San Marcos free press. [volume] (San Marcos, Tex.) 1877-1892, 1886-03-04
Judge Telchmueller's Charge to the
Grand Jury.

StsAogropAio Report.
/ do not think II would DO Of any service
10 you 20 explain tho different offensos that
win DO subject TO your Investigation. Tho
District Attorney will advise you ON all
questions OF law. No oaense can DO pros
eouted in our State unless II BIO a statutory
oiiense State oiIenses are divided into fol.
onies and misdemeanors, IL becomes your
duty TO inquire into misdemeanors. Large
offsnses known to the law are to be inyosti-
gated, but to you misdemeanors are ofgieat
importance.
K great many minor oifenses arc liable to
escape unless the Grand Jury gives thom at
tention IL Is true that Whenever tho law Is
violated all prosecutions are made IN the
name of tho State, the State is the offended
party, but invariably some individual is tho
sufferer. He is the injured party, though
the State is the prosecuting party. In cases
of violations of that character tho private
individual who suffers by reason OF II is
likely 10 bring II TO tho notice Of some
county official or 10 appear before you, but
there are minor offenses or misdomeanors
not of n naturo to cause private suffering,
in which society at large is chiefly interested,
so that many misdemeanors, unless investi-
gated by the Grand Jury are likely to escape
with impunity. In these cases II is especi-
ally necessary, where private individual
has no motive to bring Thorn to the notice Of
tho magistrate, and especially incumbent on
the Grand Jury to investigate.
You will derive information from the Dis
trict and county attorneys and the papers OF
the magistrates you will also receive your
chief information from your own personal
knowledge. You are selected from different
portions of the County and regarded as re-
presenting the average Intelligence and
good morals of the community. Whenever
in your community the laws are violated
and the peace and good order in your So
ciety are disturbed, you are likely to know
il and it becomes your duty to bring II to
the notice of your fellow Grand Jurors.
The law requires that no proceeding upon
trial in your body shall DO divulged. This
is not alone for the purpose OF making the
proceedings secret, but in order that the
members of tho Grand Jury may DO unre-
strained in their consultations, their indivldu-
ality is merged in tho body Of the Grand
Jury and whatever he does is the act OF
tho whole body, not of the individu-
al. To observe this is not only q legal OBJ
legation, but every one OF you should feel In
honor bound to observe that condition or
the law which secures that freedom OF dis
cussion in your room which is so necessary
know with many individuals it is o sub
iect of general discussion that the Grand
jury system should be abolished; they are
bitterly opposed to the Grand Jury. There
is no human institution upon which
some objection can not be raised. Upon tho
whole, if you reflect upon it you will find
that the Grand Jury system is the best IN
the world, The most important function
of the Grand Jury is this, that by it tho citi-
zen directly participates in the admlnistra-
ton of the law, In froe country, the ad-
ministration of the law is the most import
ant political function, Degrading 1t political
ly), if not the most important and sacr ed.
The interests of the citizen are directly af-
fected in criminal proceedings and it is OF
great importance that the citizen mmsen
should directly participate in this import
ans essential and by this means make the
administration Of the law effective and
strong. 1t is important that the people
directly participate.
From all portions of the County the aver
age representative men meet here as Jury
to enforce public opinion, Public opinion
ought to control everything, but the public
opinion referred to is not of that underlined
and variable character for which it is some
times misunderstood, but the public opinion
which manifests itself in official form. You
embody public opinion Of the people OF this
county SO far as the law is concerned for
the protection of life and property.
knowledge of the law, knowledge OF tho
leading principles of the law, proper and
intelligent conception of the organization
of society, is of great importance to gon-
eral appreciation of it, Every citizen
should know the structure Of society and by
no one thing can he better become acquaint-
ed with it than by actual participation in the
administration of the law. The knowledge
thus ACQUIRED he takes home, and it is in
this way disseminated among the people.
Only by that means is the capacity of the
people for self-government perpetuated.
Because the functions are 30 important 1t Is
necessary for you to appreciate the whole
scope of it. -
The oath you have taken indicates that
Won shall not prosecute any one from mo-
tives of malice or fail to prosecute from mo-
tiyes Of love and affection. l am satisfied
that cases presented through malice are
yery rare, though failure to indiot from mo,
tives of affection is more frequent. coll
your attention to your position, you areGnot
acting as individuals, you are acting Official
": are not accusing your neighbor, but it IS
the whole body of the Grand Jury.
Another feature about the work OF the
Grand Jury, if not properly considered by
Grand Jurors becomes chief reason for
obiectino to the institution. Your zeGl may
induce YOU to indict persons who should
not be. Many acquittals will impair the ef'
fciency of Justice, but an important fea-
ture is, as you know from your experience,
if any person is indicted, especially for any
offense which is considered disgraceful, II
DESTROYS bis good character, which his mere
acouittal will not restore, but the fact OF his
being indicted for some disgraceful ohense
leaves stain upon his name. AS citizens
of average intelligence, who know exactly
the surroundings, you must guard-scrupu'
lousy guard, against intiicting on persons
this stigma of indictment for such oifense,
or you may unjustly infict on injury tho
law can never repair.
The law makes 1t my special duty where
ever what is called '1ocal option" Is estab-
lishsd to specially charge the jury IN refer
enoe to it. l have been informed that II
one community in your County your citizens
have established local option. In connec
ton with this subject will take occasion to
| suggest some thlnSs upon local oPVioh, Jun
day laws and statutes of similar character.
You know there are differences of opinion
among the citizens. Some believe they are
wise laws of benefit to society and others do
not, and hence the constitution has referred
the subject to the communities directly con
cerned, carrying out the idea OF popular
elf-government-the people are to deter
mine upon the matter for themselves wheth
err the prohibition shall be established Of
not. Now suppose you are opposed to 1t
aug one of you-and vote against it ? Iha
is your privilege, in pursuing that cours'