Daily Yellowstone journal., 1886-09-07

uorsement may DE maue Dy tne prose-
cutting attorney.
An Indictment Is an accusation in
writing, presented by grand jury to
competent court, charging u person
with public offence.
No indictment can be found with
out the concurrence of at least twelve
of the grand jury; when so found and
not otherwise, your foreman shall en-
dorse upon the indictment "A true
bill" and he shall sign his name rs
foreman to such endorsement.
All indictments found by you shall
be presented by your foreman, in your
presence, to the court, and shall be
filed and remain as records Of this
court. Each indictment must be
signed by the attorney prosecuting,
and the names of all material wit.
nesses must be endorsed thereon.
Indictments against persons not In
custody, or who have not given hail,
and the seconds of such indictments
shall be in the custody of the clerk,
and can not be inspected by any per.
son, except the court, the clerk and
his deputy, and the attorney prosecute
ing, until after the arrest of the de-
PENDANT.
No grand Juror, attorney prosecut-
ing, clerk, Judge or other officer shall
disclose the fact that an indictment Is
found, until the defendant has been
arrested, except any disclosure that
may be necessarily incident to the
service Of warrant to arrest the de-
PENDANT.
Those are provisions contained In
Sec. $50 and Sec. Isl of the Criminal
Practice Act. A violation of either Of
said acts Is q misdemeanor.
When lhere Is not concurrence Of
twelve of your members in finding an
indictments, the foreman shall certify,
under his hand. that no true bill was
found.
must caution against making any
disclosures of matters coming to your
knowledge while acting As grand ju-
ors. and must tell you In what Case
and under what circumstances any
disclosure may or may not be made.
This l can best do by calling to your
attention to Sec. 12S, l29 and 100. of
the Ard division of the Revised Stat
utes, found on page 300.
The laws designed to protect the
property ownership of cattle and the
right to the possession thereof and title
therein must especially commend
themselves to you for your careful in
vestigation. Much of the wealth of
this county is invested in the cattle
business; large proportion of the
taxes raised in this county Is derived
from those engaged In that enterprise;
and it may safely be said that the f.
nancial prosperity Of this county, the
business activity of its merchants, and
the welfare fyOur community depend
largely upon the safety and protection
which the law provides for those citi-
zens Of the county following that par
ticular line of business.
The very nature of that business is
such that large tracts of land
wherein an officers of the law Is un-
known are required; property situat-
ed therein IL al the mercy of the wrong
doer who can be made to obey the law
and respect the property OF others only
by the fear that detection will be fol-
lowed by the severe punishment pro-
vided for such crimes.
There are certain statutes which the
law directs me to give in my charge
to you. The importance of each of
them will be apparent to you, but
there seems to me to be owing to
others than the territory careful and
diligent examination by you.
You must inquire into the case of
every person imprisoned In the county
Jail and not indicted: this you must
do, so that no one shall he deprived of
his liberty without due process of law.
You must inquire into the situation
and management of the public prisons
within the county: for, although Grim
inals must be punished, they are EMIT
led to humane treatment.
You must inquire into wilful and
corrupt misconduct In offices Of all
public officers, and for such purpose
you are entitled TO free access, at all
reasonable times. to all public build
ings, publis offices and public records.
You owe to the public officers them
selves a careful and diligent inquiry
into all their conduct, and especially
as to the funds which come into their
hands. Such an examination not only
prevents carelessness, but IL also pre-
vents the accusation of an innocent
party through the misconduct of his
predecessor or successor In Office.
Honest officials will court an investi-
cation, which, when carfully made,
will relieve them from unfair imputa-
lions upon their official conduct, will
justify their acts, will free them from
all fear of future liability, and will
confer upon them public appreciation
for their energy and integrity In the
public behalf.
On the other hand. frequent and
careful inspections are q check upon
official dishonesty and a safeguard for
the public treasury, and 1t will be i'm
possible for the county to suffer any
great financial loss, II each successive
grand jury will fairly, honestly and
diligently perform its duty to the
public.
In regard to the public officers, in
addition to that which have already
given you In charge, / call your at
tention particularly to the fifth divi-
sion of the revised statutes, page 500,
sections 926 to 932. both inclusive.
The court then read section 207, page
1893, and said charge y GU that II is your
duty to diligently inquire concerning
these sections and to prevent all per-
sonsv iolating the same. The probate
court should have your most careful
inspection, Much of the property
held thereby belongs to infants who
~ Az..