The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1886-03-04
THE GRAND JURY,
JUDGE A. S. WALKERS
CHARGE MONDAY.
ATTENTION DIRECTED TO THE
MURDERS IN THIS CITY, ANDA
PATIENT INVESTIG
ORDERED.
BRIBERY IN ELECTIONS TO BE
LOOKED AFTER-ALSO THE
LAW OF LIBEL.

The fact that our criminal law is re-
duced to writing, and that there can be no
offence against the laws of Texas unless it
be clearly defined in our statute books,
makes the formal charge defining what
acts are offenses of very little Importance.
Besides. our code is so full in its pro-
visions that there is scarcely any injury
to the person or property of the individ-
ual, or any offense attacking the state in
any of its operations, but what is defined
as an offense and punishment provided
for it.
In your Investigations, while every Of
tense found in our statutes requires under
your oath investigation when it comes to
your knowledge, 1 cannot but insist that
you give the greater part of your atten-
ton to the real offences or acts that at
tack the rights of Individuals; the per-
sons and property of citizens.
1t is not necessary to define them, and
not necessary to call your attention by
name to them.
Grand Jurors are as we'll acquainted
with what are injuries to the citizen, as
what are against the police of the
state the good government, the pur-
ity of elections, the purity of the
judiciary, the purity of the executive,
in all of its departments, as the court can
be.
At the last grand jury, called partic
ular attention to the condition of affairs
in this city growing out of the unprece-
denied number of homicides committed
here. Since that, there have been addi-
tions to this bloody list. In regard to
this matter, of course with the crimes
committed, there is no danger of your
exerting your efforts without an object.
Grimes exist, the crimes have been
committed, and the only purpose, and the
only thing before you, is to ascertain who
are the guilty parties. l, of course, as do all
of you, know that great many efforts
have been made very patient efforts have
been made by some persons in this COM
munity to ferret out the gully parties.
However thorough the Investigations may
be, tho impression in my mind, and the i'm
preston on the public is that to great
extent, these efforts have not been sue
cessful. 1t remains for you to carry on
much of this investigation, almost as if a
new question. 1 doubt if you
can receive much information from any
source other than from witnesses you
may examine; and this being the case, it
is the more necessary for you
to be patient in your further
investigation of these crimes.
doubt if there be any of them that will
ever be travelled, except by the use and aid
of circumstantial evidence. l can give
you no rule as to your Investigations.
You must be satisfied, of course, of the
truthfulness of sources of the informa-
ton upon which you act in collecting cir
cumstances. In weighing them, you
should be certain that the facts that you
are basing your conclusions upon, that
you are basing the finding, if you make
presentments, are true. Having gathered
all the facts you can, it is matter of
Judgment for you to determine whether
these facts point with sufficient certainty
to any individual to require at your
hands prosecution l can caution you
this far, that, ordinarily, the testimony
given before the grand jury will be as
strong as it ever will be pronounced after
ward-many times it is much stronger
than is ever given again, and this is true
without any reflection upon witnesses who
are examined before you. The attention
of the witness, when before you, is necessa-
rily called to the eliminating circum-
stances within his knowledge. In the ex-
animation on the final trial, the defendant
has right and it is his duty to direct the
witness attention to every other matter
to which the counsel may wish the wit
ness memory stimulated. This fact &C
counts for the prosecution rarely being
strengthened on the final trial.
1 give you this as caution against
hasty action. The public sentiment is
very much, and properly so, exercised at
the fact that of six or eight or ten muir
ders having been committed here IN as
many months, no person is satisfactorily
known as the guilty party.
You should consider the testimony that
may be furnished you by any respectable
person. While this is the case, you must
use caution against the waste of YOU
time by persons who may be over-anxious
to secure action upon immaterial evi
dence.
NV observation is, that the prosecuting
officers of this county have given great
attention to this matter, and may be ar
aid in selecting the witnesses who shall
come before you.
Yet YOU are not confined to his sug'
gestions alone; any person knowing facts
has a right to be heard. You control
your own proceedings. Wherever you
Rave a choice of witnesses, select those
fiom whose intelligence and means OF
knowing you are more likely to get the
truth. No one has the right to interfere
with your proceedings. AS you and your
officers are sworn to secrecy, and as every
witness before you is also sworn to Sc
crecy, no man has any right to know
what you are doing, or what case 20,
have under consideration. 1t is enough
, for him to know that you are under oatl
to make true presentments, unintluence'
by envy, hatred or malice. Your action
in presenting indictments are the onl
thing the public are entitled to. 70
should guard yourselves against any efor
to control your action in any particula
by outsiders, or from any source exceT
from the testimony you hear.
ELECTIONS.
We have elections frequently. W
4 laws seek to protect the purity of the ba
- lot 1t forbids the use of money, or u
receiving of it in any way, directly or II
directly. think it we
with reference to the comm
election, that this matter
investigated and examnles be made,