
to the grave. To disclose your doings is to
warn the criminal not in custody to escape. It
is to remove the shield which the law has care
fully placed over him who may have been I'M
Justly accused before you. 1t is to destroy
the independence and fearlessness of the indl-
vidual juror. and thus destroy the efficiency of
the grand jury. Individuals often hesitate to
institute proceedings against the powerful
criminal, or to attack the public abuse which
ministers to the greed or lust of INSCRIPTIONS
men. It is because of this, in part at least,
that the law has taken such care to secure en-
tire freedom of action on the part of the per-
sons composing the tribunal-you may act
with entire freedom if your individual action
can never be known.
have already occupied more time than I
usually do in calling the attention of the grand
Jury to their duties because it has seemed to
me that there has never been time when
greater care was necessary to be observed in
the administration of our own criminal laws
than now. There has barely been morning for
months when the daily newspapers of our city
have not disclosed to the public sickening
array of crimes. All sorts of thievery and
swindllng have become too common to excite
surprise: murderous assaults are familiar oc-
curreEces.
That class, to be found in every community,
among whom human life is held in slight es-
timation, seems to be large and bold, sand the
knife, the pistol, and thesbludgeon are used
upon the slightest provocatiOn. The punish
ment of such men ought to be swift and GER
tain. No maudlin sentimentality should him
der the prosecution or annul the judgment OF
the courts after it has been pronounced. HUI
man life is too sacred thing to trifle with.
The stress must be great when it Gamble taken
with impunitY. The killing is justifiable In
defense of ones own life, or when necessary to
prevent the commission of felony
upon ones own person. But no mere
words, however aggravating their nature,
nor any insult however base, can furnish an ex-
cuse for homicide.
We ought to perform the duties which are
now upon us that the criminal classes, if they.
cannot be taught respect for human life and hu-
man rights, may have a healthful fear OF the
punishment which is sure to follow their acts
of violence.
deem theses general remarks in connection
with the provisions of statute and have read to
youiand the comments made thereon, all that ls
necessary to say to instruct you in the duties
you have to perform.