The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-09-09
AL OVER THE TERRITORY.
Fall Report of the Court Proceed.
ings at Beaver.
THE CASES TO BE TRIED.
Charge of Judge Bartch to the Grand
jury.
Beaver County School Funds = Logan
Items = Obituary. Beaver Man In
5ored in the North-Damage Done
by Grasshoppers-schooI Houses.

5ured in the North-Damage Done
by Grasshoppers-schooI Houses.
BEAVER CITY, Sept. S.--Court con-
vened for the Second district at 2 O'Clock
today. There was present Hon. G. W.
Bartch. Judge J. w. Judd, United States
district attorney, and Nat NJ. Brigham
United States marshal. Besides these
officers of the court there were present Mr..
w. M. McCarty, who will assist the
United States district attorney during
this term, Mr.. W. C. Riley of Salt Lake
and M. G. Hoover of Marysvale, besides
our regular local attorneys, Messrs.
DENNY, Christian, Leroy, Clayton and
others.
Through the confidence growing among
the people in our judicial matters here,
there is a prospect of quite an extensive
term Of court being held here this term
larger, perhaps, than any held here for
some years past. This confidence I'M
doubtedly has arisen from the action, and
expressed determination of The Hon.
Judge Bartch and United States District
Attorney Judd, during their visit here in
May last, that the judicial affairs OF this
OlSbIlSb Ad4 pGSu c4Al16lu1ly uGSlCCOCQ,
and their personal attention would be
given to matters in this district hereafter.
Probably one of the most interesting
cases during this term to be tried, at last
the one involving the greatest considera-
ton, IS the suit brought by Thomas Nc
Charles against the Horn Silver Mining
company for S25, GOO personal damages.
TEE GRAND JURY.
The grand Jury for the term was called
and empaneled, as follows: George
Hardy, M. d. Morgan, Frank Wright,
Byron Hancett, Alfred Stout, George W.
Laub, William King, William Heston,
Lew Brlnkerhoof Lorenzo Jolley, John
Taylor, E. o. Puffer, (foreman,) Frank
McEwen, George Hutchings and Josiah
Nichols.
The charge to the grand jury, which is
IS follows, was exhaustive and calls spec
ial attention to the great amount of grand
larceny cases that have come to the at
tention of the court, and which have
grown up through the lack of proper ju-
dicial attention in times past:
THE CHARGE.
Gentlemen of the Grand Jury-It is in
cumbent upon the court to charge you in
respect to your duties of grand jurors of
this judicial district.
1t is well known that in all communi :
NACS Al q Ntt14lLO0 COQ4bll JE6I6 are GER
tain members who are prone TO commit
wrongful acts toward the person and
property OF individuals; and there are
others whose conduct is injurious to the
public. In the territory of Utah such
acts and conduct are forbidden by the
laws of the United States or of this terri
tory, and are classified and defined as
crimes. Some of these crimes are of a
deeper and more atrocious character than
others, and the law attaches penalties in
accordance with the degree of atrocity. "A
crime is an act committed or omitted in
violation of some public law, and gener-
ally denotes an offense OF heinous
nature. Such offenses as murder, rape,
arsen, burglary and larceny, are mala in
Sc, bad in themselves, and when perpe-
trated shock the moral sense Of the whole
community. As to them but one senti-
ment prevails throughout ali civilized
countries, and that is unqualified
condemnation. There are other
acts, the eriminslity of which con-
sist, not in simply perpetrat-
ing the acts or in neglecting to
perform them, but in the commission or
omission of them, being in violation of
some positive law, and while these are
not of such an atrocious character, yet
they must not be disregarded. 1t is
equally your duty, under the law, to in
quire diligently into all public offenses
which have been committed and are
triable within this judicial district, be
they crimes of higher or lower degree.
The crimes which may have been COM
mitted again re United States are de-
fined by acrsA9a congress, and those
against the territory by acts OF the terri
torial legislature. They include ell
classes of offenses, which may invite your
investigation, and it is your duty to
diligently inquire into every charge
S.ol,- H.,
ported by such legal evidence as to render
it probable that the offense was COM
mitted. You should examine each case
fairly and impartially and indict no one
through malice, hatred or ill-will, or fail
to indict anyone because of fear, favor or
affection. or of any reward or the promise
or the hope thereof. In every case
it is your duty to ascertain the truth.
This, you will determine from the evil
dence of witnesses, produced and sworn
before you, and from legal documentary
evidence. You can consider none but
legal evidence, the best evidence in de-
gree, and you must exclude hearsay or
secondary evidence. 1t is important that
you should watch closely the witnesses
while testifying, and observe whether
they make their statements frankly and
with can6or, or whether they attempt. to
eva6e important questions, and avoid
telling the whole truth about the case.
Some, known as unwilling witnesses, -
may make false and exaggerated state
ments, and others may be actusted by a
spirit of revenge, or may be influenced by
friendship or interest in the result of the
investigation. Careful observation. while
they are testifying, will greatly aid you
in determining the weight to which their
evidence is entitled, and may prevent
YOUR being deceived by the testimony of
such as may be malicious or unscrupu-
lous.
In determining the result in an investi-
cation, you may take into considerati 4 :,
not only the evidence, but al5o.the circum.
stances proved before yop, but you can
not consider any outside talk or rumor,
and you are not bound to hear evidence
for the defendant; but you must consider
all the evidence submitted to you and
give it such weight as under all the cir
cumstances, it may be entitled to, and if,
in any case, you Lay have reason to be-
lieve, that other evidence within your
reach, will explain away the charge,
whie., you may be investigating, then
you may order such evidence to be pro-
duced; and for that purpose the prosecut-
ing attorney, has power to issue process
for witnesses and your foreman NAV
administer an oath to any witness ap-
pearing before You. If, after full con-
sideration of all the evidence produced in
the investigation of any charge, you ar
rive at the conclusion, that such evidence
taken together, unexplained or uncon-
tradicted, would warrant conviction by
q trial jury, then it is your duty to find
an indictment.
1t the commission of q public offense.
triable within this judicial district. has
come to the knowledge OF any one of you,
or If any Juror has reason to believe that
such az ofiense has been committed, then
it is the duty Of such juror TO declare the