The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-05-21

witness, or where the testimony of wit
ness on the part of the people, who is III
able to give security for his appearance
has been taken conditiOnally in the like
manner in the presence of the defendant
who has either in person or by counse
cross-eXa mined, or had an opportunity Il
cross-eXamine the witness, may be reat
upon it being satisfactorily shown that he
is dead or insane, or cannot, with due dill
gence, be found within the territory.
You can receive none but legal evidence
and the best evidence in decree, to the eX
clusion of hearsay CT secondary evidence
You are not bound to hear evidence fol
the defendant, but it is your duty to weigh
all the evidence submitted to you, anC
when you have reason to believe that Other
evidence within your reach will explain
away the charge, you should order such
evidence to be produced, and for that pur
pose may require the United States attor
ney to issue process for the witnesses.
You should find an indictment when al
the evidence before you taken together, il
unexplained or uncontradicted, would, il
| your judgment, warrant a conviction by {
trial jury.
If any Of you know or have reason to be
! lieve that public offense triable within
! '
! inform your fellow jurors thereof, who
should thereupon investigate the same.
You should first inquire into the case OF
every person imprisoned in the jailS OF the
district on a criminal charge and not in
dicted: also into the condition and manage.
ment of the public prisons within
the district; and into the wilful
and corrupt misconduct in Office of all
public officers of every description within
" n md I ioi,
you Jhe duty of investigating all violations
of the laws of the United States, against
bigamy, poygamy and unlawful cohabita-
ton.
You are entitled to free access at all
reasonab e times to the public pris 1ns, an d
also have the right TO examine all public
records, which me by law required to be
kept.
You may, at all reasonable times, come
into court and ask its advice on questions
of law. The United States attorney, or
his assistant, viii aid you in your investi-
cations, and may at all times appear before
you for the purpose of giving information
or advice relative to any matter cOgniZable
by you, and may interOgate witnesses be
fore you whenever he or you may think it
n eceSsary; but no other person is permitted
to be present during the sessions of the
grand jury, except the members, interpret
ers and witnesses actually under examina-
ton, and no person should be permitted to
be present during the expressing of your
opinions or giving your votes upon any
matter before You.
Every member of the grand jury must
keep secret whatever he himself. or any
other grand juror may have said, or in
what manner he or any other grand juror
may have voted on any matter before you.
No grand juror can be questioned for any
thing he may say or any vote he may give
in the grand jury relative to any matter
legally pending before the jury, except for
perjury of which he may have been guilty
of in making an accusation Or giving tes-
timony to his fellow jurors.
An indictment cannot be found without
the concurrence of at least twelve jurors.
when so found, it must be Endorsed, "a
true BILL and the Endorsement must be
signed by the foreman of the grand jury.
If twelve grand jurors do not concur in
finding an indictment against defendant,
who has been held tOanswer, the deposition
and statement, if any, transmitted to them,
must be returned 10 the court, with an in
dorse ment thereon, signed by the foreman,
to the effect that the charge is dismissed.
When an indictment is found, the names
of the witnesses examined before you, or
whose dispositions may have been read be
fore you, must be inserted at tn : foot 0f he
indictments, or Endorsed thereon, before II
S presented by your foreman IN your pres
ence to the court.
You should indict no one through malice,
hatred or i'll will, nor leave any unindicted
through fear, favor or affection, or of any
reward, or promise or hope thereof
1t is perhaps proper that l should caution
you against a certain class of persons to be
found in almost every community, who, in
case of a difficulty with a neighbOr, seek
to have him indicted for some offense, how
ever trivial it may be, for the purpose Of
annoying him AMI putting him to expense
and tire lble in de tending himself from the
charge. They will seize en- any act Of his
life that is technical violation of the law,
aud that is not barred by the statute Of
limitations, and 90 before the grand jury
and often secure an Indictment; and the
time of the court and jury and witnesses
will be consumed in the investigation and
trial of "a case which oughtnOt to have been
brought into court at all. In this way II
often happens that Old, stale accusations
are raked up and the grand jury and the
court are unwi linCly made the instruments
for wreaking the revenge and spite of Fri
vate parties upon their neighbOrS You
should carefully scan the motives OF those
seeking to have indictments found for
minor offenses, and wherever you find that
the prosecution is prompted by malice and
i'll will, and no good purpose will be sub
served by pressing the accused you should
reuse to indict, especially if the accusation
is an old one and las been ignored by
former grand iuries.
do not give you these instructions with
reference to the law against bigamy, pOlyg-
amy. unlawful cohabitatiOn and adultery.
But with regard to these crimes you cannot
be too diligent in your investigations, and
should indict in all cases where there is d
reasonable chance for conviction. The
notorious Indulgence in this class of crimes
by large numbers of the inhabitants of this
territory, under the pretense of religious
sanction, has long been a public scandal
and has wrought more injury to the people
in preventing immigration and the develop
meat of the resources of the territory, than
has been done by all other crimes committed
within its borders. You cannot, therefore,
be too vigilant in investigating this class of
offenses, nor too prompt in presenting in
dictments against all who have violated the
laws on this subject.
Your duties, gentlemen, are of very i'm
portalt character, and upon their proper
discharge, depends in large degree the
efficient enforcement of the criminal stat
utes of the United States and of the terri
tory, for the preservation Of the peace and
good order of society.