Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1902-09-15
Second Judicial District Court
in Session.
COURT OFFICERS WERE APPOINTED.
Able Charge Of Judge Baker to the
Territorial Grand Jury.
JUSTICE WILL START TO GRIND.

The United States court for the Sec
ond judicial district convened at the
court house this morning, with Judge
B. S. Baker presiding.
The grand jury was sworn and
charged, Louis Ilfeld being made fore
man.
The Judge then appointed the follow
ing court officeds for the United States
side: Juan Aanaya and Cornelius
Murphy, crier and bailer; j. Felipe
Hubbell Interpreter to the grand jury.
Territorial Side.
The territorial grand jury was
sworn, and ]. NJ. Sandoval was chosen
foreman.
T. o. Mason, bailiff, and Seferino
Crollett, Interpreter.
me following are the instructions
of the Judge to the grand jury:
Gentlemen: You have been legally
selected, empaneled and sworn as
grand Jurors for the September, 1902,
term of the district court of the Second
judicial district, within and for the
county of Bernalillo. For more than a
thousand years, throughout the civil
iZed world has lived in some form and
under some name the embodiment of
the grand jury of today having always
had for rs object the presentment for
trial of violators of the law, doing their
work in secret, so that the influence OF
wealth and position could not be pres
ent to prevent the presentment of the
guilty, nor to force the presentment of
the innocent. 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 you can
apply to the district attorney or to the
court at any time for further instruc-
| tions, or as to wnat the law is upon
any particular matter.
In the main, 1t is the duty of you, as
body, to inquire into all violations OF
the law that have been committed
within this county, or that may be
prosecuted within this county, ire
| spective of persons. Your foreman is
empowered with authority to admins
ter oaths to the several witnesses that
will appear before you. 1t is expected
of the grand jury, that you will be
controlled by evidence only that is
produced before your body. The gen.
eral rules of evidence will govern you
in determining whether or not an in
dictment shoul,. be presented. You
will consider none but legal evidence,
and the best evidence in degree, when
you are celebrating upon whether or
not a presentment shall be made. You
may consider hearsay, or secondary
evidence, for the purpose only of as
sisting you in acertaining or running
down proper persons where legal evil
dence may be thus ascertained or
found; but in all your deliberations
you will allow no secondary or hear
say evidence to weigh with you one
particle. You are not bound to hear
evidence for the defendant, but it is
your duty to weigh all the evidence
submitted to you, and when you have
reason to believe that other evidence
within your reach will explain away
the charge, you should order such evi.
dence to be produced, and for that pur-
pose may require the district attorney
to issue process for such necessary
witnesses.
II is the duty OF the grand jury TO
present indictments against any and
all persons when all the evidence
taken together is such, as in the judg-
ment of the several members of the
grand jury, would warrant a cOnyic-
tion before a trial jury beyond a rea-
sonable doubt. If any of your number
know of any violations of law, or have
a reason to believe there has been any
offense of the law, ii is your duty 10
bring the matter to the attention of the
grand jury In other words, it is the
duty of the grand jury to investigate
and carefully consider any charges OF
violation of the law from whatever
source they may come.
You must be very careful not to al
low your desires or inclinations tC
swerve you from returning an indict
ment wnere the evidence warrants
You should be equally as cautious not
to allow your personal hatred or pTeju-
dices TO present any person not fully
warranted by the evidence.
You will allow no one TO remain in
your room during your considerations
and deliberations upon any subject
calling for an official act of your body
nor will you advise with any one as tC