Arizona silver belt., 1897-06-17
FINAL REPORT OF GRAND JURY.

We, the grand jury for the spring term of 1897, met in session pursuant to instructions from the Hon. Owen T. Rouse, judge of the Second judicial district, territory of Arizona, county of Gila, on the 9th day of June, 1897, do make this our final report. We have diligently inquired into and dis posed of ten (l0) cases, towit:
 Murder, three (3) cases; assault with intent to commit murder, one CD case; assault with deadly weapon, three (3) cases; aggravated assault, one CD case; grand larceny, two (2) cases.
 We have found true bills in the fol- lowing cases, towit:
 Murder, three (3) cases; assault to commit murder, one CD case; assault with deadly weapon, one CD case; aggravated assault, one CD case; grand larceny, one CD case.
 We have ignored the following cases towit: Assault with deadly weapon, two (2) cases; grand larceny, one CD case.
 Also in our capacity as grand jurors we desire to enter protest against the a5use of the pardoning power, as exer- cised by the present governor of the territory and some of his predecessors in office. We find by reference to Governor Franklin's report of pardons granted by him from April Is, 1896, (when he assumed the discharge of his official duties) mp to the close of the year 1896. he caused to be issued thirty pardons and communications of sentences to convicts incarcerated in the terri torial prison. After considering the reasons stated by the governor for such executive clemency we are firmly of the opinion that a majority of the par dons granted were ill.advised and un- warranted, In many cases men con- yicted of heinous crimes were pardoned when their terms of Imprisonment were about to expire for the purpose, as stated, to restore citizenship. This pernicious practice, we hold, cannot be too severely condemned--7for what reason is there to expect that perpetra- tors of infamous crimes can be cleansed of their moral depravity through human forgiveness and made good eiti- zens? We cannot hope to maintain law and order in our communities if criminals are to be turned loose upon us and restored to all the immunities and privileges of the upright citizen. Furthermore, it should be borne in mind that laws are enacted, courts con- ducted and jaiTs and penitentiaries are maintained at enormous expense in order that crime may be put down and the law abiding citizen protected in his property and person. A proper regard for the welfare and good name of Ari- zona should deter the governor from the exercise of tho pardoning power save in extreme cases where proof is furnished that the prisoner is innocent of the crime of which he was convicted.
 Petitions of citizens and court off, ciais are generally relied upon to se- cure pardons, and often cited by the governor as sufficient reason or ex- cuse for granting clemency. We would suggest that far more reliable index of the prisoners guilt or innocence is the stenographer's report giving verbatim the evidence adduced in the trial, and which should be mainly re- lied upon by the governor in passing upon applications for pardon.
 Having transacted all business brought before us we respectfully re- quest our discharge.
 GARRETT s. VANWAaENEN'f