Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-04-18
United Suites District Court.

Uu1LeO SChCeb DlSCr1CC Court
From Wednesdays Daily.]
The court was opened at 10:45 a. m. The
empaneling of the grand jury being COM
pleted S. K. McGinnis of Jamestown, was
appointed foreman and the usual,Oath ad-
minictorod by ClarI Montgomery.
In delivering his charge to the jury,Judge
Thomas alluded to the new condition of
affairs incid ent to the establishment of
statehood, and said lit is all important that
you as a component part of this court, as
we'll as every officer thereof, enter upon
this new career with a full appreciation OF
the delicate and responsible duties that de-
volve upon you" "Respect for the court"
continued the judge, will be maintained so
long as they administer justice, firmly, in
t~elligently and impartially."
He recited the oath prescribed by the
statute, which they had taken as tersely
expressing a portion of the responsibility
resting upon them In finding or failing to
find grounds for the presentment Of a case.
Jurisdiction, the classification of crimes
under the statutes Of the United States,
and the rules by which they were to be
governed in arriving at conclusions, were
fully explained. The Importance Of har-
mOny in procedure between the state and
national courts was clearly expressed and
declared, as far as possible when not re-
strained by federal statutes or rules, as the
policy of this court. All points relating
to matters liable to come before them for
consideration were felicitiously touched
upo and explained with illusions to the
aid which they would receive from the dis
trict attorney in their Investigations. Es-
tablished rules of legal evidence must be
their guide in their investigations, and if
they had any doubt as to the admissability
Of evidence or upon any important propo-
sition of law in their investigations, they
should submit the question to the court for
its instructions and directions. The i'm
portance of a clear comprehension of cir
cumstantial evidence in criminal cases,
wherein most men conscious of a criminal
purpose seek the security and secrecy of
darkness" was alluded to as essential to a
careful and faithful discharge of their du-
ties, and in his analysis of such testimony
the judge was clear and concise.
After advising through what channels
cases should properly come for their con-
slderatlon, he warned them against allow
ing private prosecutors to introduce them
selves into the grand jury room to present
accusations. Quoting the language of the
charge: ut is of the utmost importance
that grand juries be secured against out
side influence and improper interference.
II allowed it will introduce a flood of evils
disastrous to the purity of the administra-
ton of criminal justice and subversive OF
all public confidence in the actions of these
bodies"
In conclusion the jury were reminded of
the necessity of secrecy as expressed in the
oath they had taken regarding the finding
of an Indictment, until after the defendant
is not alone confined to you, but it is es-
peclally made the duty of the Judge, the
district attorney, the clerks and all officers
ofithe court to keep secret this informa-
ton"
1t was a charge clearly and directly ex-
pressed, and addressed to a body of citi-
zens both honest and intelligent, unless
their looks and general appearance great
ly belle them, and IN retiring to commence
their duties as grand Jurors, it NAV be
safely said that the first y. SCOUT for the
state Of North Dakota was successfully
launched.
Murdoch Mckenzie was sworn as bailif
Attorneys W. E. Dodge and NJ. f. Greene
OF Fargo and District Attorney ). F. Selby
took the oath prescribed for admission to
practice in the u. S. district court.
w: +. Dodge, attorney, moved that judg-
ment be rendered in favor Of the defend
ant in the case Of O'Brien VS. the st. Paul,
Minneapolis & Manitoba railroad.
it was an action originally to recover
damages for personal injuries received at
q railroad crossing, and on account of some
irregularity or neglect in procedure on the
part OF the plaintiff, judgment was claimed
by the defendant, which amounted to a
dismissal of the case. The plaintiff had
presented papers amounting to an answer
In the case, which, though Somewhat ire
gular, were considered by the court, and
after 9 short presentation of argument by
Attorney Dodge, the court ruled that
O,Brien have twenty days to file an amend