Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1882-03-23
Judge Bucks Charge to Grand Jury.

Gentlemen Of the Jury:
The statute provides that when an
offense has been committed during the
sitting Of the court after the discharge
Of the grand jury, the court may, in
its discretion, direct an order to be en-
tered that the sheriff summon another
grand jury.
During the present session of this
court certain important papers consist.
ing of dispositions in several important
cases, on the calendar for trial, on file
with the clerk Of the court have been
mutilated, and portions of them with
drawn from the files. The ofense is
very serious one and strikes at the
very foundations Of good order in ali
judicial proceedings.
Under these circumstances the court
by the unanimous request of the bar,
issued the order by which you have
been summoned as special grand jury
at this time. As the offense affects
not only society at large, but especially
the integrity Of the bar and the credit
Of the court, a length of time, somewhat
unusual in such cases, was given to
the officer who summoned YOU, in order
that he might have ample time in the
exercise Of bis discretion in selecting
jurors who should be wholly unbiased
in the matter to be investigated, and
whose action, when announced, would
have the confidence of all concerned.
The important character of your duties
must, presume readily occur to you.
In the discharge Of these duties you
will be undoubtedly subjected to some
anneyances. 1t Is your duty to keep
your deliberations strictly private, but
you may be annoyed by inquisitive out.
side partses who seek, by various de-
vices to ascertain what you are doing
and influence your action. You should
rspel all such efforts, and if persisted
in should report the parties making
such attempts to the court. While
you are seeking to prevent Others from
improperly becoming acquainted with
your proceedings you should watch
with no less diligence and possibly
with more reason, any inclination Of
your own to publish the matter before
you. It is very unusual to find six
teen mon, no matter how good they
may be, among whom there are not
some who will feel inclined to talk to
outsiders about the matters which occur
within the jury room. This inclination
il . weakness Of the human mind to be
guarded against. Such disclosures
are in fact criminal.
You should not allow yourselves to
talk to others or others to talk to you
about such matters.
The attempt to do 30 by outside par
ties is generally prompted by corrupt
motives and for corrupt purposes, and
should be promptly reported to the
court.
The prosecuting officer is your legal
advisor and should generally conduct
your investigations. You are At liber.
~, however, to come into court for ad.
vice whenever you desire to do 90, but
few general instructions are needed.
I will however call your attention Ia
the nature Of the evidence which
should DO offered before you. I do
this particularly because I believe
much of the inconsiderate action oil
grand juries and consequent criticism
upon the system. results from improp.
er evidence heard before them. re-
fer particularly to what is known a
heavsay evidences, evidence which, on
the trial Of charge would not be ad
mitted. and which ought not to "
heard by the grand jury.
| By hearsay evidence We mem that
kind Of evidence wherein tho witness
states not what he knows of his owr
personal knowledge, but what some
other person has told him. BY listen
ing to that kind Of evidence it often
happens that the time of the grand
Jury is worse than wasted in listening
to common rumor and ueighborhood
gossip, instead of brief and simple
statement Of facts, a. personally known
to the witnesses. This loose talk some
times is the foundation upon which
the character end liberty Of men ART
put in jeopardy by indictments found
ON evidence which should never have
been given.
! The result Is that the prosecuting
officer, whose duty it is 70 prosechts
the indictments. finds himself in an