Arizona weekly citizen., 1882-10-01
lnnrf Matters.

Court -HailefS.
 The following named persons were sworn as Grand Jurors for the Septem- Der term 1892, James H. Toole foreman.
 CT Etchells. R. G. Balcom, H. B. Penney, J. II. Kirkpatrick, Eugene o Shaw, Thomas Driscoll, James Quin- Ian. Alexander Mckay, Adam Sanders, Lyman Wakefield, Jos. Goldtree, Mar GUS Katz, T. l.. Nichols, NJ. J. Sullivan, Geo. Allison, C. e. ShOtwell, C. T. Groff, Theo. c. Fitch, C. G. Ciillett.
 The Court charged the jury as follows:
 Gentlemen of the Grand Jury: In complying with provision of the statute directme 60 charge you upon your duties and the proper exer- else thereof, 1t becomes my duty and a pleasant one to aid you in the proper dlscuarge Of the functions of your office.
 Your task while. laborious one is also one of tine most honorable that falls to the lot of citizen to discharge. Placed as your are as a safeguard and defeuse to the innocent and an instru- ment of justice in dealing with the guilty, each and al! of you who appre- ciate the responsible and honorable office to which you are called, will in the exercise thereof. r.se above all feel ings of malice, hatred, jealousy, or passion on the one hand or friendship interest or affection on the other, and as the law directs act impartlally and without bias or prejudice, guided only bv your reason. ! seek to impress this the more earnestly upon you as the law by vesting n you powers so eX- tenslve that they appeal largely to your judgment and discretion and which are judicial iu their nature, at the same time requires cf you the exercise Of those qualities which l have cited and without which the administration of justice Is farce and its froms mock cry.
 Youare eempowered and it's made your duty to enquire into all public oiienses committed or triable within the county and to present them to the court either by presentment or indictment As thls provision is so broad as to include mls- demeanors triable Tn justices court and as to empower the grand Jury to act upon information resting within the breast of any individual member Of your body, 1t may be proper for me here to state that this honorable lnstltu- tiun still retains powers which were acquired at a time when III the mother country 1t was the only protection that the poor and the weak had against the powerful and the strong, either by dis charging the victim of oppression or bringing to justice the rich and the powerful, and while respect for its past has caused each State and Territory to leave 1t unshorn of its traditIonary powers, yet the machinery in use at the present day largely relieves you of these duties. | doubt not that the provisions authorizing offenses to be first eXamlned into by sa committing magistrate as tending to prevent your time and the public money being uselessly expended ID investigating trivial or malicious charges, the temptation to which Is the stronger in that your proceedings are secret and ex parte, render these provl- sions almost nugatory.
 Where the investigation of any charge develops the fact that II Is a mlsde- meauor triable by a Justice, you will ignore the charge and report It, SD that It may be sent before a Justice for trIal- In all matters of dOubt as to your pow CTS or duties and where instruction IS necessary you may at all reasonable hours ask the advice of the court and uf the District Attorney or some other ai- torney appointed for that purpose, who will appear before you and advIse you. During the examination of witnesses none other, except yourselves and the District Attorney, must be present, nor m their presence are you permitted to take a vote ur express an opinion. All that passes within the jury room must remain a secret locked in your breasts and iu this not Onlyl Is the violation of your oath involved. but your public In- rerests: the exception to this IS only III legal proceedings where you are relieved by the court.
 In conducting your investigations the only evidence upon which you are permitted to act ls legal evidence, viz: Witnesses sworn and testIfying before you, documentary evidence or depOsi- tions taken as provided by statute, and you are empowered where you have reason to believe that evidence exists which would either supplement a case not clearly proven aEd produce a con vIctiun in your minds, or where the evidence in that direction Is positive, which would explain or refute IL, In such cases you are empowered to cause such evidence to be produced aud to act upon It. In other words to neglect to extend an enquiry to its full length Is failing m your duty to the people by allowing the guilty to go at large, or on the other hand to uselessIy cause an innocent man to be put on trlal. Do not find an indictment where the evidence before you unexplained or un- cOutrailcted would not warrant cOnylc- ton by a trial Jury, that Is where a reasonable doubt exists Tn your mind. Your inquiries go also to those persons lying in jail upon a criminal charge and not indicted.
 An indictment is the concurrence of twelve or more of your body Tn criIni- nal charge, lu writing, against a defend ant, which must be endorsed ga true bilI'' and the endorsement signed by your foreman. Where twelve jurors do not so concur you will so report in writing by endorsement signed by your foreman.
 Where a doubt exists in your minds sufficient to prevent the finding of an in- dictment and you deem that public iu- terests require a further investigation into the ofTense and proceedings to be had therein you may find apresentment.
 Another, and no less important branch of your powers and duties extends tO the supervisory power exercised by you over the acts of the public officers of every description within the county. To this end 1t is your duty to enquire into the condition and management of the pub lie prisons within the county and are entitled at all reasonable hours Co free access thereto and as well to the public records of the county.
 This duty and trust Is sacred one and should be exercised with zeal and fidelity, drawn as you are by lot from all branches of employment and indus try. uniting as you do all shades Of po- litical belief. it is a wise provision which commits to yOur care the scrutiny ot the acts Of the public officials, and leaves with such a representative body as you necessarily are, the power Of sealing with your approval the worthy acts of an efficient officer, or of holding mp to public view, and bringing to a de- served punishment the corrupt breach of pubic trust of the dishonest, and to the middle class who are lax and negli- gent in their methods of discharginG their duties, and here IS the origin of most defalcations, your report should be so full and your criticism so honest that the public interest may be prop erly conserved.
 Now gentlemen trusting in you to honestly and faithfully carry out these duties l commit these matters to your care and shall await your action and report thereon. Permit me to take the liberty of requesting prompt action on your part, and ] ask this the more readily as I have hurried back here at the sacrifice of my personal affairs in order that this large amount of crim- inal business may be disposed of and