The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-11-10

The United States courts met yes
terday morning, with Judge Marshall
on the bench. The chief business was
the impaneling of grand and petit
Jurors for the term of court just opened
The following gentlemen constitute
the grand jury: John T. Ciaseby, B. G.
Raybould, Ben R. Eldredge, W F. st.
John. John Godin, Joseph A. Silver,
John Clark, William Mcqueen, H. P,
Richards, James H. Ball, W. G. Sharp,
Eli Manning, z. G. Holding, w. b.
Dougall jr., c. A Monsen, Milando
Pratt and John s. Groesbeck.
Mr.. W. G. Sharp was appointed fore
man of the grand jury. and they were
sworn, instructed as to their duties ana
retired sn charge of a bailiff to begin
work. The district attorney stated that
the time occupied by the grand jury
would probably be about two weeks.
The following constitute the petit
i,1rv SO far as shown qualified from ex-
animation: a F. Barnes. John Il.
Dooly, Thomas Hull, W. w. Ritter, X.
q. Savage, Peter Lowe, Andrew Peter
son sr, Arthur Parsons, j. w. Tate, u.
II. Bachman, Thomas Aston, w. Z.
Burton. William C. Clark, H. ]. Can
non, H. c.. Park, John Boyden, A. Il.
Romney and Joel Parish.
Messrs. Henry Barnes, Peter GreaVes
ir. and William Kent were on gooo
excuses given excused from service on
the Tsitil jury.
Messrs. Hoyt Sherman jr., r. r. An
derson, Isaac Barton and Adam Pat
terson, failing to appear in response 10
summons, attachments were ordered is
sued against them.
w. Smith ST., J. H. spargo, T. r. Con-
die were excused as grand jurors.
THE JUDGES CHARGE.
Judge Marshalrs charge to the grand
jury was as follows:
Gentlemen Of the Grand Jury-The
duties imposed upon you are among
the most important to society. Under
the constitution of the United States,
no serious crime against the United
States can be prosecuted unless an in
dfctment be found by grand jury. The
way you should discharge your duty is
indicated in the oath you have just
taken.
You have sworn to diligently inquire
into and true presenFment make OF all
such matters and things as shall be
given to you in charge, or shall other
wise come to your knowledge touching
the present service. The matters spec
tally given to you in charge VIII be
presented to you by the United States
attorney. who will appear before you
as the representative of the govern
ment. He will examine the witnesses
before you and will cause to be
sulpoenaed such other witnesses as you
may direct.
If. in the examination as 10 any
offenee so given to you IN charge, the
evidence tends to show the commission
of some other offense against the
United States, 1T is your duty to IN
yestigae such ether offense, and make
presentnenIC thereof. if the evldence
warrants it. 1t is also the duty OF amy
member Of the grand jury, if he has
knowledge of the commission Of any
offense against the United States, to
cali your aGteri.icn to il; and you
should then fully investigate it, and act
in accordance with the evidence pre-
scented. You must not receive any out
legal evidence, that is, evidence when
would be admitted in a, court OF JUS
tice on a. trial of the accused for the
offense charged Hearsay, rumor and
suspicion are not sufficient to put in
jeopardy any mans liberty. 1t is
wrong to society THAT crime Should go
unpublished but you must remember
that it is a serious wrong THAT an in
nocent man should be causeaesSly in
dicted: therefore you will not be jus
titled in finding an Indictment against
any one, unless the evidence before
you. if taken alone and UNEXPLAINED,
would warrant petit jury in finding
a verdict of guilty In other words,
the evidence so considered must con-
vince you of the defendants guilt be-
yond a reasonable doubt.
Nothing is crime against the
ha
made so by statute. The United
States attorney win direct your atten-
ton to the necessary provisions of the
statutes. and will advise you as to
their constructions. You can at any
time apply to the court for direction
as to any matter of law, which direc-
ton il will be your duty to follow
for grand juries are not constituted to
try questions of law. 1t would be
violation of your oath to refuse TO
find an indictment because you disap-
proved of law or doubted the wis
dom of IT'S execution in a particular
case. The discretion 20 enact laws is
vested in a different department Of
the government; and courts are sworn
to administer them. The pardoning
power intervenes to save from punish
n-eil- ,lC5e who while technically
guilty OF an offenSe, do not morally
deserve sentence With that power
you have nothing to do. When you
do your duty, you can anticipate shat
those in whom that power is vested
Will not be lacking in their duty
You have sworn TO present no per-
son through malice, hatred or ill-will
and that you will leave no one UMPIRE
scented through fear. favor or affection
or for any fee or reward, or the hope
or promise Thereof.
That you may not be made the in
strument of i'll will rather than OF JUS
tice, you will not permit private prose
cutors to appear before you. Such
prosecutions are so frequently the re-
suit Of malice and revenge as to make
it unsafe to attempt to DO justice in
cases prosecuted with such motive
Of course you will understand that no
witness should be debarred from teSti-
flying because he happened to be the
person Specially injured by the crime.
You will not permit any person to be
present with you during your delibera-
ton on the finding of an Indictment
nor any person other than the witness
testifying and the United States at
torney, or assistant United States at
torney, during the taking OF The testi-
nony.
You may retire, subject to the call
of your foreman.
Pehrsons Dismissed.
In the case of the two old people,
Paul PETERSON and his wife, Petronella