The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-07-14
GRAND JURY MEETS.
Il Is in Session to Consider the
Franklin Riot.
JUDGE osBoRN's CHARGE.
He Explafns the Rights Of Interested
Parties-Chinamen on Trial
Habeas Corpus Case.

IH0 UIBt xIbn1 jury c8bta W saC ekasS Va
Warrington, was impaneled yesterday to In
ysstigate the recent troubles at the mines. On
July venire was issued by Judge Humes for
Grand jurors, who were to answer 70 rollcaI on
. July l2 OF the fourteen summoned eleven an
svered at rpllcall at 10 o'clock yesterday morn
inr. They were H. Bruneman, Chris Nef, John
Bowling, Levi Wintermute, f. c. Jewell, E. U.
Rhodes, J. Nicely, l. y. Smith, E. p. Tremper,
CAoxs jenkins and AL Rutherford J. A. Bail.
legson, D. w. Jackson and David Thompson
did not appear. Al Rutherford was excused,
hsyfng but ten ready for duty.
The court ordered q new venire TO issue for
ks9sn additional jurors to all up the panel, and
II $50 p. m. the following reported tor duty:
O. Graves, George B. Adair, d. III. Howard,
+ z. Sander, 2. C. Miles. Z. V. Kruger and C. +.
s4tsa George B. Adair was excused from duty.
1t 40 o'clock the roll was called and sixteen
urors answered They were then sworn in and
udge Osborn delivered TO them the following
barge:
Gentlemen Of the Grand jury: knowledge of
ertain lawless acts has been brought to the
judges OF this court by the prosecuting attorney
y this county. II has been epresented by the
kosecuting attorney that certain acts tending
. breach OF the peace and that certain
hIenses have been committed within the body
Il this county by persons represented to be
tined bodies OF men, in violation of the pro-
dsions OF the constitution of the state OF Wash.
hgton. That tie crime of murder has been
somnitted That other citizens of this county
have been seriously wounded. That the peace
and happiness of certiin communities, particu-
hr,y at the towns OF Franklin, Black Diamond
Newcastle and Gilman nave been disturbed.
And request has been made by the prosecuting
attorney OF this county that q grand jury be
allied for the purpose of investigating such
alleged ofenses aud requesting the judges of this
court to order and direct that grand jury be
petition, the judges Of said court have ordered
md directed that grand jury be summoned in
pccordance with the provisions of the laws OF
his state, and In accordance with such order of
purt you have been summoned and are here for
We purpose OF assuming and discharging the
EeFy grave and responsible duty OF a grand
hy Of King county II will be your duty to
pndsr bail, charged with the commission of
fime against the laws of this state, and duly re-
nrned by committing magistrate, or upon
Eppiant sworn to before an officer authorized
p9minister oaihs. and presented by the pros
fsnng attorney, or under the directions OF the
There can be no duty imposed upon . citizen
y the state OF Washington OF grsver or greater
Importance than that of = grand juror. You
lhould have no enemies to punish and no
hisnds 70 reward. The law shall be your
luide. You should be actuated by an honest,
unbiased purpose to perform your whole duty
q grand jurors irrespective of conseQ usnces.
Your position as grand jurors, places you above
Ind beyond all questions of personal friendship,
above all political considerations and beyond
any OF the various questions that may arise be-
tween employer and employee You are re-
eponsible to no one except to your own con-
without malice, without favor, your whole and
complete duty In the administration of
Justice there should be no object or
Se entrusted with the grave and responsible
duties of seeing that the laws are enforced, that
BRINE should be punished, that the peace and
tood order and happinss OF this county may be
tecured, except that of q full and complete vim
eication OF the majesty OF the law, as they may
Ind it Among the judges of courts and juries
here should be no political considerations or
political success or defeat There should u no
strimmers," but each and every such person en-
Husted with such grave and responsible duties
should have but one consideration. and that
mould be the peace and safety and prosperity of
he county or community In which they may be
lallsd upon to exercise this high and important
prerogstive.
gill be appointed. 1t would be the duty OF such
chairman or foreman OF your grand jury to pre-
(erve order and dscorum, to arrange and sys-
iore YOU You ,hond a.o seisc. e .e e1o n
-FOUR number competent to act a. clerk, who
ehall make such memoranda and perform such
Suites as you may In your Judgment require to
- performed. The instructions given you by
he court In this charge should form the foun-
Station for your work. The prosecuting attorney
ef this county win be In attendance. He will be
four legal adviser and assistant. You have
Sower to call before you such persons as
tou may deem proper who may be possessed of
ouch knowledge or information which you may
81 Of yoa o 19
lsmeanor committed In the county OF King Il
will be your duty to inquire int such matters
o NAV be called to your attention by the court
Or may be submitted to your consideration by
the prosecuting attorney You may also con-
lider such matters ~ may come to your know
ledge In the course of your Investigations into
knowledge or observations, or such other matters
may come to your knowledge from the dis
closures OF your associates.
As you have beer REALIZED together more partic-
ularly upou the representations OF the prosecut-
ing attorney relative to the condition OF affairs
existing at the places DESIGNATED, the court
would especially call your attention to chapter
O. of the code of Washington beginning with
section 7s6. This section pertains more particu-
larry to the crime of murder. The court also
calls your attention to section 1913 of the code,
shall unlawfully kill any human being without
malice expressed OF implied, either voluntarily
upon a sudden heat, or involuntarily, but In the
commission OF some unlawful act, such person
shall be deemed guilty of granddaughter
section SOC of the code of Washington reads as
follows: San assault with an intent to commit
murder. rspe, the infamous crime against ma.
ture, mayhem. robbery or grand larceny. shall
subject the offender to imprisonment in the pen.
ltentiary for a term of not less than one year
more than iourtean years"
Section S9T provides also: THAT an assault
With deadly weapon, instrument or other
thing with an intent To intiict upon the person
81 any other bodily injury, whore no consider
ablo proyocation appears, or where the circum-
stances of the assault shows a wilfui, malig-
can't and abandoned heart shall subject the Of
lender TO imprisonment in the penitsntiary not
exceeding two years or hne not exceeding
5000, or both such fne and imprisonment
Section $50 reads as follows: "Any three or
more persons who shall do an act in q violent
snd tumultuous manner shall be deemed guilty
OF riot, and upon conviction thereof shall be inn
rrisoned In the county Jail not exceeding one
rear, and be fined in any sum not exceeding
300, or be fined only"
Section S2S of the Code of Washington, 80
lmeuded by the act of January 10, 1856,
b called to your attention. Also the act of
January 10. iSs6. amending section $40 of the
code relative to carrying concealed
weapons. Your attention is also called
10 section SOS of the code. Your attention il
March 3, 1891, which among other things pro.
tides that any attempt TO interfere with or in
timidate any engineer, fireman or other en-
ployc employed in or about any coal mine in
the discharge of his duty or performance OF his
labor, or who shall disobey any order given in
established by this act, whereby the lives and
health OF persons working in the mines or the
security OF the mine or mines or machinery
tnereot 10 In danger. ETC.. shall be guilty OF mis-
oeIneanor
Your attention 10 especially called to section
&c OF the code of Washington, which reads as
follows; mo distinction shall exist between
~ accessory before the fact and q principal or
oetMseh principals OF the nrst and second de-
etses, anu All persons concerned in the commits
SION Q, 81 oitense, whether they directly counsel
the az Soosututlng the ofense, or counsel aid
and aoet in its commission though not present,
O. principals"
While II wiz be your duty 10 inquire whether
$1,000 at. et the sections of the code