The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1901-09-11

JUDGES CHARGE
He Urges Thorough Investigation O
Charges That Outlaws Have Been Pro-
tected by People Near Landusky.

here, having been called by Hon. John
w. Tattan, judge OF the Twelfth juul-
cial dis.rlct, particularly to inquire
into the condition OF affairs in the
vicinity of Landusky and to indict
those who were implicated in the rob-
berry of the westbound Great North
ern express near Wagner July 3.
Since the commission of that crime,
the engineer. Thomas p. Jones, has
never publicly uttered a word to indi-
cate that he knows who the robbers
are, but it is now learned that he will
testify before the grand jury that one
of them is Kid Curry and another
is Charles, alias ''Dcafy" Jones, while
it is believed that he knows the iuen-
tty OF one other
In his able charge to the grand
jury, Judge Tattan said:
Gentleman of the Grand Jury: Prior
to the admission of Montana into the
union the prosecution of all felonies
and many public offenses that are
now classed as misdemeanors, was by
inulctment. Beyond the arrest, exam
inatiOn and commitment of the party
accused, no steps could be taken until
the grand jury had deliberated and
a grand jury is only drawn and sum-
moned when the district judge. in his
discretion. considers grand jury ne
cessary. the county attorney having
authority under the constitution and
law of the state to prosecute, by in
formations such public offenses as
might be prosecuted by Indictment.
When grand jury is impaneled
and sworn. the court must charge the
grand jury and. in the language of
the statute, must give them such in
formation as it may deem proper. or
as is required by law, as 70 their
duties
Gentlemen, it is your duty to dill
gently inquire into all public offenses
against the laws of this state. com
mlttcd, or triable by indictment, in
this county, of which you have or can
obtain legal evidence. such public
offcnses are. briefly stated. Q felo-
MES, CD misdemeanors. when the
penalty exceeds fine Of $500 and i'm
prisonmcnt in the county Jail for a
period of six months.
You must inquire into the case OF
every person imprisoned in the Jail of
this county on u criminal charge, or
against whom an information has not
been filed.
You must inquire into the condition
and management of the public prisons
in the county; and for that purpose
you are entitled to free access to sucn
prisons at all reasonable times.
You should inquire into the neglect
or violation of official duty on the part
of public officers. and into the wilful
and corrupt misconduct in Office OF
public officers of every description
within this county.
1t is your duty to make a complete
examination of the books. records and
accounts of the officers of the county.
and especially those pertaining to the
revenue, and report thereon; and if, in
your Judgment, the services of an eX-
pert are necessary. you have the pow
err to employ one at an agreed com
pensatiOn. not to exceed S. per day.
payable as other county charges. 1t
may seem that such an examination
is now rendered unnecessary by the
frequent examinations and reports OF
the state examiner. but the law (Sec.
1891. Penal code) makes ,L the duty
of the Judge of this court to charge
you especially as to your duties there
| under.
Your attention is called to an act
of the fifth Legislative assembly. for
protection to birds. fish. fnr-bcaring
ANNA Is, and game" approved Mare
~. 1897, The Judge of this court has
no knowledge of any violation of such
law that would require your intervcn-
ton, but duty required shoulu not
he overlooked.
If any member of TINS grand jury
knows, or mas any reason to believe
that pubnc offense. triable by indict-
ment within this county. has been
committed, he must declare it to his
| fellow jurors, who thereupon must in
vestigate the same.
a. during your Investigations II
should appear. by evidence. that an of
Tense of a lesser degree than that cog
| niZable by you has been committed
you may refer the same to the county
attorney, or you may report the same
| to the court IN such manner as you
may deem advisable.
The county attorney may at all
times appear before you for the pur
pose of giving information or advice
relative to any matter cognizable by
| SOi, anu NAY lIlleItos,Stt WllItSStS
examined before you whenever you OF
he thinks it necessary: and You may
at all reasonable times. ask the adj
wee of the court or the Judge thereof
No other persons excepting. OF
course. witnesses under examination
should be allowed in the grand jury
room. and no person. other than the
grand jury should be allowed in the
grand pury room while the Jurors are
voting upon any matter before them
or when they are expressing opinions
upon the same
| An Indictment cannot be found with
out the concurrence of at least five
grand jurors. When so found the in
dictment must be Endorsed by the
foreman. "A True Bill"
| When there is not concurrence
OF five grand jurors in finding an in,
dictment, the foreman must certify
under his hand. that 10 true bill was
found