Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-09-04
SUPERIOR COURT.
Opening Of the September
Term, tuesday.
Judge 0. c. Halls cta'ge to the
Grand Jury.
run attendance Of Attorneys. Members Of
Grand and Traverse jurie,.

.ne docket and the empannelinr of
jurors. Shortly after the assemblino.
vi court Judge Hall charged the grand
jury as follows:
Gentlemen of the jury:
is the duty of the court after the
lmpaneling of the grand jury to give
.heth certain instructions touching
their duties
Inc substance of your duties is en-
podicd IN the oath you have Just taken.
an oath which. through the condensinr
ana polishing process of ages. is now
"a model of compact and lucid stale
alnent. and though consisting of but
Eeven lines. will be found upon analy-
eSls, to embOdy what may easily be
eeia oorated into many pages.
sceF1rst. YOU are sworn to ..dilieen,,v
nquire of all matters given YOU in
T.iaree. You are not to accept COM
giant or charge of wrong made to YOU
GO evidence of guilt or even as eyi-
soence that wrong has been com
united but are, with unbiased minds
10 uiilsently inquire" into the accusa
tlon until at least twelve of your panel
are persuaded Of its truth by evidence
ana not to rest satisfied with remote
probabilities. 1t is easy to accuse and
often. circumstances may justify sus
plclon of wrong-doiny against tho in
noCent Yours is an ex parte tr;bun,,
The accused will have no voice conn
sci or witnesses before you. and YOU
are. therefore, to exercise honest and
oihgent care that your body is not
used. through the arts of the mali
revenge and oppression. nor for per-
sonal and private advantage You are
10 make true presentment" and
therefore. must be convinced that the
complaint is just and the accuse ton a
true one. before YOU present the party
charged with crime for trial The fact
that the person accused has been held
10y magistrate for your inquiry
should not be considered by you as a
circumstance against him.
The next clause in your oath is of
me greatest Importance. The states
counsel. your fellows and your own,
You shall keep secret
The necessity OF secrecy as 70 all
matters of the grand jury room must
DE apparent to you when the nature of
your service and the object to be at
tanned is, for a moment. considered
The attempt to bring violators Of the
law to justice would be effectually de-
feated. in many instances. were Of
tenders to be informed of the proceed
ings against them before being taken
into custody. and great injustice
would often be done to innocent
parties. who may be wrongfully ac-
cused of crime. through malice or mis-
take. were the doings of the grand jury
room to be publicly disclosed 1t is for
the protection of yourselves. individ-
ually. also. against the results of
malice or the spirit of revenge from
parties accused of crime. or from their
friends. that the law demands that
each juror should keep locked up with
in his own breast all that transpireS
before them, and all that they do or
say in the jury roOm individually and
collectively. This obligation of secrecy
Goes not end with your duties during
the year of your service. but continues
during life. for it never can be def
! aitely known when disclosures of
what transpires before you. or what
any Of you may do or say, or how you
| voted in particular case. may or
may not prove injurious to some one Of
| your panel. or to some other individual.
| 1t is to guard each individual of the
| grand jury against absolute identity
that several more than the twelve, who
must concur in an Indictment. are re-
| uuired to serve. As more than twelve
must serve and as twelve must join in
presenting an accused party for trial.
| ~, |, i.h
OF the panel. if any, may have been
opposed to the indictment. and hence
| can never be certain who made up the
| twelve who concurred against him.
So careful is the law in. guarding
| grand jurors, the public and 1ndivid-
uals who may be affected by disclos-
ures Of the proceedings of the grand
| jury room. that it does NOT permit
| them to he given in evidence IN court
except to a limited extent in cases
where the evidence is required Tor the
purpose of. public justice of the estab-
; iishment OF private rights. I'm ad-
dition to the obligation imposed by
| YOUR oath. the statute provides that nc
4 Grand iuror' or officer Of the court
shall disclose that an indictment fol
felony has been found as1 INST any
rerson not in custody or un .er recoS-
nizance. until he is arrested except oS
issuing process for his ARREST; tne
court. in charging the jury. rs especial
ly required to impress on their minus
these provisions of the law.
But this care to prevent disclosures
of the doings of the grand jury WINE
protecting the juror from the results
Of malice or i'll will Of accused persons
is not necessary for the purpose OF
shielding the jurors from any .esa
consequence of their acts. as oous
or as individuals. for the law pfo'ec''
them completely and gives them .li'
n,ort nerfect immunity from any ia
hi,it,. either to the public or 10 per
) sons n rsrieved. for their official acts
) re;,c thrs independent, and tne''
proceedings secret the grand Jnr! De
,on,es the safeguard of innocence.
stands like a buiwark between 'he 81.
. ,xen and malignant prosecutor set
5 I'm, hound to the rancor OF par
.arship or the malice of private enc
mics. .uor
70 obey was that you shall present II
man for envy. hatred or nance nv
leave any man unpreSen'eu