Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1897-10-07
AN ABLE ADDRESS.
JUDGE THOMAS CHARGE TO THE
GRAND JURY.
Adm0nishes Them to do Their Duty
Fearlessly but to Exercise the Utmost
Care and Judgment.

Jury Ol tHelT peers, CltlLeHe vi Tue
community in which they live;
men who stand upon the same
legal and constitutional plane.
You have been selected as grand
Jurors because of your known pro-
bity of character; because you are
known to be law abiding citizens,
because it is believed that you will
stand on the side of law and order;
that you will see that violations OF
the law which are brought to your
attention are properly iDvestigat-
ed, and if the evidence is such as
to warrant you in so doing, that
you will present bills ofindictment
against the offender or offenders.
The duty of a grand jury is a
delicate one; it is one of great re-
sponsibility; it is one which re-
quires the possession of clear,
discriminating intellect; fearless
ness in the discharge of duty, and
a moral stamina which will enable
you to act In a fearless, independ
ent, Just and merciful manner. Ii
a man is guilty, or he is shown by
the evidence before you to be prob
ably guilty, it is your duty to pre-
sent an Indictment against him,
and that too, without fear, favor or
affection; without reference to
whether he stands high or low in
the community; without reference
to whether he is educated or en-
lightened, or whether be is igno-
rant. No man has privileges in
this country over his fellow man.
The law is made for all alike, high
and low, rich and poor, learned
and unlearned, and no favor should
be shown to any man by reason OF
his wealth, learning or influence.
1t is an old maxim of the law that
ignorance of the law is no excuse;
that no man should be excused be-
cause of his ignorance. So you
are, gentlemen, to discharge your
duties carefully, conscientiously
and industriously, and investigate
all violations of law which may be
brought to your attention. If one
of the grand jurors knows of vio-
lation, or of violations of the law,
it is his duty to bring the matter
before the grand jury. If he be
the only witness in the case, he
should be sworn and should give
his testimony as any other witness:
but if two jurors know of a viola
ton of law, they may testify under
their oath as grand jurors, and a
bill of indictment NAV be found on
their oath as grand jurors the same
as on the evidence of other witness
es. 1t is not for you to hear the
evidence for the defense This is
the forum before which parties
may show their innocence; a petit
jury will be selected and provided
for that purpose. You are not to
allow anyone to busy himself in
procuring evidence for or against
anyone whose case you may be in
vestigatlng. nor as palliating or
excusing any crime that may have
been committed. The prosecuting
attorney and counsel for the
defense will attend to that should
an indictment be presented by you,
and the party be put upon trial.
You are not to indict a man un-
less you are satisfied from the evil
dence that there is a probability of
his guilt. 1t is a serious matter to
indict a man. 1t matters not how
innocent he may be, or how high
in the community he stands, the
very fact of a grand jury indicting
him leaves a stain upon his name
that years cannot wipe out; for as
long as the memory of man lasts
or records are preserved, there re-
mains a stain on his name and
character.
You are at once the guardian of
the public veal, and of the private
character of the citizens of this dis
trict. You should not indict any,
one through malice, spleen. or
envy; nor should you allow any
man to go unindicted through fear,
favor or affection. Without your
assistance it will be impossible for
this court to maintain law and
order. AS grand jurors you are
an important branch of this court.
The court confidently expects your
best efforts in the maintenance of
law and order. He expects you to
work diligently, for a grand jury
is an expensive necessity, and it is
your duty to work faithfully, earn
estly and industriously, and this
court warns you that ifit is brought
to the courts attention that any
m member is delaying the work, he
will be discharged from the grand
jury at once. You are to draw
your salary from the public
treasury. 1t is your treasury,
hence the necessity of your doing
your work promptly, and at as
small cost as possible. But,
gentlemen, you are not expected
to adjourn until you have complet-
ed your work.
You are the guardians of the law
and order of this community; you
must look well and thoroughly in
10 all violations of law such as
gaming-gaming in any shape,
manner or form, where there has
been any betting or wagering on
cards, or game, whatsoever its
name or designation. whether it be
called poker. euchre, seven up, or
five up, or any other game, if it be
a game to bet or wager money,
property or other valuable thing
upon, it is your duty to indict per-
sons guilty of such violations of
law. 1t is a violation OF law to bet
on any kind of competition, ball
game, or other kind of game. They
are all gaming, and are in viola
Il r