Daily independent. [volume] (Elko, Nev.) 188?-1915, 1897-09-17
DAILY INDEPENDENT.
Grand Juriea.

~
ty goes into session under the call Of
Foreman Geu. Russell issued some
days ago.
The Grand Jury is one Of the most
powerful bodies against evil that onr
form Of government provides for. 1t
If clothed with the authority of law to
investigate and pass upon not only
cases against the peace and dinity Of
the State, but also upon the official
conduct and actions Of the public
servants. Office holders and other
wise
1t is generally composed of men
drawn from a venire including some
OF the most trustworthy men that the
country affords and in whom the con-
fidence of the people can be reposed
to do their duty III every respect.
By the examination Of competent
witnesses it finds upon informations
pre5ente to it and frames indict-
ments against offenders of the law.
1t is both a safeguard 20 the public
and terror to the law breakers.
The question has arisen on several
occasions rs to whether or not the ac-
tion Of the Grand Jury i'll finding IA
true bill" upon an Information pre-
sented to it by the District Attorney
preJudlceS the case of the assumed
malfeasor when it comes on to be
heard before the trial jury.
There are able discussions on both
sides IF the question, but it would
seem to the writer that. since under
the law the grand jury merely finds
upon the evidence as to it's sutficien-
cy to bind the accused to trial, it in
no way constitutes itself the judge
Of either the law or the facts. The
accused is not put upon trial before
tire grand jury as to the fact of his
guilt or innocence, but the evidence
ID put to test as to it's sufficiency
against him to an extent authorizing
a trial fo7 the act in question. We do
no: think that the the tinlinga of the
Grand Jury in any way affect the
fairness of the defendants actual
trial. The Jury before whom he is
tried is OF course coynizint Of the
fact that the grand jury ha. found IN
indictment against him, but this indi,
Gates to them only the fact that that
jury simply considered the evidence
warranted them IN holding the accus-
ed for actual trial and in no way af-
fects the facts in the case Upon winch
facts alone the trial jurors are sup
posed to base their verdict.
The trial Juror who would allow
the mere fact of an indictment hav
ing been found to influence his de-
decision upon the actual facts brought
ont in the trial, fails to understand
the principles of the Government un-
der which he lives and is too narrow
in his conception Of those princi.
pies.
As for the effect which Grand
Jury finding has upon the law of any
certain case it Is nil, 1t affects the de
PENDANT neither one way nor the
other. being as it is simply form of
procedure in the eye of the law.
The finding of a grand jury should
have no more bearing upon the final
trial and actual guilt or innocence of
the acc ised than that of coroner's
Jury. and surely no one could suppose
that the verdict of murder from
coroner's jury convicted the defend.
ant of the crime attributed to
him.
Trial by jury is the greatest safe
guard that the people Of this nation
enJ'v and no form Of jury can he in
any way considered prejudicial to
their rights.
The abolition of trial by Jury has
been advocated. hut so long Ms the
tenets and principles Of the constitu
ton of our land are respected unl nm.