Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1902-03-18
GRAND JURORS.
Judg. Bakers Charge to the Terri
toriaI Grand Jury.
NOW DO YOUR DUTY.

Yesterday afternoon, on the empan-
cling of the territorial grand Jury.
Judge Baker delivered the following
charge to the jurors:
Gentlemen of the Grand Jury: You
have been duly selected, ~empaneled
and sworn in as grand jurors for the
present term of the district court. 1t
is incumbent upon the court to instruct
you generally what the law is. and
your duties under the law; and where
the instructions are not particular and
exhaustive, o can apply to the dis
trict attorney or the court at any time
Tor further instructions, or as to what
the law is On any particular matter.
In the main, 1t is the duty of you as
a body to inquire into all violations of
the law that have beer committed
within this county, or that may be
prosecuted in his county, irrespective
Of ersons. Your foreman is mpo
cred to administer oaths to the several
witnesses that will appear before you.
1t is expected of the grand jury that
o will be controlled by the evidence
only that is produced before your body.
The general rules of evidence will gov
ern you in determining whether or
not an indictment should be presented.
"AA . hohS u v
dence and the best evidence and the
best evidence in degree, when you are
celebrating upon whether or not a pre-
sentiment shall be made. You may con-
slider hearsay or secondary evidence,
for the purpose only of assisting you in
ascertaining or running down proper
persons where legal evidence may be
thus ascertained or found; but in all
you deliberations you will allow no
secondary or hearsay evidence to
weigh with you one particle.
1t is the duty of the grand jury to
present Indictments against any n
all persons when all the evidence taken
together is such as in the judgment of
the several members of the grand jury
would warrant a conviction before a
trial jury beyond a reasonable doubt.
If any of your number know of any
violations of law, or have reason to be-
lieve that there has been any offense
OF the law, it is you duty to bring the
matter to the attention of the grand
jury. In other words, it is the duty of
the grand jury to investigate n care
fully consider any charge of violation
Of the law from whatever source it
may come.
You must be very careful not to al
low your prejudice or i~nclinations to
swerve you for or against the return
ing of an Indictment. You should be
equally as cautious not to allow your
persona. ~inclinations or desires to pre-
rent you from returning a bill.
You will allow no one to remain in
your room during your consideration
and deliberations upon any subject
calling for an official act from your
body. After a thorough and full con-
sideration of all legal evidence before
you, as to whether or not a true bill
should be found against any person or
persons, it is your duty then to vote
upon the question, n if twelve or
more of your members are of the con
scientious opinion that a bin of indict-
ment should be presented, you will
then request the district attorney to
prepare an indictment upon the back
of which will be the words. "A True
BILL which must be signed by your
foreman.
The first matters for your considera-
ton will be to consider whether or not
the parties now in custody, having
beer bound over from magistrates or
justices of the peace, should be pre-
scented by bill of indictment or dis
charged. If twelve or more of your
number find a bill against these per-
sons, then a true bill should be pre-
scented; if less than twelve of your
number only think a bill should be pre-
scented, then the parties should be dis
charged: and you will so report your
findings in these matters. =.
You will next consider any and all
charges against persons who have beer
bound over to the district court, and
are now upon bond, awaiting the &C
ton OF your body.
1t will be your duty to inquire of any
wilful and corrupt misconduct in office
of any of the public officers OF the
county.
For use of the grand jury or of any
member you will have free access to
all public records of the county. Among
other things, it Will be your duty to in,
quir4 into whether or not the jails OF
the county are properly kept.
The law requires, as well as the good
service of the grand jury. that all your
doings be kept absolutely secret; not
only in minor matters or important
matters, but all matters should be kept
inviolate by every member of the grand
Jury, and, in fact, the law provides that
if any grand juror shall disclose the
doings of the grand jury while sitting
or even thereafter, that they may be
punished in n sum not exceeding the
sum OF sou, unless SuCn ulsClosuIe IL
made under due process of law.
The law makes it a part of my duty
to charge you and call your especial
attention to section 405 of the com
piled statutes of 1897, which law pro
Vides in substance, that it shall be un
lawful for any county commissioner
sheriff. treasurer, assessor, probate
Judge or probate clerk, OF any othel
person who, as principal or deputy
holds any county Office in n county
of this territory, to either directly OF
Indirectly buy, sell, deal in or specu
late in or with any certificate, warrant
or other evidence of Indebtedness is
sued by said county or 10y the Terri
torv of New Mexico, except such war
rant or certificate as might be issue
to such person. The law also provide.
~ sectiCn 400. that it is unlawful TO
any MAYOR. councilman, collector mar
Shall clerk or other person holding an!
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