The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-05-05
First District cnurt.

The court met at IL a. N. and was pro-
claimed open for the May term. There
were present, Hon. Henry P. Henderson
judge; H. H. Henderson, clerk: David
Evans and e. B. Critchlow, assistant
United States district attorneys: O. Van
dercook and B. a. Bowman, deputy United
States marshals.
The following citizens responded to their
names when called as grand jurors: J. NJ.
Iangsdorf, ID. Berry, L. 3. Stephens, 81.
T. Snyder, j. 6. Armstrong. s
S. Schramm, T. A. Whalen, Robert Ross,
4. A. Wells, George w. Laskus. .Tohn
Brown, NJ. Bel, 1. Marks, J. e. Coolidge.
.. j. Sullivan. Mr.. Langsdorf was chosen
as foreman.
In the case of f. a. Miller VS.. S. Spen-
Ger, order entering demurrer in favor of
plaintiff.
Wilson Brothers VS.. f. H Dyer; ten
days additional time in which to prepare
and serve statement on motion for a new
trial.
Ogden City Electric Light company VS..
the Ogden Power company; order over
ruling demurrer; ten days to answer.
w. M. Barry VS.. II. T. SNYDER: order
denying motion for new trial; ten DAYS
stay Of proceedings.
CHARGE TO TIE GRAND JURY.
Gentlemen of the iury;-You have been
summoned and empanelled as grand Jury to in
quire into oiienses which have been COMMITTED
against The laws of the United St stes and of
the territory OF Utah in this district. The
Statutes of the territory provide that all public
oicnSes triable in the district court excent
cases appealed from Justices courts must he
presented by Indictment by grand Jury and
the statute of the United States In Substance
provides the same thing. So. YOU will see that
the grand jury stand in the door and are the
only access to the criminal courts and to trial by
u npin,n ffaa1 oh.
son can be put upon trial for an infamous crime
without first having been presented by a grand
jury, either for violation of the laws of the
United States or of the territory and Won will
see at once from this statute that the duties of
grand jury are highly important, and they are
the more so under the jurisdiction under which
we are acting. In state, grand Jury that is
assembled under the state jurisdiction INQUIRIES
only into ofTenses against the laws of the state.
and when they are empanelled in the United
States supreme court. they only INQUIRE into
violation OF the laws of the Unitd States. But
in this territory, when the jury is empanelled
they have cogriizance OF both classe of crime:
they have double duty to perform; they
have TO inquire into both classes of
ohenses, and it is the duty OF the
grand jury TO give the same care and
attention TO the Investigation of both classes of
charges and crime. II is the duty of the court
TO call attention of grand jurors, when they are
first empanelled, TO any cases which the court
has knowledge viii come before the Jury for in
VeStlgatlon. 1 am glad 10 say that the work
which is now on hand for this grand Jury is very
small. Smaller than has been since / have
been in this territory. If that is occasioned bv
lack OF general criminal ofienses; the jury and
the community are to be communicating
least we have but very little work before the
grand jury and when see grand jury empan-
eled OF citizens here well known. and who have
almost all had experience upon gran d iuries T
feel disinclined to enter into any extended in
structions to the jury. know OF no particular
class OF ohenses more than another to which
your attention should be called. IT is nossilIa
that some cases viii be brought TO your atten-
ton for violation of the laws of the limited
States. which apply particularly to- this terri
tory, the -offense Of polygamy, adultery. uu-
lawful cohabitation etc. / have no special
knowledge that many of these cases are pend
Ing, but you viii observe the statute upon
that subject and the same law nrevnils
and the same application of common
sense and the rules of evidence should be an
piled TO the investigation of this class of charges
that are TO be applied to all other CHARGES
One rule of the criminal law is, that il is no
excuse in the commission Of the crime that the