The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-12-06

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Sheriff. o. NJ. BARBER, States Attorney. CHAs |
S. CHASE, Stenographer.
DECEMBER 4th, 1888.
Court opened with prayer by Rev. Mr.. |
Seymour, at 10 O'Clock n. m after which
the Grand and Petit Juries were called
and sworn, and the forenoon was occu.
pied with calling the docket and hearing
various motions. It is an unusual thing
to have a Grand Jury called at the De-
cember term of court, and within the
past 10 years il has been done but once
before this term, and that was at the
time of the trial of the Ful.r murder
case and Kief murder case, ia Deem
Der, 1881 They are called at This term
on account of the recent homiri les h Ell
in Bennington, and in charging the
Grand Jury Judge Taft spoke as follows
JUDGE TAFT TO THE GRAND JURY.
Gentlemen of the Grand jury The
law requires that Is judIcious men shall
be summoned, at least anDualy y, to at
tend the County Court to serve as Grand
Jurors YOU have been summoned at
this term to act in that capacity. Your
duties are an important part of the ad.
ministration of the criminal law. for no
one can be put upon trial for the more
serious offences except upon indictment
found by you murder even would go
UNPUBLISHED unless by your action the
culprit is presented for trial and while
persons committing misdemeanors and
the lesser crimes Can be proceeded
against by other informing officers It'll
an Indictment by the Grand Jury is the
constitutional, regular and safe. as well
as by far the usual mode of proceeding
upon criminal charges" IL il incum
bent upon me to instruct you with refer
ence to your proceedings and duties.
The court will appoint as your fore
man Mr.. Colburn of Manchester. 1t will
be his duty to preside during your dt-
l.beratiJns, adm mister oaths to the wi
nesses cal ed before you, and endorse
each hi before you either as "a true
| b H. u this bill not found, =" rs the fact
may b-. rhe proceedings before you
are &c pdIte I; the testimony is that pro-
duced by tue state you should not hear
witnesses in defence of the accused
and this being the rule, you should be
fully convinced of persons guilt before
preferring an indictment against him.
To justify the finding Of an indictment
you must be convinced, SO far as the ev-
idence before you goes, that the accused
is guilty in other words, you ought
not to find an indictment unless in your
judgment the evidence before you, un-
explained and uncOntradicted. would
warrant a conviction by Petit Jury.
In the examination of matt, rs that
may be brought before you, you should
receive nothing but strictly legal ev
dence you should return no bill as a
true one unless your finding is b ised up
on strict competent evidence such as
would be admissible upon trial of the
respondent in court and the states at
torney shOulI see that incompetent tes-
timpny is excluded from your delb ra-
tons ; as Instances of such testimony
will name hearsay evidence, that Of in
competent witnesses, rs n husband or
wife in f,vOr of or against each other
(save where such testimony il permi ted
by statu'e), con essiOns by lr Soners
made under promises of favor, and the
like. The result of presen ing indict-
mentS based upon such evidence is t.
subject the S ate TO costs which ought
not t. be m d., and the party to an in
dlctment upon which no conviction can
probably be had.
II there is any doubt as to the admis-
sinility OF evidence, you can submit The
question to the court for its direction in
the premises. You can apply for nstruc-
lions as 10 your proceedings and nu les
in any matter and at any time. Yrur
inquiries shoId be made in writing in
open court
You will have the benefit of the servi-
ces OF the states attorney in all matters
presented before you; il will be his duty
to assist you in the examination of wit
nesses he may direct you in matters of
proc edure acco ding to the well tiled
c. ur' and practice Of the court may
read statutes upon which bulls Of Indlct-
ment are founded, but he should not
give opinions upon questions of law
which affect the rights and Liberties of
the CIT z IN charged with crime, or We
any advice as to the wei Iht or suffi len
cy OF evidence.
You will I've at ended BY an officer
whose du y and whose oath qlire him
to keep secret everything that transpires
in the jury roUm, relative to your pro-
ce 'dings.
You should not allow private persons
to approach you or speak to yuu upon
IN 'tters before you you should be Sc
cure against outside influences and i'm
Z pr per interfeTences. II is a misdemear :
or and contempt OF court IN any indi-
vldual, acting asa volunteer, t appro ,ch
or communicate with you IN rrtere ic-.
to any matter which Is at the I me, 81
: my afterwards @ im ., before you,
II any person hls knowle lg- of n vio,
latlOn OF the law, and desires u h I'VE the
same investigated he can ALWAYS olm
plain to the states attorney, or. If need
be, TO tn" court, when such proc ed ngs
can be had ami instructions given a. the
law requires.
Before you return a bill as true it
should receive an Affirmative vote OF at
: least twelve Of your number.
have this also To say, that ter the
evidence in a case has been heard, and
while you are considering the question
of whether bill should be returned az
a true bill, or as not found, the officer
IN attendance upon you and the Eta e's
attorney should not he present. N one
save your own members should b. PRES
ent during your deliberations and while
you are vO irg upon any question.
Your sessions are secret; your oath re-
quires that 1.-The counsel of the StBta.
your own counsel and that OF your fel-
lows you shall keep secret, and this OBJ
legation rests upon you not only for The
time yOn may be in session. but cOn'in-
ues forever. You are never, unless r. =
quired in court Of justice, at liberty to
div ulge what takes place in the Grand
Jury room,
1t is your duty to investigate all often
: ces against the criminal law that are not
: barred by the statute Of limitations
You should examine all such offences as
are called TO your attention by the court
or submitted to your consideration by
the states attorney, a. cases where per-
sons have been held for trial by com.
hitting magistrates, whether tie ao-
cused are at large on bail, or confined in
jail SUCH cases 40 may come to your
knowledge IN the course of your inVes-
legations, or from your own observa.
tions, and such as may be DISCLOSED by
any of Your members.
/ am not aware of any matters TO
which your attention need be specially
called, or which require special Instruc-
tions, unless il be to say that | am in.
formed there will be brought before you
for investigation two or more cases of
homicIde-the killing OF human bril- z
This may be murder, killing with malice
afore thought, malice signifyinga wr ,ng-
! ful act intentionally done without legal
excuse, or manslaughter, such killing
wi bout ma ice.
When the proof shows a wicked in.
territorial killing by pers' n, the fact
that he was intOxcale at the time, is
NJ extenuation Of the Iime.
IL q person assaults another with In
HI a l. 4 A.