Carlsbad current., 1899-09-16
DISTRICT COURT.
The Fall Term convenes with a
Large Docket.

large boeket.
District court opened MONDAY with
the usual attendance Of Visiting attUr-
neys, litlgants and witnesses. Judge
+. w. Parker, OF the third district, oc-
cupied the bench IN place OF Judge
Leland Orrln Rice the stenographor,
Elfego Baca the interpreter, and the
district clerk, J. +. Grlmth, came In
with the Judge. The district attorney,
Mr.. Nisbet, Of Roswell, and q. A.
Richardson, Judge Martin, Of Midland,
w. w. Lakewood, OF Maria, Mr.. Oben-
chain, OF Dallas, and the local bar
Messrs. Freeman & Cameron, John
Franklin, u. s Bateman were also on
hand. The work OF swearing in the
Jury was at once commenced and Mr..
Kerr was excused being over sixty,
Mr.. Matheson because Of pressing de-
mands Ia county treasurer duties, Mr.
Rhelnboldt because a crop Of toma-
toes was apout 10 spoil unless he could
attend the work Of canning, having
the only cannery In the county. The
petit jury finally secured stands os fol
lows:
J. III. james, w. w. Galton, NJ. j.
Murray, /. S. Osborne, l.. NJ. Collier, J.
A. Froman, X. :. Benson Edw. Scog
gins, Jno. Mihlfred, Jno. Roark, Henry
Robb, J. ID. Walker, Il. 5. Montgomery,
V. V. Gleghorn, w. G. Relff, J. q. and
II. B. Brogdon, q. II. Dlshman, Oscar
sassln, II. Ohnemus, Albert Krull, A..
l.. Haynes, Jam Is. and Julian Smith.
The grand jury as finally sworn IN
consists OF the following:
Els. Motter, foreman; G. IA 'lcLen.
athen, clerk; r. j. Fletcher, II. l..
Potter, Peter Corn, Paul Kroeger, A.
J. Bryant, T. A. Ezell, John Byrnes,
B. T. Killough, @. w. Cowden, w. Il.
owen, George Pondleton, w. Il. King
and J. w. Stokes. J. s. Hunt was ap.
pointed Bailiff and Elfegn Baca inter
prefer for the jury.
The judges charge TO the grand jury
was IN brief as follows.
GENTLEMEN or THE GRAND jury;
You are summoned and chosen as
grand Jurors for the Fifth Judicial
District Of New Mexico, sitting in and
for the county Of Eddy.
10 is to infractions OF the criminal
laws OF the Territory OF New Mexico,
occurring within the county of Eddy,
that your attention and consideration
will be directed during your present
session. (After allud-
ing 10 origin and purposes Of the jury
system the Judge continuedl:
From these observations II will be
seen that there Is double duty cast
on you-one duty To society, 10 see
that the parties against whom there
is just cause to charge the commission
OF a crime shall be held 10 answer the
charge; on the other hand, u duty 10
the citizen TO see that he is not sub.
jected 10 prosecution upon accusations
having no better foundation than pub.
lie clamor or private malice.
In the investigation Of
a charge for the purpose Of an indict
ment the jury can receive no other
evidence than.
First, Such as given by witnesses
pro duced and sworn before themi or
Second, Legal documentary evi
dence. and you can receive none but
/ legal evidence, aud the best evidence
= ia degree, 10 the exclusion OF second
airy OF hearsay evidence.
You are not bound to hear the eyi
dence OF the defendant, but IL is goul
/ duty to weigh oil evidence submitted
1 10 you, finding an indictment when al
J the evidence, taken together, would Il
your Judgment, II unexplained or un
1 contradicted, warrant conviction by
\ a trial jury
b The grand jury must inquire intS
n ti) condition OF prisoners not indicted
A but tryable la this county; (2) the con
I dition and management OF count.
/ prisons, and l3l into all malefeasance
' Of Office by public officials OF the coun
. ~.
1 I am required to give you speciall
e in charge the law against eaFryinI
deadly weapons; vide laws OF 1888,
, page SO, and 1891, pages III and liS.
am also required to give you spec
a tally IA charge the law against officer
4 speculatlng IN county, municipal 0
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