Sacramento daily record-union., 1889-09-26
DOWN AND OUT.
GRAND JURORS RELIEVED OF THEIR
IRKSoME DUTIES.
Judge Armstrong Tells Them They Have
Outliyed Their Term of Duty-A
New jury Ordered.

When Judge Armstrong opened Depart
ment One of the Superior Court yesterday,
he made an order citing the members of
the Grand Jury, which body was then in
session Tor supposed to be), to appear in
Court at l o'clock. A few minutes later
the case then before the Court was con-
cluded, by agreement of counsel, and Dis
trict Attorney Bruner suggested that tine
Grand Jurors might be called at once, TO
which Judge Armstrong assented. Mr..
Bruner accordingly waited upon and noti-
fed them of the Courts wishes.
When the Grand Jurors presented them
selves before Judge Armstrong it was found
that four of the members were missing
VIM. Turton, Fl. R. Thompson, Sol. Run
yon and ]. P. Cox. The Judge in
formed those present and representing
the body that the fact had come
to his knowledge that the full number of
Grand Jurymen had not been acting, and
that some were then outside the iurisdic-
ton of the county. Furthermore, that the
present Grand Jury had been drawn ten
months ago, in 1888, and that Judge Mey.
ers of Placer county had decided that a
Grand Jury cannot sit longer than the ter
mination of the year in which it was
drawn. He was free to say that he had not
himself indorsed that view of the aues-
ton, but still such was the decision of one
of the Courts of the State, and it had not
been reversed or annulled by any action
OF the Supreme Court.
Therefore it would be assumed that
Judge Meyers decision was a correct one.
The time was rapidly approaching when
the criminal calendar for the October
term OF his Court must be called and cases
set for trial, and as he had determined upon
calling Grand Jury for this year, which
must conclude its labors before January
next, it was necessary for him to declare
the present Grand Jury dissolved.
The Judge in the course of his remarks,
spoke emphatically on the point that the
action of Grand Jury, to have legal effect,
must be participated in by the entire num-
ber-nineteen.
had been found by portion OF the Grand
Jury, and persons convicted thereon in
Judge Armstrong; Court
The latter said that if he had been in
formed OF the facts at the time, he would
not have received the reports. He sup
posed the Grand Jurors were aware of the
fact that less than the full number could
not find an indictment.
One member, Mr.. Turton, is said to be
out of the State, and three others out of the
county. The per diem of the members
amounts to So, 1885, and other expenses in
Cured during their ten months incum-
bency will bring the expense up to more
than g, 500. No report has been submitted
by that body since the 10Th of last March
more than six months age.
Some OF the Grand Jury exhibited con-
siderable feeling on being thus summarily
disposed of, and one of the number, Elijah
Comstock, became SO badly ratified" that
he slapped his hat on his head and gave ut
terance to very audible but confused NUT
terings of dissatisfaction.
That will do, sir" said the Court. "Take
of your hat, sir, and cease your remarks "
And the diagruntled juryman led the
way out of the Courtroom, the group that
followed him looking for all the world like
crowd of men at the races who had
bought pools on the wrong horse.