The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-18
The Grand Jury.


When Deputy Clerk Higgins called
the names upon the grand jury venire.
there was a response TO all except that
of John Purtle, whom Judge Woody ex-
cused on account of sickness. The man,
Joseph Stark. who is charged with
stabbing Myers last week, was brought
into court that he might challenge any
of the jurors. Wallace p. Smith was
appointed as Stark's counsel and waiv-
ed all challenges. Then occurred the
Glenn incident and Clerk Higgins pro-
ceeded to draw the names of the seven
men who will constitute the grand
jury.
The first seven names drawn from the
box were those of ]. f. Mcclellan of
Bonner: w. A. Cook and Joseph Busch
el of Bonita; w. b. Russell of Eddy; G.
d. Gibbs of Horse Plains: James Bean
of Superior; William Kelly of Missoula.
The other seven men on the venire
were excused. Judge Woody appointed
w. Il. Russell as foreman and then
charged the jury as follows:
Gentlemen of the grand jury: The
law requires upon your being impanel-
ed. that the court deliver a charge and
read such portions of the statutes as
have reference to your duties.
THE grand jury is an ancient and
honored institution and is one of the
valuable auxilliaries of the court, and
up to within a few years past, in all
the states in the union. no person could
be tried for a felony except upon in
dictment by the grand jury; but of re-
cent years a number of the constitu-
tons of the different states have been
so changed whereby persons charged
with a felony might be tried upon an
information filed by the county attor-
ney. or by indictment. And while the
constitution of Montana provides that
an information may be filed charging
a person with a felony IL has not done
away with the grand jury system: and
grand jury is only called when the
judge or court shall deem it necessary.
Grand juries are essentially necessary
in many cases.
I'm many cases where the facts are
well known to the county attorney, he
may file an information; but there are
other cases where the facts are not
within the knowledge of the county at
torney and witnesses are loath TO dis
close them TO him and he has no means
10 compel them to make disclosures"
Judge Woody then read several por-
tons OF the penal code. beginning with
Section 1880, respecting grand juries.
The grand jury must inquire into
the case Of every person lodged in the
county jail on a criminal charge
agains whom an indictment has not
been found. You must inquire into the
management and condition of all the
public Offices and officers.
1T is your duty to examine into the
management and condition of the
county jail, see the manner in which II
is kept, the number of persons in the
Jail. and the number of persons car
rfed on the books. and see whether
there are any persons in there against
whom indictments have not been
found. And not only the county TAIL
but all public offices and persons. Ex-
anime into the condition Of the city
prison. Sometime ago there was COM
plant made against the manner in
which the city prison was kept. A for
mer grand jury was charged on this
point, and they investigated the matter
and made certain recommendations re-
speeding IL.
1T will be your duty while examin-
ing into the county and city Jail 10 see
whether any alterations or improve
ments are 70 be made therein or in the
management thereof
The grand jury is entitled 10 free
access at air reasonable times into an
public Offices and records. II may al
all times ask advice Of the court or the