Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1897-09-19
Grand J uriea.

Today the Grand Jury Of this coun-
~ goes into session under the call OF
Foreman Gev. Russell issued some
days ago.
The Grand Jury IS one Of the most
powerful bodies against evil that our
form Of government, provides for. II
Is clothed with the authority Of law to
investigate and PASS upon not only
cases against The peace and dini;y Of
the State, but; also upon the official
conduct and actions of the public
servants Office holders and otirr-
wise
Ii i generally composed o. men
drawn from a yenire Including some
Of the most trustworthy men that the
country affords and in whom the con-
ffdence O: the people can be reposei
TO DO their duty IL every respect.
By the examination OF competent
witnesses il finds upon iutorma,ious
presented 10 1t and frames indict.
meais against offenders Of the law.
II Is both d safeguard 10 the public
and L terao! 20 the lax breakers.
The question has arisen on several
occasions Is 10 whether or not the uc-
ton Of he Grand jury IL finding "a
true hill upon an information pre-.
&Gted TO it by the District Attorney
preIuiice~ the ca~e of the assumed
maiieasor when il comes on TO be
helrd before the trial jury.
There are able discussions on both
sides of the queS ion. but it would
seem ;o the wr'er that. since under
the law the grand jury merely finds
upon the evidence As to its sufticien-
cE 10 blIb the accused 70 trial. il IN
no way constitutes itself the judge
OF either the Law or the facts. The
accused Is not put upon trial before
the grand Iur! as to the fact Of his
guilt or innocence. but the evidence
Is put 10 test as TO its suifi,iency
against him 10 an extent authorizing
d trial for tie act III question. We do
not thinH that the the findings of the
Grand Jury in any way affect the
fairness Of the defendants actual
iHal. The Jury before whom he Is
tined Is Of course cu-niZaDt o; the
fact that the grand jury has found an
Indictment against him. but this indi-
Gates to them only the fact that that
Iury simply considered tie evidence
WARRANTED them IN holding the accus-
81 for actual tri Al and in no way 81.
fecis the facts i'll the case upon winch
alone the trial jurors are sup
posed To base their verdict.
The trial Juror who would allow
the mere fact Of I'm indictmen, hay
ing been found 70 influence his de.
decision upon the actual facts brought
ont III the trial. fails to understand
the principles OF the Government un-
der which be lives and is too narrow
III his conception OF those princi.
pies.
As Tor the effect which a Grand
Jnry findIpg has upon the law of any
case IT Is nil. II affects the de
nei.her one way nor the
being a. it Is simply a form Of
procedure III the eye Of the law.
The finding Of d grand jury should
no o bearing upon the final
rial and actual guilt or innocence Of
Ia" accI-ed than that 81 a coroner's
Iury. and surely no one roulI suppose
hat the verde; OF murder from a
;oromer's jury convicted the defend
'ni Of the crime attributed TO
Irial by jury is the greatest safe.
guard that the people Of this nation
and no form Of jury a he in
any way considered prejudicial to
heir rights.
The abolition Of trial by jury las
advocated. hut So long rs the
and principles 81 the constitu
ion OF orr land are respected and up.
leld. that long will trial by jury con.
in existence.
We welcome every grand jury as a
member o: ouT boy polite which
ends dignity 20 law and gives cf.
..ecti'encss to our system. 1