The river press. [volume] (Fort Benton, Mont.) 1880-current, 1886-04-28


and it is upon this principle alone that I
make this statement, and L make to the
court a motion that the grand jury be dis
charged and venire issue returnable for
another grand jury tomorrow morning at
8 o'clock.
JUDGE wADE's DECISION.
In rendering his decision on the motion
Just made, the court said:
This is serious matter in more re-
spects than one. The grand Jury is part
Of the court, and if the grand jury is not
properly constituted it is like crippling the
right arm of the court in the aGministra
tion of the criminal laws.
The people look to the grand jury, and
have the right to look to the grand jury,
under our system of laws, for the protec-
ton of society against crime, and any sus-
picions that the grand jury is improperly
drawn, improperly selected, for any par
tcular purpose, destroys the usefulness of
the grand jury.
We often read ofjuries having been Sc
lected and packed, in other places, for the
purpose of securing the acquittal of GER
tam individuals. and to defeat, as to them,
the operation of the criminal laws. / have
never known anything Of it in this terrific
~, but wish to say here and now that
no grand jury that has been drawn by a
tainted hand can serve in this court.
Commissioners have q great deal Of
power; in the selection of jnries they are
absolute, and, unless the court takes it i'm
to it's own hands, do not see anything in
the law to prevent their selecting a jury,
if they were all of them bound over for
crime, to await the action of the grand ju-
ry; do not see why they could not select
a Jury that would fail to indict them, and
select trial jury that would fail to con-
vict, but a commissioner who has been
bound over to avail the action Of the grand
jury if he had any manhood about
him, or any sense of decency, would
utterly refuse to have anything 10
do with the selection of the grand
Jury, and if he acts under such circnm-
stances the presumption is that he acts for
purpose, but no grand jury can serve in
this court that has been selected by man
bound over to await action.
The gentlemen composing this grand
Jury look like respectable men, and be-
lieve they are, but not being properly Sc
lected, properly drawn, they will have to
be discharged.
The people look to the court; they look
to the grand jurors for an impartial and a
thorough enforcement of the criminal
laws. They look to the court as the foun-
tain Of justice and they have the right to
believe that the law will be impartially
enforced but it would be mockery upon
Justice to permit a grand jury, selected by
a man who has been bound over to await
their action, to serve as a grand jury. !
should feel as if the court was tainted
with fraud if it permitted any such thing
to occur, and so long as ! have any thing
to do with the enforcement or administra-
ton Of the criminal law here I shall en-
deavor to take such action, always, as will
secure the impartial, the rigid, energetic
enforcement of the law, and to that end /
shall discharge this grand jury and select
another in pursuance of the statute.
Gentlemen, you are excused from any
further attendance or. this court.
A special venue was then issued and the
following persons have been summoned to
appear and stherein fail not'' tomorrow
at o o'clock a. M: Jere Sullivan, John
H. Green, Sam Kohlberg, H. j. Wacker-
lin, Dan Holland, Jerry Collins, Ed W
Lewis, A. Nathan. f. G. Roosevelt, Chas.
W. Price, C. H. Boyle. W. S. Stocking,
J. M. Boardman, Chester Eaton, Gee. W.
Moore, Ed. r. Smith, E. G. Maclay, g.
G. Griffith and Alex. C. johnson.
The civil docket was then gone through
with and several arguments on demurrer
set aside for hearing.
THIRD DAY.
Court met at nine o'clock this morning
The following gentlemen comprise the
grand jury as finally settled upon: 4, Il.
Green, J. NJ. Boardman, G. G. Griffith,
&. W. Lewis, Jas. Gillett, F. G. Roose-
velt, a. Nathan, H. =. Wackerlin, Dan
Holland, Mike Lynch, a. B. Hamilton, O.
j. Gibson, Q. H. Boyle, JOS. Sullivan, u.
VIZ. Luke and Il. McCune. Mr.. @. H.
Boyle is foreman
The grand jury was impanneled and
charged by the judge, this taking up most
of the forenoon. The charge was gen
eral one, no specially important instrne-
tions boing given. n tho afternoon the
,.,-,.5 Il ILL., tsrrs,nl y. Nee wa titlsril
~ ana mneh difficulty experienced in
finding Jury qualified to try the cause.
FIFTH DAY.
ry.a ease of lie Territory 81. Richard
:4l 4Y whole uf Yesterday.