The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1895-09-17
IN THE CIRCUIT COURT
The September Term Opens
With Large Docket.
a VERY INTERESTING CHARGE
Delivered by Judge Mcbride to the
Grand Jury-NOt to Consider
Justice of Peace Cases.

The circuit court convened yesterday
morning at 10 o'clock, Judge Mcbride on
the bench, Sheriff Hare and Clerk Dun
bar In attendance.
The first business of Importance was
the organization of the grand jury. The
members who responded to the roll call
and were qualified are as follows: s. X.
Stanley, Paul Lewis, Jas. Brown, Leo
Noe. e. c. Jeffers, II. {. Harrison, w.
II. Radcliff.
Judge Mcbride appointed =. C. Jeffers
as foreman, and then charged the jury
in substance as follows:
Among other duties you will be charged
with that of making indictments for all
offenses of every nature committed in the
county. You will also have to consider
some offenses committed without the
county, as for instance, where property
was originally stolen in some other coun-
ty and afterwards brought into this
county. You shall also investigate all
offenses committed on the Columbia riv-
er opposite Clatsop county including all
0ffenses committed against the Oregon
law on the waters of said river at any
point below low water mark on the
Washington shore, particularly such Of
lelSto dS are NlOldllOlS VI ittWS VI lue
state of oregon regulating fishing on
the Columbia river. This includes trap
fishing with appliances which are fix
lures in the bottom of the river, as well
as net fishing; violations Of the Sunday
laws of this state which has complete
jurisdiction in such matters, and If there
be cause for indictments in ouch cases
such offenses are to be treated as having
occurred within this county.
You will find two classes of actions
coming up before you. Cases where
parties are in Jail or under bonds and
cases where complaints are just filed.
1t is a matter of common justice, and /
would so recommend that where party
Is in Jail, or out on bail, you should no.
tffy him of action taken and give him
the privilege, If he so desires, of ap-
pearing before the grand jury in person
and testifyng or producing any witnesses
he may have. Give every person held to |
answer for crime the opportunity of hav-
ing a full hearing in the grand jury, as /
far as possible. OF course this is i'm |
practicable where parties are not bound !
over. But in all cases where parties are |
under bonds OR in jail 1 would recon- !
mend that you give them an opportu-
nifty to be heard You have no right |
to compel them to testify if they do not |
WISH 10 bD So. Inc ldW uOeS HOl COIn-
pei man to testify against himself, but .
If they desire it you should notify them .
that If they wish to be heard they can.
In this way many small cases may be
disposed of and the county saved great
expense.
The district attorney will prepare in
dictments for you, and if you are salts
fled the facts sustain the charges you
will return true bill, and if you do
not find sufficient grounds to mai 1tain
the charges you will return a mot true
bill" In this class Of cases parties will
of course be either in Jail or upon bail,
but 1t does not belong to the grand jury
to hear evidence for the defense in GRIM
inal cases where the parties are at large.
You are not limited, however, in your
labors to cases where parties have been
before the justice of the peace and bound
over by him. but you have the right to
inquire into all cases that come to your
knowledge and issue subpoenas for wit
nesseS in al cases where you have rea-
son to believe that crimes have been
committed. You are not compelled to
take up cases because some party makes
complaint. You find in all communities
parties who make complaints in trihing
matters and who attempt to wreak re-
renvenge upon their neighbors in family
anu ppilllCdl matters lUTOuSn lllt BTdnu
jury ROOM Before taking up such cases
you should find out the character of the
man making the complaint. This is
large county, where the distances are
great and you are not bound to put the
county to expense for small and trifling
matters, brought at the instance of peo-
PIE who are unreliable. But only such
cases should be considered as are of an
important character.
Another class of cases that viii be
brought to your attention are wher,. JUS
tce courts and the circuit court have
jurisdiction, such as petty
larceny, assault and battery etc. In
such cases / would recommend that you
first ascertain If an attempt has been
made to try them in the local courts
In this court the expense of trying any
case, even a very small case, is not much
less than $4,000, while in the justice
court they can be tried for $40 to $50
There they can be disposed of expeditions
ly and at small expense. In al such cases !
unless you find that the local magistrate
has refused to give the parties a hear
ing, l would recommend that you refer
the complaining parties to the justice of
the peace. 1 make these suggestions be-
cause, as we all know, these are eX- 7
ceptionally difficult times and money is
scarce anu IL ~ as udIu uldlleT LOT
people to get money with which to meet
their taxes as for any other object ana
It is important that expenses be reduced
TO the minimum One of the heaviest
expenses of this county is the circuit
court, Each term costs several thous- ,
and dollars and 1t is important that your
expense he kept down all that is poss-
be and that your time be not occupied
by trivial matters, to the increase of the
burden of the people. So chat while it is
important that you see that justice is 7
lone in all cases. it is also important
hat frivolous cases should not be enter
aimed and brought into this court, 1t
5 equally important that cases that can
,e tried in the justice court instead of
his court, should be so tried. 7
In addition. you, as indictlng officers
or crime, have the right to investigate
nto the conduct Of the various county
Ulcers, from the judge of this court to 2
he constable. to see whether they are
their duties properly wheth-
r their books are properly kept, and @
moneys properly expended, and to cali
he attention of this court 10 such mat
ers, or return indictments If deemed
dvisab,e; also the right TO recommend
ny Improvements for the benefit of the
ublic All such recommendations will
e transmitted 10 the county court for
ction 1t win also be your privilege to
lquire into the care of the county pau
ers. public roads and TO inquire into !,
he general management of the affairs OF =
his county. You have the right to in S
estigate into all of these matters and
AXE such recommendations as the cir
INSTANCES may demand
You are not governed by the sittings
this court. but may meet from time F
time as you may see lit But
ould recommend that you dispose of
lie business that may come before you NJ
speedily Is possible. as 1t is not IA
'obable that there viii be much civil A
Isiness before You II is important
lat the criminal business be disposed
as soon as possible.
You Will ohserve that from vonr oath