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

In the investigation of charge for
he purpose of an Indictment, you
must receive no other evidence than
such as is given by witnesses produc-
ed and sworn before you, or furnish
ed by legal documentary evidence.
You must receive none but legal evil
dcnce, and the best evidence in de-
,ree, 10 the exclusion of hearsay or
secondary evidence. Subject to this
qualification you Will receive all the
evidence presented which may throw
light upon the matter under consider
alton. whether it tend to establish
the innocence on guilt of the accused.
And IL, in the course of your inquiries,
you have reason to believe that there
is other evidence, not presented to
Guah1y or explain away the charge
undcr investigation, it will be your
uu,y to order such evidence to be pro-
'iuced: and for that purpose you may
require the county attorney to issue
process for Witnesses. To justify the
finding of an indictment, you should
be convinced, SO far as the evidence
before you goes that the accused is
guilty,--in other words. you ought not
to find an Indictment unless, in your
Judgment. the evidence before you,
unexplained and uncOntradicted,
| would warrant a conviction by trial
| jury.
Under the law of this state, the
parties to crime are classified as CD
principals and co accessories. All
persons concerned in the commission
OF crime. whether it ye felony or
misdemeanor. and whether they di
roctly commit the act constituting
| the offense, or aid and abet in its com
mission, or not being presen., have
| advised and encouraged it's commits
sion * are principals in any
crime so committed. All persons who
after fun knowledge that a felony has
been committed. conceal it from the
magistrate or harbor or protect e
person charged with. or convicted
| thereof. are accessories.
| A magistrate is an officer having
power to issue a warrant for the ar
rest of person charged with a pub
lie offense.
Gentlemen, the order of The judge of
| this district that & grand jury be
drawn and summoned at this time
| was not made through or by reason
oi any act or omission by the public
officers, or any of them. of this cOun-
ty. You have been summoned from
your business. or perhaps your pleas
ures. only because The condition of af-
fairs in this county in the opinion OF
| ;he judge of this district, demands.
and necessarily needs. the aid
and assistance that can be given
| through the inQuisitorial powers
with which a grand jury is clothed.
On the Sd day of July last train
of the Great Northern Railway com
pany was. near the eastern boundary
of this county. halted, stopped. by
armed men, who robbed one of the
cars of part of its contents. Attend
ing the robbery We're circumstances
that caused thoughtful man to pause
and melted thoughtless men to speak
imprudently. if not un!awfuIly. The
participat tors in that crime of robbery
and bloodshed. il is alleged. hid them
selves in the vicinity of Landusky. in
this county The officers of the coun-
ties comprising this judicial district
took steps. and were earnest in their
erdeavors. to capture the offenders.
but having met with difficulties. the
nature of which will be related to you.
their efforts were without avail
Twenty-Five days after said train rob-
berry. near said l.andusky. a good and
law-ahit.ng citizen, James Winters
met his death by violence. From the
common speech of men. and from the
statements of the press, it appears
that one of the parties to said tram
robbery was person who is charged
in this court with the crime of muir
der committed at said Landusky in
December. 1894. and who has since
been fugitive from justice: and it
is. by the same source. alleged that
he was one of the murderers of James