Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1895-10-03

prosecuting witnesses only. w hen
it has been established that a
crime has been committed and that
the person accused is guilty as APP
pears by the testimony of the
prosecuting witnesses you will
make presentments of the cases
for the consideration of the court.
If the accused have any defense ii
must be presented in this court and
not before you. The district at
torney will advise you in each case
as it comes up as to the amount OF
testimony which may be required
to sustain an indictment. The
number of witnesses is immaterial
except in two cases, one of which
is treason and the other perjury.
In such cases two witnesses are re-
quired. In perjury one witnes.
and corroborating facts which
would be equal to the testimony of
one witness would be sufficient.
Your foreman is authorized to
administer oaths. You will select
one of your number as clerk who
will make notes of all the evidence
taken before you. He should care
fully note the christian names of
the accused especially and also OF
the witnesses.
The grand jury in the Indian
Territory consists of sixteen per-
sons and that number must be pres
ent when any bill is found. Twelve
of your number must vote for find
ing the bill. Otherwise the bill
should be ignored.
| desire to call your especial at
tention to Sec. s of the act of
March /, 1895, which is as follows:
Sec. s. That any person,
whether an Indian or otherwise,
who shall, in said territory, manu-
facture, sell, give away, or in any
manner, or by any means furnish
to anyone, either for himself or an
other, any vinous, malt, or ferment-
ed liquors, or any other intoxicat-
ing drinks of any kind whatsoever,
whether medicated or not, or who
shall carry, or in ony manner have
carried, into said territory any
such liquors or drinks, or who
shall be interested in such manu-
facture, sale, giving away, furnish
ing to anyone, or carrying into said
territory any of such liquors or
drinks, shall, upon conviction
thereof, be punished by fine not
exceeding five hundred dollars and
bv imprisonment for not less than
one month nor more than five
years.
Notwithstanding some doubt has
arisen as TO the jurisdiction OF this
court in reference to the offenses
mentioned in section s, you are in
structed to make inquiry and pre-
sent all persons who are guilty of
violating the provisions of this law.
This court has jurisdiction to try
all such persons. In community
so sparcely settled as this, where
there are no municipal govern
ments, no police regulations, and
few federal officials and peace of
ficers, the peace and good order Of
society require at your hands a
thorough and efficient inquiry into
all violations of this section and a
fearless presentation of all persons
who may be found guilty by you.
In reference to larcenies, the
criminal laws of Arkansas which
have been put in force in this ter
ritory are to prevail and this court
has jurisdiction to try all violations
of the laws"
Judge Springer here gave spec
ial charge under certain sections of
the laws of Arkansas in force in
this territory as required by the
statute. These were in reference
to removing mortgaged property
from the territory and in reference
to libels and vagrants.
The concluding portion Of the
charge was as follows:
Criminal laws would be unavail-
ing without your aid. Unless the
grand jury will inquire into and
present all violations of the law
the criminal laws might just as
well never have been enacted, that
is so far as unbeatable crimes are
concerned. You stand as the pro-
tectors of the public and as the
guardians of their rights, and it is
your duty TO see that the majesty
of the law is upheld and that the
community receives that protec-
ton which the law was intended
to give.
You should remember, however,
that the grand jury is not the place
for the qualification of malice or
private vengeance. You should
not permit individuals to use you
as the instrumentalities for wreak-
ing vengeance upon those against
whom persons might have imagin-
ary grievances. Your delibera-
tions must be secret; you are not
to talk outside about what occurs
in the jury room. The person
whose character may be before you
and whose acts may be investigat-
ed are entitled to protection
against any false accusations which
may be made before you, and the
only knowledge which the outside
world is entitled to have of what
occurs In your deliberations is to
be embodied in the presentments
which you shall find and present
in open court. Let your investi-
cations be full and impartial and
your work diligent and efficient.
In conclusion | can only call at
tention to the oath which you have
taken and to urge a full compli-
ance with the provisions; that you