The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1888-09-28
Judge HfncIxIey's charge to the
Grand Jury september e4th.

commonwealth. These duties which the
State calls upon you to perform are not in
considerable or Of little moment; for upon
their faithful performance will depend the
rights of her citizens and the happiness
and liberty of our fellows; and those duties
which affect others, and that conduct
which in its consequences, involves the
rights of even the humblest of our fellows
is worthy of the highest consideration and
most careful attention. The oath which
you have just taken plainly defines your
duty and will be an invaluable guide to you
in your work.
Your body is the result of wise proyis-
ion Of the law, which req, Tres that before
anyone shall be deprived of life or liberty,
or shall be even called upon to defend him
self at the bar of this or any other court,
the accuser must submit the testimony up
on which the charge is founded and by
which he will endeavor to sustain it, to
body of fellow citizens known as the grand
| jury, hence you have sworn to diligently
inquire and true presentment make of all
such matters as shall be given you in
charge The Commonwealth becomes the
accuser of every man suspected of having
Violated her law and into your ear is pour
cd the complaint upon which the Common
wealth's charge is founded. She does not
know whether the defendant is rightly
charged or not; neither does she desire any
OF her citizens unnecessarily to be put to
trial; over all within her borders she
throws the shield of her protection; and
while the charges are made in her name,
she summons you to determine whether
they are rightly made or not. These COM
plants made to you may sustain the charge
or they may not sustain it; mems preju-
dices are so bitter, their passions so strong,
their judgment so warped and their con.
science so blunted, that often they attempt
to use courts as instruments of oppression
and bring reproach upon the name Of JUS
| tice, by invoking her help in melting out
vengeance upon the heads of those who have
incurred their displeasure. Your duty is
to hear all these complaints thoroughly,
| patiently and wisely, and decide in which
the probability of guilt is established and
which are unfounded. say the probable
ity of guilt; you are not to try the case,
gentlemen; that is done in this court, be-
fore another body known as the traverse
| jury. You hear but the one side, that of
the commonwealth; you cannot know any
defence; and upon the testimony submitted
| by the Commonwealth you are to decide
Thus you perceive your duty on the one
hand, is to guard with jealous care the
| rights of the good people of the Common
wealth, by seeing that every offender
against her laws is brought into this court
for trial; and on the other hand to protect
this court, by Withdrawing from it the con-
| sideration of all unfounded charges. Many
| of the cases brought before a grand jury,
are brought by the complaint of silly and
| senseless people, who little understand the
| object and purpose of a court of jus.
| tice, and would use the costly machinery
| of the courts as spoiled child would toss
| the delicate ornaments In its mothers par.
lor, to crafty the wbim of its idle brain or
worse the habit of its depraved heart.
And yet among these cases, and mixed
up with them, are cases apparently trifling,
yet honestly brought here and involving
the rights of those in need of protection
| and demanding the punishment of those re-
! gardless of the happiness and property OF
! their fellows. To rightly judge between
these, to throw out the unfounded cases,
| to bring here the ones with merit, to detect
the dishonest litigant and at the same time
to preserve the rights of the humblest, will
require an eye keen to distinguish right
from wrong; an ear sensitive to the claims
Of justice; judgment able to weigh and
| rightly determine testimony, and hand
fearless in the discharge of duty. From
this you will doubtless perceive, that your
action will depend entirely upon the testi-
mony produced before you; this testimony
must be given by witnesses under the SOL
emnity of an oath; you can judge no case
in any other way. Popular clamor, whls-
pered insinuations or outside influence,
have no place in your deliberation and
must receive no consideration from you in
forming your judgment. The law is par
ticularly jealous of the character and repu-
tation of her ministers OF justice, and be-
ing thus jealous, she requires of them that
every case brought into her courts shall be
handled with clean hands, listened to with
unr rejudlced ear and determined with i'm
partial judgment. In order to fulfill these
requirements, you must compel all those
desiring to influence you in regard to any
matter before you, to appear in your room
and under the sanctty of an oath testify to
all that they may know; your oath requires
this of you; and for any one to attempt in
any other way to communicate to you in
reference to any matter before you, will
subject the offender to criminal prosecu-
tion. You will take the law from the court,
the facts from the sworn testimony laid be-
fore you, and trample with contempt upon
any and all efforts to reach your ear
through any other channel. The safety of
every community lies in their courts of JUS
tice; the value of life and property, de-
pends upon the purity of the ministers of
justice; and that community has little pro-
lection and property little value whose
courts are tainted with suspicion; and that
court is prostltuted from its high position
the ear of whose ministers is open to aught
but sworn testimony and the hand of
whose servants is moved by aught but the
highest considerations of right anu justice.
In view of the important duties and high
responsibilities thus devolvng upon you,
would be false to my duty did not charge
you to be impartial, fearless, brave in the
discharge of your duty, and TO remember
that you are an important part of the ma
chinery of this court, whose every act
| should be able to stand the severest and
most scruti uizing public gaze.
In order that you may diligently inquire
and truly present those things given you in
charge by the court, the District Attorney
will submit to you certain bills OF indict-
ment, wherein the defendants will be charg-
ed with certain crimes. On these indlct-
ments will be written the name of the pro-
secutor, that is the person who brings the
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