The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-09-05
THE BEAVER COURT.
Full Text of Judge AndersOn's
Charge to the Grand Jury.
THE INoUISIToRS HARD AT WORK.
The Petit Jurors Noses Will be Placed to
the GrindstOne TO-Day-0ther
Southern Topics.

gram to THE HERALD. The Second ludic-
ial district court convened last Monday,
but as the prosecuting attorney was not
present, no business was transacted until
this afternoon, when John NJ. Zane, dis
trict attorney, having arrived during the
day, court opened and proceeded to bust
ness. The grand jury was empaneled and
THE FOLLOWING CHARGE
given to them by his honor, Judge Ander-
son:
GESTLEMEN-By section 1909 of the
compiled laws of the territory of Utah it
is made the duty of the court to charge the
grand jury and give them such information
as is required by law as to their duties and
as to any charges for public offenses re
turned to the court or likely to come be-
fore them. 1t is your duty, gentlemen, to
inquire into all public Offenses under the
laws of the United States or of the terri
tory, committed or triable within this ju-
dicial district, and present them to the
court by indictment Your foreman may
administer an oath to any wit
ness appearing before the grand
jury In the the In Investigation HI,rnono Of Of
an indictment you can receive no other
evidence than such as is given by the wit
nesses produced and sworn before you or
furnished by legal documentary evidence
or the deposition of a witness in the cases
mentioned in the third subdivision of sec
ton of part l3 of the Compiled Laws of
the 7 erritory of Utah.
I'm regard to the use of depOstions it is
provided by statute that where the charge
has been preliminarily examined before a
committing magistrate and the testimony
taken down by question and answer in the
presence of the defendant, who has either
in person or by counsel cross examined, or
had an opportunity to cross-eXamine, the
witnesses or where the testimony of a
witness on the part of the people, who is
unable to give security for his appearance,
has been taken condiIionally in the like
manner in the presence of the defendant,
who has either in person or by counsel
cross-examined or had the opportunity
to examine, the witness
may be read up upon it
being satisfactorily shown that he is dead
or insane or cannot, with due diligence be
found within the territory. You can re
ceive none but legal evidence and the best
evidence in degree to the exclusion of
hearsay or secondary evidence. You are
rot bound to hear evidence for the defend
ant, but it is your duty to weigh all the
evidence submitted to you and when you
have reason to believe that other evidence
charge you should order such evidence to
be produced and for the purpose may re
duire the United States attorney to issue
process for the witnesses. You should
lind an indictment when all the evidence
before you, taken together, if unexplained
or uncOntradicted would in your iudg
ment warrant a conviction by trial Jury.
.'If any of you know or have reason to
believe that public offense trlable within
the district has been committed you should
inform your fellow jurors thereof. who
should thereupon investigate the same.
''You should first inquire into the case of
every person imprisoned in the iails Of the
district on a criminal charge ana not in
dicted: alsointO the condition and manage
ment of the public prisons within the dis
trict, and into the willful and corrupt con
duct in office of all public officers of every
description within the district. You are
entitled to free access at all reasonable
times to the public prisons, and also have
the right to examine all the public records
which are 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
will aid you in your Investigations, andmay
at all times appear before you for the pur-
pose of giving information or advice
relative to any matter Cognizable
by you, and may interrogate witness be-
fore you whenever he or you may think
it necessary but no other person is per-
mitted to be present during the sessions
of the grand jury except members, inter
prefers and witnesses actually under ex-
animation, and no person should be permit
ted to be present during the expression of
your opinions or giving your votes upon
the matter before you. Every member of
the grand jury must keep secret whatever
he himself or any other grand juror may
nv. in 11rhnt hn
other grand Juror may have voted on any
matter before you. No grand juror can be
questioned for anything he may say or any
vote he may give in the grand jury rela-
tive to any matter legally pending before
the Jury, except for perjury of which he
may have been guilty in making an accu-
sation or giving testimony 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 endorse
ment 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 to answer the
deposition and statement of any transmitted
to them, must be returned to the court with
an endorsement thereon signed by the fore
man, to the effect that the charge is dis
missed. When an indictment IS found the
names of the witnesses examined before
you, or whose dispositions may have been
read before you, must be inserted at the
foot of the indictment, orendorsed thereon,
before it is presented by your foreman in
your presence to the court You should in
dict no one through malice hatred or ILL
will, nor leave any unindicted through fear,
favor or affection, or of any reward or the
promise or hope thereof.
O''We desire to especially eniOin upon you
the duty of investigating all violations of
these laws of the United States against
bigamy, polYgamy, unlawful cohabitation
and adultery. These are the prevailing
crimes in this territory, and are committed
by large number of its inhabitants. In
credible as il may seem, the commission of
these crimes is justified, upheld and taught
by large numbers of the people under the
pretense of religious sanction and religious
duty. The open and notorious commission
of this class Of crimes by the people of this
territory has long been a public scandal
and disgrace, and among the most import
ant Of your duties as grand jurors will be
the indicting of any and all persons within
this district who may be guilty of viola
ton of the laws referred to, to the end that
these degrading crimes against the law, the
sanctity Of the home and its marriage rela-
tions, may be promptly punished and sup
pressed.
Your duties gentlemen, are Of a very
important character and upon their proper
discharge depends in large degree the
efficient enforcement of the criminal
statutes of the United States and of the
territory for the preservation of the peace
and good order of society"
THE GRAND JURY
were then put to work, and at 4 40 o'clock
today came into court with a report OF
three indictments found.
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