The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1890-12-11
Judge Nowiin's Charge.

Il 1t becomes my duty, gentlemen OF the
grand jury, to give you instructions, uil- /
der the laws OF this state, as may seem
proper for you to have before you in the |
discharge OF your duties as grand jurors,
and, III SO doing desire first to congrat-
ulate you aud the people oil this county
upon the confusion OF q peaceful and
OF this county is concerned, While per-
haps there may be some occurrences
that are not OF a very complimentary
character, yet, taking the peaceful con-
dition OF the county into consideration, |
we are certainly to be congratulated as
people OF peaceful and quiet habits.
The laws, so far as my observance of
them has extended, have been quite UNI
forrnly carried out, and, with q few eX-
|ceptions, The disposition OF the people
OF this county has been to observe fully
| the laws OF the country.
These are matters OF congratulation
in every RESPECT Itis always better, ii
possible to secure that condition OF
| affairs in our midst which lessons crime,
| than to punish the offender OF the law
after crime has been committed.
| In the first place, gentlemen of tue
jury, our statute has provided a number
OF laws with respect to the organization
OF grand jury stnd the performance OF
| their duties. Some OF these ! desire to
refer to at this time among others Of
general Importance embodied in the libw.
4 i give you the following
a grand jury, by the law OF this state,
4 is Il body OF nen consisting Of not les,
than sixteen or more than twenty-three
| jurors, inpaneled and sworn to II true
presentment make OF all public offences
1 against the state committed or riable
i within the county in which the court is
held.
Your foreman, is by law, invested with
authority to administer oatfis to wit
nesses appearing before the grand jury,
and you can receive, lawfully, no other
evidence than such as is given by the
you, or furnished to you by legal docu-
mental evidence.
The district attorney, is by law, made
: to some extent the director OF the pro-
ceedings before the grand jury, and the
law, theoretically at least, contenlplates
that the district attorney will arrange
the legal evidence, and systemize the
matters to be presented to you IN such
a way that you may have an intelligent
, and comprehensive understanding OF
the various subjects before you for in
vestigat ton. And for that purpose, and
with the view OF securing greater effic-
/ lency in the investigation OF these mat
ters, the law confers the right upon the
district attorney TO be present with you
IN the grand jury room and give you his
advice and council respecting the law
| applicable to those matters in hearing
before you. And he may properly inter
rogate the witnesses after they have
been introduced and sworn, and thereby
7 secure the evidence applicable to the
e subject which you may have under con
+ sideration. But no other person is per-
= mitted, by law, to be present during
ney and the witness actually under ex-
Y animation. And no person-not even
q the district attorney-can lawfully be
present during the expression OF your
opinions or the giving OF your votes
= upon an Indictment or other matter be-
t fore you. l wish to seriously impress
. upon your minds one subject that some
: times-I regret to say-has been re-
e gartled It's a trivial and Indifferent mat
ter, not that it is new, not that it has
j. not been sufficiently and fnlly stated
6 not that you have not accepted it and
agreed to it when you took the oath
administered to you as grand jurors
e but for the reason that it is sometimes
Y violated with SO little regard for the
a oath that has been taken that it woulC
II seem that jurors sought to tread upoI
y the very ragged edge OF perjury. | NEAR
Y now, and Iefer to the pernicious prac
t tice that some leaky jurors have o
= either thoughtlessly or wllifuIiy divuig
J. ing the secrets Of the grand jury room
e The law charges and your oath em
o bodies the duties OF a juror in this re
+, spect when it says you shall keep secre
n the proceedings OF the grand jury room
e and whatever yourself or any othel
n grand Juror may have said or done, o.
t. in what manner he or any other Grant
l. Juror may have voted on any matter
b before them. Painful incidents Of th'
'e violation OF this provision OF law hav'
1t repeatedly occurred, and it has trans
d pired-I am sorry to say-in my owl
d court that the matters under lnvestisa
lg ton in the grand jury room have beer
t disclosed by members OF the grand jury
!. and their proceedings hawked abou
], from mouth to mouth and become tn
d mcrest scandal IN the street before an,
s. formal report with respect to the busi
of ness before the grand jury has beer
y made to the court. [ trust that th
Is caution that / have expressed with re
d spect to the foregoing subject IS all tha
t, is necessary to to be said to you, gentle
II men, and that, hereafter, the first ant
y earliest communication which, individ
'e ually or collectively, you may have t,
IS make to any body, will be made to tn
as court in a proper and formal manner.
y. In the consideration OF the sufficienc,
N OF the evidence upon which to predicat
" an Indictment the law Of our. state ha
r. given rule and guide to the grand jury
e. which | here repeat to you: ''lt is tn
IN duty OF the grand jury to find an indict
lie lnent when all the evidence before you
b. taken together, is such as, in your iudl
ee ment. would, if explained and uncontra
IT, dicted, warrant a conviction by q tria
I'd Jury"
ng One OF your earliest duties, gentleman
IT, will be to inquire into the case OF ever
ch person imprisoned in the county Jail o
ng a criminal charge, and not indicted, e1
ad cept those that are serving sentences
IT. case where convictions have alread
ng occurred, and also into the conditio
lie and management OF the county Jail, an
MT into any willful or corrupt miscondut
TX in office OF public officers.
in Possibly it is sufficient to briefly ca
lie your attention to these matters, as tt
he law has done, but deem it importal
ng and not inappropriate to emphs
he size the last duty which / mentione
he namely, to inquire into any wilful ar
lis corrupt misconduct, in office, OF publ
th officers.
th There is one other matter in this co
We. nection that has come to my attentie
a recently which desire this grand jul
Id, to Investigate. I have seen in u
A. public prints and have heard upon q
ser streets OF this city that the city coun;
to have under consideration some ria tt
OF or measure whereby the indebtedness
ar the city will be greatly increased. whic
ags if stated truly. would put to the blu
wn OF shame every member OF the city cou
xes Gil.
as Idesire that you investigate the ms
in ter before the crime is consumated.
the IL has been publicly stated, and,
nee far as / know there has been no CONT
a diction OF the statement, that ST
out posed necessity exists for the SUPPLY
wn or replacing OF a conduit pipe, and th
to a sum OF money, somewhere in
not neighborhood OF one hundred and thir
us. thousand dollars is necessary for th
re- purpose. 1t is well known that
tier whole sytem OF water-works OF this ci