Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1902-09-15

what you should DO except amongst
yourselves. After a thorough and full
consideration of all legal evidence be-
fore you as to whether or not a true
bill should be found against any per-
son or persons, 1t is your duty tnen to
vote upon the question. and if twelve
or more of your number are of the con-
scientious opinion that a bill of indict-
ment should be presented, you will
then request the district attorney to
prepare an indictment in accordance
with your desires, upon the back OF
which indictment will be the words "A
true bill" which must be signed by
your foreman, and by you presented in
open court.
The first matters for your considera-
ton will be to investigate the parties
now in custody. having been bound by
magistrates or justices of the peace
to this court, to await the action of
your body. II twelve or more of your
number find bill against these per-
sons. then a true bill should be pre-
sented; If less than twelve of your
number only think bill should he pre-
sented. then the parties should be dis
charged; and you will so report youI
finding in these matters.
You will next consider any and all
charges against persons who have
been bound over to the district court
and are now upon bond, awaiting the
action of your body
1t will be your duty to inquire of any
wlllful and corrupt misconduct in Office
of any of the public officers of this
county. For purposes of use of the
grand jury, or of any member, you
will have free access to all public rec
ords of the county. Among other
things, it will be your duty to inquire
into whether or not the Jail of the
county is properly kept.
The law requires, as well as the good
service of the grand jury, that all your
doings be kept absolutely secret; all
matters should be kept inviolate by
every member Of the grand jury; and,
in fact the law provides that II any
grand juror shall disclose the doings
of the grand jury while sitting, or even
thereafter that they may be punished
in any sum not exceeding the sum of
$50, unless such enclosure Is made
under due process OF law. SO 4.a.'
The law makes it part of my duty
to charge you, and call your special
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, or any other
person who as principal, or deputy,
holds any county Office in any county
of this territory to either directly or
indirectly buy, sell, deal in or specus
late in or with any certificate, warrant
or other evidence of Indebtedness is
sued by such county or by the terri
tory of New Mexico, except such war
rant or certificate that might be issued
to such person. The law also provides
in section 406, tnat it is unlawful for
any mayor, councilman, collector, mar
shall, clerk or other person holding any
office of appointment in any incorpor.
ated city or town in the territory, to
either directly or indirectly buy, sell,
barter, deal in or speculate in or with
any such certificate or warrant of such
incorporated city or town, except such
as are legally issued to them; and a
like provision is in the statutes for the
clerk of the district court or his dep,
uty of thus meddling or intermeddling
with orders or certificates issued by
such officer.
1t is my duty to call your attention
particularly to section 1877 of the COM
piled statutes of 1897, wherein the law
provides in effect, that II any person
shall carry a deadly weapon either
concealed or otherwise on or about the
settlements of the territory, except
upon his own premises or in the law
full defense of his person, property or
family, it is a crime indictable under
the laws of the territory. The law also
provides that if any person shall draw
deadly weapon upon another. or If
any person shall handle a deadly
weapon in a threatening manner at or
towards another, except in the lawful
| defense of himself, his family or his
property, it is an indictable offense,
The law upon this subject will be more
particularly explained to you by the
district attorney in case any such mat
ter shall come before your body.
You are further instructed that II
any person shall be found on the first
day of the week commonly called Sun
day, engaged in any sport, or in horse
racing, cock fighting, or in any other
manner disturbing any worshipping as
sembly or private family, or attending
any public meeting or public exhibi
tion, excepting for religious worship OF
instruction, or engaged in any labor
except works of necessity, charity OF
mercy, it is an indictable offense; and
should any violation of this statute
come to your knowledge or informa
tion, il is the duty of the grand jury