Southwest-sentinel. [volume] (Silver City, N.M.) 1883-189?, 1895-05-28

w } Rose, Jr, j Gales,
John w Gill, n II Feisohman,
g Para. BIZ Allison,
j j. Foster, o r Scott,
TIE Brown, Frank Miller,
w S F~arusworth, ZIP B%raunin,
p b Lady, Robsft Swan.
Geo Williams, a Robinson,
Henry Rosenberg, Reee Herldon.
Jos Aronheim, N Grenfe.t,
Chas. Farnsworih Robert Worthen.
Judge Bantz gave the following charge
to the grand jury before investing them
with authority:
Gentlemen Of the grand jury;
The law has coniidcd TO your body the
high and delicate trust of mourning into
an public ofonsas committed or triable
In this County. ia order that those who
have committed crime may be indicted
and brought TO trial.
The grand jury system has often boon
the subject OF III judged and incorporate
criticism. The system Is noi the produc-
ton Of the shallow experience OF a few
men or OF a short period OF time, but it
rs a system which has grown from the
experience OF centuries. Mr.. Blackstone
mentions as one of the t%yrannies Of Hem
~ VII, that informations were employed
instead Of indictments by grand jury.
Every one must recognize that the
power to initiate criminal prosecutions
must reside somewhere. When the
power has been conided to a single pros
! ecutiug officer, il has boon found to be
often times an Instrument OF gross in
justice, and sometimes an instrument of
oppression. Recognizing these evils, one
Of the FIRST amendments to the cnnshtu-
tion Of the United States declared that
with certain exceptions, no person should
be held to answer for q capital or other
wise infamous crime unless IN q present
ment or indictment Of a grand jury; and
similar provisions are &c be found In
many Of the state constitutions. Costly
experiences OF tho past, grayed deep on
the pages Of English history taught our
fathers the value Ola clear and positive
provision securing to the citizen as the
prerequisite 10 a serious criminal charge,
that it should first be endorsed by the
judgment Of a grand jury, a respectable
number Of men, summoned from the
body of the community and in a great
1 measure lLrHl NRtl tue AillltNAIla Ol UAd-
sion, OF prejudice, or Official power.
The grand jury system is worthy OF
public esteem, but the manner in which
it is sometimes prevented and infused Is
the fault which has really been the
source OF complaints, and these are
chiefly:
First The disclosures OF grand jury
secrete, and, Second-Jhe over-hasly, OF
or on the other hand, too minute inyesti
CATION Of charges OF crime.
The law prescribes severe penalties foi
the disclosure OF transactions happening
IN the grand jury room. and 10 is incum.
bent upon overl grand Juror 90 keep
Thorn secret. and he should also KEEP
secret whatever he or any other grand
juror may have said, andin what manner
he or any other grand juror way have
voted, and 10 what manner any witness
may have testified, and as TO the parlio-
nlar charges under Investigation. When
information as to these matters is carried
to persons outside Of the grand jury
room, it oftoa follows as a result that
improper and vicious influences are
brought to bear upon the ludividua
members of the grand jury, to prevent
OF TO induce the finding OF indictments
and thus the very fountain OF crimina.
is polluted. The secret session OF ths
! grand jury was intended TO secure per
feet freedom to its members 10 the exer
else OF the high and delicate delibelativl
trust; il was also intended to protect
the citizen from the INJURY to his repu
tation which the fact Of a grand jurl
Investigation might involve, II known
and also TO prevent the escape OF thosl
who may be accused OF crime.
In the investigation OF charges, wheth
er made by a member Of your body o.
any other citizen, the testimony mus
be given before you under oath, by wit
nesses who can testify uf their owl
knowledge aud not mere rumor or here
say; your foreman has power 10 admin
lister oaths for this purpose. After yoI
have heard the evidence, II you believe
that, unexplained ard uncontrolled
ed. 10 would warrant a conviction
lot the accused before q peti
jury, and IL, moreover, You belieV.
from such testimony the accused % b
!, guilty Of the o~ilense. then you shouiI
find aa indictment aaainst him. loI
ere not expected TO hear or examine h
detail an OF the evidence which might b
produced 10 regard 20 q charge; DC wil
be sufficient II You examine just 8
much testimony as will Convince you D.
regard to the accusation, and as TO tn.
result which might be expected on th
same testimony before O petit jury.
, YOU do not believe the accused to b
guilty. under the evidence. or if yop q
not believe that that the evidence bofor
You, even Il explained and uuooutradiei
ed. would be sufficient 20 warrant th
{ petit jury 10 connecting tho accused
3 then you should refuse 10 find IN n
dictmont. But you are rot called upO
to indulge In fancilul coniectures as {
possible explanations which the accuse
B may have; when the sworn tcstimon
before you shows tho guilt OF tho aeeui
ed sufficiently, as already stated, it wi
hayOur duty TO return an Iudictmcn
You are not bound % hear testimony x
the accused, but IL you have reason I
( believe thnt other testimony ia With
i your reach which would explain ava
the charge, you should require such a.
idcnco to be brought before y0ui ii
other words you are not bound to bus
j. tor or look up testimony FOR tho nccusel
X or 10 examine with minutness and IN dI
tail the whole OF the testimony whic
might be presented III relation TO u
crime, yet III you know Of testlmon
y which will show the accused % be &
%noceni, It will be your duty to hear
. and 10 may be you win thus saws Ct
country the expense OF 40 indlctmeI
o and trial, and the accused from the 81
grace Of criminal accusation When q
preliminary hearing has boon bad
which tho testimony has been tokl
down by o stenogrnpher. the TRANSCRIPT
lr notes being only authenticated. may
{ considered by your body, without
.c curing The expenfo Of the personal {
tendance 81 tho witnesses, unless 50