Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1889-11-23

during their sessions, except the memb.
ers of the jury and the particular witness
actually under examination. And 10
person w~homsoever, not even the
district attorney, can be present during
the expression of their opinions or the
giving of their votes upon any indict-
ment presentmeLt, or other proceeding
before them.
Every member of the grand jury mnst
keep secret whatever 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 them. A grand juror can not be
questioned for anything he may say or
any vote he may give in the grand jury
relating TO a matter legally pending be-
fore the jury. If twelve grand jurors do
not concur in finding an Indictment
against a defendant who has been held
to answer, the original information OF
proceedings before the magistrate must
be returned to the court with an indorse-
ment thereon, signed by the foreman,
10 the effect that the the charge is dis
missed. And when an indictment is
found, the names of the witnesses ex-
amined before the grand jury, must in
| all cases be endorsed on the indictment
| before it is presented to the court. An
indictment, when found by a grand
Jury, must be pre- ented by their fore
man, in their presence, to the count. A
grand jury is not bound to hear evidence
for l,s defendant, and it is their duty to
weigh all the evfdencc euha.ittaa-4o
them, and when they have reason to be-
lieve that there Is other evidence they
may, by and with the consent of the
district attorney, order such evidence to
tie produced. 1t is the duty of the
grand jury to find an indictment when
all the evidence before them, taken to-
gether, is such as, in their judgment,
would, ifuneXplained or uncontradicted,
warrant a conviction by a trial jury. 1t
is the duty Of any member Of the graud
jury who knows, or has reason to be-
lieve, that a public offense has been
committed, triable in the county, to
declare the same to his fellow jurors,
who must thereupon investigate the
facts. 1t is the duty of the grand jury,
and they must inquire, first into the
case of every person imprisoned in the
county Jail, on a criminal charge, and
not indicted; second, into the condition
and management of the county Jail of
their county; also into the willfull or
corrupt misconduct in office, of public
officers in their county. The grand
jury is entitle TO access, at all reasonable
times, to the public prisoners, and to the
examination, without charge, of all the
public records in their county, and they
may, at all reasonable times, ask the
advice Of the court, or district attorney,
respecting their duties.
You will, after you retire, to your
room, organize the grand jury, and in
your organization you will select a clerk
from among your own number, who
shall keep a record of your proceedings.
You will take up cases in some regular
order and continue your examination of
them until you reach a conclusion, and
after you have reached a conclusion,
you will make the same known by in
dictment, OIL else you will return the
original information, if it is in a case
where the defendant has been held to
answer by a magistrate, with your en-
dorsement thereon.
rarttf dRiftrfiGftt abie egpsyy will guide You
before you, yet it is the duty of any
grand juror, if he knows of any public
ofense that has been committed, TO de-
clare the same, and it is the duty of the
grand jury to investigate the facts. in
such case The sheriff has had a baillff
appointed who will take charge of YOU
In your deliberations, you will fix your
own time for meeting and adjournment
and report to this court, from time to
time, the condition of the business be-
fore YOU.
You may nov retire, in charge of the
| h1IliH fn thn NOON, u,h;oL L..
vided for you.
Following are the names of the men
comprising the grand jury: w. N.
Walker, foreman Ralph Kenyon, Will
liam Sluyter, Thomas shorten. Thomas
Dixon, Charles Terwilliger, r. O. Rey-
nolds, George Mill, f. Downen. L. B.
Reno, N. Yates, A. Yerkes, II. HALEY.
G. Spring, X. Reeves, E. Belmore, b. b.
Atchison, p, p. Eskins, Albert Fay,
Samuel Bell, James Lunger, Jas. Rogers,
Fred Wiehe.
The following cases were called
+. Hesnard VS. Plunkett 4 Lynch.
Place of trial changed to Pennington
county on motion OF defendants.
+. Holcomb W.. NJ. r. Maxsan. Re.
plevin case. Trial to jury. Verdict
pending.
THURSDAY.
Fred Holcomb VS.. M. r. Maxson.
Trial concluded and given to jury.
VIM NJ. Fowler was admitted to citi-
zenship.
j. V. Vlient VS.. Avant. Defendants
counsel moves to dismiss for want of
prosecution. Motion granted and case
dismissed.
Waller VS.. Hooper & THOMPSON.
Stricken from the calendar, on motion.
Kirtley VS.. Fallon. Case dismissed
for want Of prosecution, and judgment
in lower court reversed.
Plunkett & Lynch VS.. Hesnard, Plant
ifs attorney moves to dismiss on the
ground that the appeal is defective.
After argument by counsel motion
granted.
Fuller & Johnson Manufacturing Co.
VS.. B. 0. Palmeter, ct. al. Trial to court.
After argument by counsel, taken under
adyisement by court.