Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1896-02-06


humble they may be and however
unimportant they may seem to
you. The grand jury is the place
where people may come to seek
redress for their grievances which
they are entitled to before the law.
You should listen to all these COM
plants with the utmost patience
and give due consideration to the
same.
1t is not your province to deter
mine ultimately the guilt of the
accused. You are body of secret
inquisition. You are to hear only
the evidence that comes from the
prosecuting witnesses. You are to
determine whether any crime has
been committed, and where you
have reasonable grounds to be-
lieve that the person charged is
guilty, you will present him TO the
court, where he will be tried; and
if he has any defense to set up, he
will set it up here, and not in your
presence.
The number of witnesses upon
which to present an indictment is
immsterial-one witness is suffi-
cient, except in two classes of cas-
es, one of which will not probably
come before you at this time; that
is the crime of treason. The 9TH
er is the crime of perjury. In per-
jury cases you will be required to
have the testimony of two witness
es, or one witness corroborated by
such facts as will amount to the
testimony of different witness.
Your foreman is authorized to
administer oaths, and you will Sc
lect from your number a clerk.
who will make notes of all the evil
dence which may be taken before
you. He should carefully note
the christian names of all witness
es and especially those against
whom presentments may be made.
A grand jury in the Indian Terri
tory consists of 16 persons, and 16
persons must be present at every
finding of indictment, II of whom
must vote in favor of each
bill, and failing to receive that
number you should return the bill
as ignored.
1t is my duty to cali your atten-
tion especially to some of the
crimes which it will be your duty
to investigate during your deliber-
ations. The act of March 1, 1895,
contains among other provisions,
the following: THAT every person,
whether Indian or otherwise, who
shall in said territory, manufact-
ure, sell, give away or In any man.
ner or by any means furnish TO
any one either for himself or an
other, any vinous, malt or fer
mented liquor, or any other fer
mented drinks of any kind what
ever, whether medicated or not,
or who shall carry, or in any man.
ner have carried into said territory
any such liquors or drinks, or who
shall be interested in such manu-
facture, sale, giving away, fur
nishing 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 by Imprisonment for not less
than one month nor more than
five years. :"
This statute has been enacted by
congress in view OF the peculiar
conitions which exist in the lndi-
an Territory, and it will be your
duty to make special investigation
in regard to violations Of this
statute. AS you will note from its
reading it applies to all classes OF
citizens, and all persons, whether
Indians or otherwise, shall be SUBJ
ject to the penalties of this statute
You will notice that this statute is
directed to the suppression of in
toxicating drinks. Such drinks as
will not produce intoxication are
not within the meaning of the
statute, but all drinks that will
produce intoxication are within its
meaning, whether medicated or
not, and you are specially charged
to make inquiry as to those viola
tions or evssions of the law which
are covered up by various names
OF medicines and bitters, which are
mere subterfuges to prevent the
operation of this law and to sur
reptitiously getinto circulation and
use in this territory intoxicating
drinks. All persons, no matter
what their names may be, or how
much they may be concealed by
labels, are within the meaning of
the statute. and no matter who
may be engaged in the manufact-
ure or sale of the same within the
Indian Territory, should be pre-
sented by you as violators of the
law.
There are two other statutes
which it is my duty to call your
attention to. One is the statute in
reference to slander. which is en-
braced in section 1918 and sections
down to 1920 of MaDsfield's Di-
gest of the Statutes of Arkansas,
which are in force in the Indian
Territory. You will Investigate
all offenses ofthat kind and make
presentment of same.
Further special charge will be
given in reference TO the removal
of mortgaged property or property
subject to lien. The removal of
such property from the Indian
Territory or from the jurisdiction
of this court, is defined by the law
as felony aud subjects the per son
guilty thereof to an indictment,
and upon conviction ne shall be
sentenced to hard labor in the pen
itentiary. This statute relates TO
the moving of mortgaged property
or property subject to any lien in