The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-15
THE JUDGES CHARGE
The New Grand Jury Impaneled
and New at Work.
THE USUAL SPECIAL MENTION.
To Indict an Innocent Man is to Perpe-
trate a Very Great Wrong-The Petit
Juror Veaires Issued.

The April term of the Third district court
commenced yesterday, the usual number of at
torHeys and Jurors being present.
The selection of grand jurors to serve for the
April term was first begun.
Mr.. Varian examined the jurors, and put to
them such questions as the following:
Have you ever been convicted of a felonyg'
'Did you ever practice polygamy?"
''Do you believe in the practice?'
t'Are you q member of the Mormon church? '
Are you in sympathy with that churchy'
Are you willing TO subscribe 10 the Ed
xnunds-Tucker oath?''
The following gentlemen answered all Ques-
tons satisfactorily and were sworn in
w. II. Cassidy, A. w. Krigbaum,
Thomas Stevens, d. w. Scr1bner,
j. d. Bowman, Lewis Elelm,
j. G. Mather, Samuel McLindon,
William Eerego, I. o. Horn,
c. Is. burst, Z. C. Rookledge,
William a. Taylor, George Harrison,
II. S. McCallurn.
w. ii. Casaey was sworn as foreman, and in
the afternoon The court delivered the following
charge:
THE JUDGES CHARGE.
Gentlemen of the jury The law makes it the
duty OF the court TO charge you as to your
duties. II is your duty to inquire into the truth
or falsity of all accusations of crimes COM
mitted within this judicial district You have
the right 10 receive information as to the COM
mission of crime and if you deem the in
u
Investigate the charge The cases of persons
who are now confined in prison should be in
Vesugated as speedily as possible. Any In
formation you may receive touching the com
mission OF crimes IN this district should be COM
munlcated 10 the jury and witnesses SUBJ
poenaed and an Investigation had. In all
your Investigations you should consider only
legal evidence, which consists OF the witnesses
examined before YOU and documentary evidence.
Evidence received outside of the grand jury
room can only ne used in inStituting an inquiry.
NFs,aG
by any person who may be actuated by i'll viii.
You should be careful 10 obtain the whole truth
and nothing else. ii the evidence before you is
such as TO lead 10 q reasonable belief that the
party before you viii be convicted it VIII be
your duty TO indict but not otherwise. You
have no right TO be actuated by any motive eX-
cept q desire 10 reach the truth. Your oath,
in a general way, describes your duties.
You viii ildlct no person through
malice, hatred or i'll Will, nor leave
any uriIdicted through fear. favor or affection.
You may consider the manner and department
OF witnesses before you, ana you viii consider
their testimony impartially. Many OF the
crimes that may be committed in this territory
are DEEMED by the laws OF the territory, while
others may be committed against the laws OF
the United States. One very common crime IN
this territory is the crime of unlawful cohabita
lion. Others are polygamy, fornication and
adultery. The fact that man may believe il
10 be right TO commit any of these offenSes can
not be considered by you. If there is such a be-
lief, so much the greater is the necessity for
roofing IL out. that society may be protected
OF course it IS your duty to protectinnocentm men
1t is very great wrong TO indict any innocent
man, as 1t furnishes a club WI ich his enemies
may use against him. Then, too, the fact thai
a man has been indicted is a serious thing. be
cause the general public do hot investigate it
You VIII proceed with great caution. You viii
let no guilty man escape, and you will accuse
no innocent man. Gentlemen of the jury, you
have a very high duty TO perform, one of the
highest that an American citizen is called upor
10 discharge 1t is your duty to investigate al
cases fairly and impartially. You should SeeT
secret whatever occurs in the grand jury room
whether ii be said by fellow juror or by wit
ness. There is a severe punishment attached
10 violation of your oath in that respect. /
necessary, the court will charge you further
upon any question that may arise.
The jury then retired in the custody of the