The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1881-04-09
District Court,
First Week of the April Term-Jude Chez
vers' Charge to the Grand Jury-Synop-
SiS nf tho R,,.xnoar

District Attorney +. B. Earhart, Messrs
II. N. Sims, +. N. Pugh, Frederick Duffel
r. NJ. McCulloh, Paul Leche and Joht
II. 1lsley, Jr. The roll of first week .iu
rors was called, showing thirty-seven il
attendance and thirteen absent Several
Of tle latter reported later in the day.
The Judge appointed Col. L. A. Brin.
gier foreman Of the Grand Jury and the
following were drawn and empannelcd as
the remaining members of that body:
Jesse Cook, Alex. Treadwell,
Gregore Leblanc, Gerard Hebert,
Henry Braud, Bienvenue Hebert,
Prosper Camel, Hercue Gautreau,
Ed. ID. Libau, VIM. L. Tearney,
Sharper kelson, Soaring Taylor,
Adam Dugas, Christoph Diez,
L. Aimee Richard.
The District Attorney announced that
he would be occupied with the Grand
jury during the week and would not lie
able to try any criminal cases until the
second week Of the term, wherefore the
first week jurors not drawn on the Grand
jury were discharged. Judge Cheevers
then read the following written charge
to the Grand Jury:
Gentlemen Of the Grand jury
You have been empanneled and sworn
as the Grand Inquest of tho parish Of
Ascension, for the purpose of investiga-
ting and lnqniring into all crimes, often
ses and mlsdemcanors committed within
the limits OF the parish of Ascension and
within one hundred yards of the bounda-
RES Of any contiguous parishes. 1t be-
comes my duty as Judge of this Court to
instruct and inform you Of the nature
and extent Of the responsibilities
you are about to assume, and to impress
upon your minds the gravity of the
duties you are about to perform. This
is commonly called the Judges charge
to the Grand Jury. Your body is COM
posed OF sixteen good and lawful citizens
OF the parish, one Of whom has been
will be to preside over all your delibera-
lions. He has taken the following oath:
YOU A. b., as foreman of this Grand In
quest, do solcmnly swear, that you will dill
gently inquire and true prescntmcnt make
OF all such matters and things as shall he
given to you in charge; the counsel of the
State, OF your fellows ana, ADur own you
will keep secret. You will present no one
from envy, hatred or malice, nor leave any
one unpresented for fear, favor, affection,
reward, or the hope thereof; but that you
will present all things truly as they come
to your knwledge, according to your under
standing. So help you God.
You have also taken the same oath your
foreman has taken to preserve secret
all transactions happening i'll your body
The impressive bonds of the oath you
have each and all taken, explain what
scrutiny, earnestness, inpartiality and
devotion to the State veal is expected of
you. Let the true meaning of that oath
be etcrnally engraved upon the tablets
OF your memories. Your foreman has the
power to administer oatlis to all persons
brought before you, and it is his duty to
sign all indictments you find, whether
he agrees with you or not. Any twelve
of Your body can find true bill Of IN
dctment before a charge comes into
court, and, under the term of indictment
is officially presented in the name Of the
Grand jury by its regular foreman. 1t is
first known as a "bill," or proposed
charge, written out and prepared, either
originally by the District Attorney or by
him at the suggestion Of the Grand jury.
" hatevcr the case may be, that hill is
discussed by the members Of the Grand
Jury, and the result, namely, the finding
Of "a true BILL, or the ignoring of it, is
expressly declared i'll open court by the
foreman, speaking in the name and by
OF the whole inquest. Twelve
out of the sixteen members of the Grand
JurS must concur in the finding of any
true bill, and unless twelve do SO find,
the bill is said to be ignored; which IS
then shown by the words, " Not a true
BILL Endorsed upon it, and as in the
ilrst alternative, signed by the foreman
in his acknowledged capacity. But
whether true bills be found or ignored,
as above explained, the conclusion of the
Grand jury, il the one as well as in the |
other case, must, nevertheless, be made |
known to the court. An Indictment is a |
written accusation of one or more per
sons Of crime or misdemeanor presented |
to and preferred upon oath or affirmation
by the Grand Jury. The difference be-
tween IN Indictment and a presentment |
IS that IN the latter instance the Grand |
Jury takes notice Of the crime or otfiense
from their own knowledge or observa-
ton without amy bill OF Indictment laid |
before them at the seat Of the govern
ment. You should be entirely among
yourselves while discussing, in your own
way, any and all questions submitted to
Sour consideration. Not even the Dis
trct Attorney Your legal advisers
allowed to be with you during the ex-
preston of Your opinions, or the giving
u your votes upon any matter before
you. But his presence among you when
witnesses are i'll attendance, and even
It other times, is not only proper but
often Indispensable in order that you
nay be guided i'll the calculation of the
acts to be proven and be fully informed
i all the features and legal bearings Of
he case under investigation. You will
ndlct no man out of malice, i'll will OF
Iou will let no guilty person
,scape punishment from fear or favor.
[ he prosecution before the Grand Jury is
III on one side and unless a probable
'ase is made out you will not put an in
hence. The Grand Jury cali adjourn for
hrcc days at a time, but for longer
inc leave of the court must he obtained
section 2139 Of the Revised Statutes of
louisiana makes it the duty on the part
# every Grund Jury, during it's term of
ervlct, to inspect the prison and make
eport to the court Of the manner III
Which the prisoners are treated. "And
t says the Statute, any of the Sheritts,
allors, prison keepers, or any Of their
deputies should be presented by them for
lot having complied with the laws re-
,afdlng the treatment Of prisoners, he or
hey shall! ~ fined i'll q sum not exceed
ne two hundred, dollars. 1t is also Gus
onlary to inspect and examine all the
public offices Of the parish, the Clerk,
Sheriff, and Recorders offices, and make
eport t" the court as to their condition.
t i also yonr duty to examine the
cooks Of the Parish and School Treasurer