Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1897-03-25

Texas. The gentleman bought good string
Of two-year-old steers which will go into the
Comanche country.
IL SPECIAL grand jury was EN-.
IA panneled Monday consisting OF
II. NJ. Burlington, foreman, VIM. Lit
tie, L. NJ. Ming, e. Brewster, Emmet
Skinner, NJ. Frazee, Jno. l.. Bates, }.
II. Guntcr, +. NJ. Strout, Teece Cham
bers, II. c. Cook, II. l. Blakeney, J. II.
McSpadden, d. w. Vann, John Byrd
and Granville Craig.
CHARGE TO THE JURY.
Gentlemen Of the grand Jury: You
have been empanneled at this time
under the provisions OF section 2O97 Of
what is known as Manshcld's Digest,
being one Of the provisions OF law in
force Ia this territory and in this dis
trlct. l will read portion Of this
section In your hearing: "lf any Of.
fense be committed or discovered dur
ing the sitting Of any court after the
grand jury attending such court shall
have been discharged, said court may,
in its discretion, by an order to he Gu
tered in the minutes, direct the mar
shal TO summon a special grand jury"
1t is under the provisions OF this sec
tion that you have been called togeth-
err, aud therefore you will not consider
any cases, except such offenscs as may
have been committed since the last
grand jury Of this term adjourned or
may have been discovered since that
adjournment. You are not authorized,
therefore, 10 examine any case that
has been heretofore examined by a
previous grand jury. This instruction
covers the case To which Mr.. Don Car
los called the attention OF the court.
That case, having been examined by
a grand jury at this term, cannot now
be re-examlned by this grand jury.
Having been called together for n
special purpose your duties will be linn
tied 10 such ofTenses as may be brought
TO your attention aud which come
within the province OF this statute;
namely: Onenses committed since
the other grand jury adJOurned,or have
been discovered, or brought to the
knowledge Of the officers OF the court,
or Of the grand jury, since that time.
The United States attorney, or his
assistant, will attend you in your sit
tings aud call TO your minds such cases
as may have come to their knowledge.
1t is not, therefore, necessary to
enter into general charge as to your
duties as grand jurors, but will only
call attention TO such matters as are
peculiar to all grand jurles when as
sembled for the purpose OF discharg-
ing the responsible duties which the
law imposes upon them. II Is not the
province OF the grand jury to try the
guilt or innocence OF the persons
whose offenses may he investigated by
you. You are not expected TO send
for all the witnesses aud hear the de-
fense-that is the province OF this
court. You are to report cases where
there is probable cause and Pre only
expected To hear the witnesses for the
prosecution. II prima facle case Is
made out by the prosecuting witness,
IL will be your duty to report the bill;
II not, ignore IL. II the defendant, or
person charged, has a defense that he
desires TO iuterpose, II will be his priv
ilege and his duty 10 interpose that
defense In this court ia the presence
OF petit jury assembled for the pur-
pose OF hearing and trying his case.
The number comprising a grand Jury,
number required to and a bill, duties
OF foreman aud clerk were then re-
lated. The utmost secrecy was en-
Joined upon all the proceedings for all
time, public policy and the rights Of
individuals demanding IL, His honor
warned the jury against allowing their
prejudice tooyercome their Judgment;
also against permitting Others 10 use
the grand jury as a vehicle for perse-
cutting their noighbors; charged the
very careful scrutiny OF the evidence
OF those who might be actuated by
malice aud its corroboratlon before a
bill is reported. While the Judge
would not have the grand jury used as
an engine OF oppression, It's power
must be exercised feqrlessly aud cOur-
ageously; without It's aid the criminal
laws could not be enforced. Patience
and care were enjolned aud a desire ex-
pressed that no guilty person should
be permitted TO escape by reason OF
any kindness, kindred or Partially
that might be entertained for the ac'
cusod. Nor should any innocent per
son be prosecuted by reason Of the ill
will OF any witness towards them.
In all things you must be actuated
by a delicate aud high sense OF justice,
so that the law may be maintained
and that those who are guilty may bs
punished, You can now retire with
your bailin.
The grand jury having been recalled
for further charge, Judge Springer
sald' Gentlemen OF the grand Jury
Since the charge was delivered TO yol
this morning the attorney for th'
United States has arrived aud, upoI
consultation with him, l desire v