The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-11-16
THE BANKERS CASES
Federal Grand Jury Meets and
Begins Its Investigation.
Judge Bakers Charge in F~ull-POints
0fthe Banking Law-Reference Made
to the White-Cap Industry.

the United States grand jury which will be
called upon at this session to investigate
some very important matters, prominent
among which is the wreck of the Indianap-
oils National Bank, from which building a
dray loaded with books and documents TO
be used In the investigation was hauled up
to the federal building and it's burden car
ried to the grand jury room. In the after
noon the Judge caused the jury to be as
sembled before him in the court room, and
appointed Z. H. Talbot foreman. The jury
are selected from different parts of the
State, none Of them being residents of this
city or county. Their names are withheld.
The charge was as follows:
Gentlemen of the Grand Jury:
The act of Congress provides that every
grand jury impaneled before any district
or circuit court of the United states snail
consists of not less than sixteen nor more
tnan tWenty-three persons. 1t is made the
duty of the court from the persons so sum-
moned and accepted as grand jurors to ap-
point a foreman. who shall have power to
administer oatns and aftirmauons 10 wit
neSseS appearing before the grand jury.
III grand Jury ought to take down the
material parts of the testimony OF all wit
nesseS sworn and examined before them,
ana 10 accomplish this purpose you will
select some member of your body who is a
rapid and competent pSnman to act as
clerk. 1t is important TO the ends of JUS
llcS tIhdl lllS QulN SnOUlQ De IdlLuIully per-
formed. This testimony is taken down for
the use OF the district attorney to enable
him To determine what witnesses are neces-
sary to be subpoenaed on behalf of the
government when the parties under indict-
ment come to be tried before the traverse
jury; and also to refresh the memory of
orgetful or unwilling witnesses by bring
ing to their attention what they have tes-
tined TO before the grand jury.
1t Is made the duty of the district attor-
ney and his assistant to attend your sit
tings, to assist you in the examination of
witnesses, to aid you with his advice touch
ing questions of law, and when you nave
agreed to return an Indictment it is his
duty to prepare and sign it. Neither the
district attorney nor his assistant should
email in your room while you are can
vassing the testimony and reaching a con-
clusion touching the question of finding an
indictment or of ignoring the charge. IN
addition TO invoking the aid or the district
attorney and his assistant in regard to
questions of law you may at any time sub
nit such questions to the court. who Will
give you such instructions as he thinks,
proper.
1t is your duty honestly, carefully and
fearlessly TO investigate all violations Of
the statutes of the United States brought
to your attention. You should indict no
man from bias, passion or prejudice, nor
should you let any person go ~un1ndicted
from fear, favor or affection. You ought
not to indict any person unless from the
evidence before you, you feel a strong per-
suasion of his guilt and a reasonable prob
ability of his conviction. The jurisdiction
of the court is coeXtensiye with the State,
and all violations of the federal laws com
mitted within the State are cognizaple by
you. No indictment can be found, nor can
any presentment be made, without the con-
currence of at least twelve grand jurors.
When you have agreed to return an lndlct-
ment it must be Endorsed by the foreman
writing his name with the word foreman
thereon ana returned by you into open
court.
The Jurisdiction of the federal courts over
crimes and misdemeanors is purely statu-
tory. This court has no jurisdiction over
onry Vonro1r nann~nn Iaxy nffnnGQS The Com
stitution of the United States gives Con-
gress power to punish offenders for coun-
terfeiting coins and securities or the united
States, to define and punish piracieS and
felonies committed on the high seas, also
offenses against the law of nations, and to
make rules for the government of the lana
and naval forces, TO exercise jurisdiction
over the seat OF government and over places
purchased for forts, arsenals, magazines.
other needful public buildings, and to make
all necessary laws 10 carry these and all
other powers conferred upon Congress into
execution; and also TO enforce by appro-
pirate legislation the fourteenth and III
teenth amendments to the Constitution OF
the United States: 1t would prove tedious
and il is not needful to enumerate all the
crimes created and defined 10y the several
acts of Congress. ] shall content myself
with calling your attention to those classes
of offensSs which are most likely 10 De
brought before you for investigation:
To make, utter or pass as genuine any
false, forged or counterfeit coin in the
similitude Of the gold, silver or other coin
OF the United States, constitutes the crime
of counterfeiting, and is punishable by fine
and Imprisonment. 1t is also a like ofTense
to counterfeit any obligation or security of
the United States, any national bank note,
letters patent, certificate or entry or goods,
bid. guaranty or bond required by act OF
Congress, any certificate or warrant for
land, any power OF attorney required by
federal law, any certificate OF registry or
enrolment Of a vessel, any passport, sea
letter. clearance debenture or permit and
other like instruments. 1t is made an Of
Tense to have any of these things in pos
session with the intent TO pass OF use IneIn
as genuine.
TO obtain the means necessary to carry
on the government Congress has enacted a
system of laws imposing duties and inn
posts on certain classes and kinds OF goods
imported into this country, and has also
imposed duties and imposts upon certain
kinds of goods of domestic production and
manufacture. The duties and imposts lev
led upon foreign imports are called tariff
duties; those levied upon goods or domestic
production are called internal revenue du-
ties. The raising of money for government
tai purposes Is necessary to the peace and
good order of civilized society. and yet no
man surrenders any part OF his private
means for public uses without being COM
PEELED thereto by the c~oercive power Of
law, and experience has demonstrated that
nothing but the most rigorous laws honestly
enforced will induce men to bear their just
share OF these pulic burdens. Many penal
statutes. provide for the punishment of Of
lenses against the tariff and internal rev.
enue laws. l have no time to enumerate
them, but wherever your attention is called
to the violation OF any of these laws you
will investigate the charge.
I do not know whether you will have oc-
casiOn to investigate any violation of the
federal statute for the protection of civil
rights and the free and unobstructed exer-
else of the elective franchise. In an ideal
republic where every citizen is an honest
man and q sincere patriot, where each was
willing TO yield to ali others the rights
which he claimed for himself, there would
be no. need of laws to guard the purity of
tho hollnt hoy Dnf 1fnfnrf1InQ FQtu tho
passions engendered by party strife, the
seductive influence of public office, the lust
and greed Of power and patronage, and the
emoluments honestly and dishonesty to De
obtained by the successful party, have in
every republic proven TO be such powerful
incentives of corruption and crime that
even the most rigorous laws nave proven
inadequate to meet and master the evil.
These are crimes which strike at the in
alienable rights of man and threaten the
integrity OF republican government. IL any
violations of these laws are brought to
your attention investigate them fearlessly
and imDartially, remembering that he
serves his country best who serves the
cause of justice best.
1t is your duty TO inquire into the official
misconduct OF every officer of the federal
OF course, 1t is not expected that you will
enter upon any general investigation of the
conduct Of federal officers, but If any viola
ton of the law on the part OF any officer
is brought to your attention you will in
vestigate il fully and thoroughly. The
knowledge that their official conduct may
be brought under investigation by you will
prove q wholesome restraint.
| am not aware that any onenseS against
nr1h1fn fprCtfnn will demand NnTTr attention