Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-05-23

work it will aid you very much If you Sc
lect him for that place. You will see from
it will be necessary for him to do a good
deal of writing in order that a careful rec
ord may be had of all proceedings that may
take place before you. On the completion
of the business before you, or when the
court may be of the opinion that the public
interests will not be subserved by a fur
ther continuance of your sessions, you will
be discharged by the court.
You as grand jurors have the power. and
it is your duty, to inquire into all public
Offenses committed or triable in this
ty, n to present them to the court either
by presentment or Indictment. A present
ment Is an informal statement in writing
by the grand jury, representing to the
committed, and that there is reasonable
ground for believing that a p,rticular in
dividual named or described has committed
it. Your foreman may administer the oath
to the witnesses as they shall appear before
you in the investigation of any cases. In
the investigation of a charge for the pur-
pose either Of presentment or indictment
receive no other evidence than
such as is given by witnesses
produced and sworn before you,- or fur
nished by legal documentary evidence.
You as grand jurors can receive non but
legal evidence and the best evidence in
degree to the exclusion of hearsay or Sec
ondary evidence. You are not bound to
hear evidence for the defendant, but it is
your duty to weigh all the evidence sub
mitted to you, and when you have reasOn
to believe that there Is other evidence, you
may, by and with the consent of the dis
trict attorney, order such evidence to be
produced, and for that purpose the dis
A~k4k 80 kNHvN n Srovn0 psHo
cesses for the witnesses. You ought to
find an Indictment when all the evidence
before you taken together, is such as in
| your Judgment would, if unexplained or
uncOntradicted, warrant a conviction on a
trial by a petit Jury. If any member of
the grand jury knows or has reason to be-
lieve that q public oHense has been com
subdivision, he should declare the same
to his fellow jurors, who should thereupon
investigate the m You as grand jurors
must inquire. first, into the case Of any
person imprisoned in the Jail of the county
on a criminal charge and not indicted, sec.
Ond, into the condition and management of
the Jail and poor house of this county, and
duct in Office of public officers of every
description in this county. You are also
| entitled to free access at all reasonable
times to n of the public institutions, and
to the examination without charge of all
public records in the county. You as
grand jurors may at all reasonable times
ask the advice OF the court or the district
attorney, and as far as the court is con.
cerned l hope you will feel perfectly free
to come to me or send to me at any time
and l shall be glad to render you all the
assistance that is within my power. You
as grand jurors, n l as the
court should work together for the
highest and best interests Of the county in
all matters. The district attorney may al
all times appear before you for the purpose
of giving Information or advice relative tt
any matter cognizable before you, and may
interrOgate the witness before you when
ever he thinks it necessary; but no othel
person is permitted to be present during
your sessions except the members of the
grand jury m the witnesses actually un-
der eXaminatiOn-One witness at a time
and no person WhOmSOever, must be per
mitted to be present during the expression
of your opinions or the giving Of your vote!
upon any matter before you. When yor
vote on any question, even the states at
thrney should not be present. Every mem
Der of the grand jury must keep secre
juror may have said, or in what manner h,
or any other grand juror may have voted
A grand juror cannot be questioned TO
anything he may say or any vote he may
give in the grand jury, relating to a matte
legally pending before the grand jury. ex
cept for perjury, of which he may hav'
been guilty in making an accusation O.
presentment cannot be found without tn,
concurrence Of at least twelve grand jurors
The presentment when found must be pre-
scented by the foreman in the presence o
the grand jury, to the court, and must bt
filed with the clerk. An indictment can
not be found without the concurrence of a
least twelve grand jurors. When so foun(
it must be endorsed a ''true bill,' and thu
endorsement must be signed by your fore
man. II twelve grand jurors do not con
cur in finding an Indictment against a de
PENDANT who has been held to answer, TIN
original information OF a certified recOr(
Of the proceedings before the magistrate
the court with the endorsement thereon
to the effect that the charge is dismissed.
When an Indictment is found the name
of the witnesses examined by the CRANE
jury must in all cases be inserted at tn
foot of the Indictment or Endorsed Thereon
before it is presented to the court. Al
Indictment when found must be presented
by the foreman in their presence to tn
court and filed with the clerk and remail
in his office as a public record.
As there seems to be an honest difference
of opinion as to which of two attorney.
shall be recognized as district or states at
torney in and for this judicial subdivision
and as this question has not been brOugh
before a court of competent jurisdiction
for legal determination, I deem it my dut,
to instruct you as to whom you SHOULD
recognize as such attorney: This will re
lieve you of the embarrassing position o
attempting to pass upon a question whicl
would be impossible for you to legally de
uermine. And, in instructing you in thi
matter, I shall not attempt to pass upol
the main question, or even predict as t,
whom might or will be finally %adjudicatet
to be entitled to the Office. For as 1 real
and understand the aw this question cal
only be determined in a court of competen
jurisdiction upon a proper showing Of al
the facts and circumstances. Neither shall
I attempt to pass upon the fitness or com
potency of either Of the two who may CLAIM
this Office. l find from q careful eXamina
ton OF the county records and files that OF
the 18th day of November, 1889, Frank V
Barnes received a certificate of appoint
ment to said office to fill out the unexpire'
term of John G. Hollembaek, resigned; tina
Immediately thereafter he filed his officia
bond for the faithful performance of tn
duties of said Office, which said bond wa
duly approved and recorded; that there
upon he entered into the possession of an
upon the performance Of the duties of sal
Office and took charge of certain paper
and cases which his predecessor turne,
over to him; that the board of county com
miSSiOners in and for this county. as it wa