Daily Yellowstone journal., 1886-09-07
DISTRICT COURT.
Fourth Judicial District.---Hon.
Thos. c. Bach, Presid-
ing Judge.
First Days Proceedings.


Bach assembled to the platform in the
court house and at his request Chief
Justice Wade took his seat along side.
The United States court was opened
by Deputy Sheriff Irvine, and the
Territorial District court by Sheriff
Savage. District clerk McFarlane
then proceeded to empanel the various
juries which occupied the greater part
of the morning session, after which
Judge Bach delivered the following
CHARGE TO THE GRAND JURY.
Gentlemen of the Grand Jury:
Under our system of government
there Is no body of citizens whose
power Tor good aud evil Is so mighty
rs Is the power of the grand jury.
The legislature, IL 10 true, alone has
the power to define what acts shall
constitute o breach OF the law. The
courts alone have the power of infiict-
ing punishment upon those who have
been adjudged guilty Of chine. But
in most cases, without the interven-
ton of grand jury, the laws enacted
by the legislature would be but the
silent voice Of the people; the courts
would be but useless machinery Of gov
ernmeut. The power Of the grand
jury becomes more evident when We
remember that the members of the
legislature and the officers of the court
are not beyond Its Jurisdiction. The
moral sense of this community is con.
trolled by your body. With you rests
the safety of this county and the indi-
yiduals residing therein, and upon the
proper exercise Of your duties depend
the three great rights. the right of
personal liberty, the right of personal
security, and the right 10 acquire and
enjoy property. These are known as
the absolute rights of individuals, but
they are rights which we would soon
lose, IL We were not protected by the
power vested in you; by means OF
which power, when properly exercs-
ed, the weak may maintain their
rights against the strong. and the
poor may protect themselves from the
encroachments of the rich.
No individual can feel, or should be
allowed to feel that he is beyond the
limits of your investigation. There is
no place so sacred or act so silent that
1t can escape your power to search the
deepest rects 81 OF the one or the most
secret motive of the other. To enable
you to prosecute your search, all
archives and records are at your dis
posal; the full machinery of the courts
can be used by you; the prosecuting
attorney is subject to your call; you
csn have compulsory process to bring
any witness before you, and you can
in ell proper cases compel answers to
be given by such witness.
But while your power is so unlimited
you are to exercise 1t so that II may
not become a weapon of oppression.
You should make diligent inquiry
into all offenses properly before you;
but you should hear none but legal
evidence, such evidence as could be
used In the trial of the accused person;
you should present no one through
hatred, malice or III will; you should
leave no one unpresented through fear,
favor or affection. or tor any reward,
or the promise or hope thereof.
The expense entaiied upon the
county by each criminal trial is bur-
den, which, when IL teaches the crimi-
the county can willingly bear. but
when such trial shows no result except
the hasty OF careless action o. the
grand jury, 1t becomes an expensive
burden upon the county. begets indif-
ferenceand the sense of security from
punishment in the minds of those al
ready inclined to violate the law, and
ILLS the public mind with contempt
for the courts and judicial process; the
result Of all which is that the people
take the law into their own hands,
whereby the law Is violated, great
wrongs are done, and u law abiding
community becomes a rabble and
mob TO the encouragement Of financial
success and domestic happiness.
Therefore, although your power bs
great, 1t is limited by low. Therefore,
i call to your attention again that you
are to receive none but legal evidence,
and further Gail 10 your attention
that, although you are bound TO hear
evidence for tue defendant, still II 10
your duty to carefully weigh all evil
dence submitted to you, and when
you have reason to believe that evil
dence within your reach will explain
away the charge, you should order
such evidence TO be produced. In
order to help you in your investiga-
lions the prosecuting attorney may be
called upon by you to examine wit
nesses In your presence or to advise
you upon any legal matter, and II is
his duty to attend before you when
you call upon him or when he
thinks IL necessary so to do
but neither the prosecuting
attorney nor any otter officer or per-
90 except the grand jurors themselves
can be present while you are express
Ing your opinions or giving your votes
upon any matter before you.
II 10 your duty to inquire into all
public officers committed or triable
within the Jurisdiction of this court,
and IL 10 your duty to find an indict-
ment whenever all the evidence before
you Is such as, In your judgment, war
rants a trial jury In Q conviction, II
such evidence remained unexplained
or uncontradicted. II any of you has
reason to believe that public offence
has been committed within the juris-
diction Of this court, such an one must
declare the same to the other members
of the grand jury, and the offence
must then be Investigated by the
grand jury. No Indictment for any
frespass against the person or prop
erty of another, not amounting TO
felony, or for the first offence Of petit
larceny, shall be preferred by you, I'M
less the name of the prosecutor IL en-
dorsed thereon, except when the same