Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-08-09

the leser. ofenses against the person,
and that a marty who is indicted by the
Grand iurv for murder, when put upon
his trial before the petit jury, may De
found guilty, if the evidence warrants
II of any OF the lesser degrees or crime.
That is. he may be found guilty OF muir
der in the second degree, of mansiaugh-
ter either voluntary or Involuntary, OF
he may be acquitted altogether; so thaI
the party indicted can just as reaolly
show that he is only guilty OF mis-
demeanor, or his absolute innocence OF
any crime. under an indictment Tor
murder. as he could under an lndict-
ment for manslaughter; but it is the
duty and peculiar province Of the petit
iurv. before who he is to be tried, 70
determine under the evidence OF what
degree of crime he is guilty, and not
for the grand jury
Another matter which it is proper
10 call your attention TO Is as 10 the
number of witnesses that should be
called before you. II is not necessary
that all the witnesses to a transac-
ton should be called before the jury.
The number OF witnesses that should
be called before the grand jury is
matter largely within the discretion
Of the Prosecuting Attorney, who has
the matter in charge, and who is the
officer whose duty il is to secure the
evidence and prepare the case for the
grand jury It is only necessary for
you TO have sufficient evidence to
establish the facts with reasonable GER
tainty. One witness, if you believe
his Testimony. is sufficient to establish
the facts TO which he testifies, and
while il might be possible to establish
the same fact by a dozen other wit
nesses, vet it would be burdensOme
10 the State, tiresOme to the grand
Jury and wholly unnecessary to have
them summoned. So that while
score or more Of persons may have
been present when the killing occur
red, if but one of them appears before
you and testifes, and you believe his
testimony, that is all the evidence nee
essaTy.
New. gentlemen Of the grand jury.
I have as clearly as ] could, under
the circumstances, indicated to you
your duties. / trust you will feel
and appreciate the grave responsible
ties that rest upon you at this court
in discovering and Furnishing crime,
and that you will be true to your
oaths. present all offenders against the
law without fear, favor, Partially or
affection
Upon returning to your room you
elect one of your number clerk,
who will take down the names Of the
witnesses sent 10 you, and such Of
the evidence as is proper. Fifteen
OF your number can transact business,
twelve of your number may find a true
bill
Additional instructions were given
by the court TO the grand jury at call
ing of the afternoon session, as fol-
lows:
Genuemen-There is one matter
that I omitted 10 say TO you this morn
ing that I think l oughttO say to
you now, and that is with reference
TO the law that governs your action.
You take the regulation and the rules
of law that govern your action from
this court; they will be announced
to you by the court. Whatever the
court announces to you as the law Is
the law. so far as yGu are concerned,
no difference whata anybody else may
no difference What anybody else may
think about Il, or what opinion they
may have (bout it. So far as you
are concerned you will be guided I'M
der the laws this court gives you
alone and nothing else. Observe that,
gentlemen. l ought to have said
that this morning, and overlooked it.
The grand jury is all in a31 you may
retire to your room and proceed with
any business that may be presented
to you.