Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-05-20

The testimony of witness on the part
Of the state, who Is unable to give
security for his appearance, has been
taken cOnditionally IN like manner la
the presence OF the defendant who
has either IN person or by counsel,
cross-examined or has had an opp0r-
tnity 10 cr0ss-cXamlne The witness,
and upoa It being satisfactorily shown
that such witness Is lead or insane
Or cannot with due diligence be found
within the state
You must receive none but legal evil
dtnce and the best evidence N de-
gree, to the exclusion OF hearsay or
secondary evidence. You are no;
bound 10 hear evidence FOR the defend
ant, but IL is your duty to weigh all
the evidence submitted TO you, and
Wnen you have reason 10 believe that
other evidence within your reach VIII
explain away a charge, you should
order such evidence to be- produced,
and for that purpose may require the
District attorney or county attorney
to issue process for the witnesses.
You should find an indictment when
all the evidence before you taken to-
gether Il unexplained OF uncontradct-
ed, would In your Judgment warrant
conviction by trial jury
II any member OF the grand Jury
knows or has reason to believe, that
public offense trlable within this toun-
IT, has been committed, he must de-
clare the same to his fellow jurors who
must thereupon investigate the same
II Is your duty to first inquire into the
case OF every person imprisoned In the
iQils OF this county on a criminal
charge and not indicted or informed
against and you must also inquife IN
20 the conditions and management Of
the public prisons within this county,
and into the wilfui and corrupt this
conduct in office OF public officers Of
every description within the county.
You are entitled 10 free access at all
reasonable times TO all public prisons.
and To an examination without charge
Of all public records ~ithin this colin- ,
~.
You may at all reasonable tim,s
come into court and ask the advice Of
the court upon all questions OF law The
district -attOrney or other attorneys for
the state viii attend and aid you IN
your Investigations. and may at all
times appear before YOU for the pur-
pose Of giving information or advice
relative to any matter cognlzable by
you, and may interrogate WITNESSES be-
fore you whenever you or they shall
think Il necessary, but no other per-
son shall be permitted 20 be present
during your sessions except interpreters
and witnesses actually under examine
tion; ana no person must be permitted
to be present during the expression Of
your opinions or the giving Of your
votes upon any matter before you.
Every member OF the grand jury
must keep secret whatever he. himself
or any other grand juror may have
said. or IN what manner he or any other
grand juror may have voted on any
matter before you, and no grand juror
can be questioned for anything he may
say or any vote he may give 10 the
grand jury, relative TO q matter legal
~ pending before the jury, except for
a perjury of which ne may have been
guilty In making an accusation or CIV
ing testimony 10 his fellow jurors. An
indictment cannot be found without a
concurrence OF az least five grand
jurors.
When so found 1t must be endorsed "A
true bill and the endorsement must
be signed by the foreman OF the grand
jury. II fye Of the grand jurors do not
a defendant held to answer the com
plant and dispositions and statements.
II any. that shall have been transmit
ted TO them, must be returned 10 the
court with an endorsement thereon
signed by the foreman to the effect that
the charge Is dismissed.
When an Indictment shall be found,
the names OF the witnesses examined
before the grand jury, or whose deposl-
tons may have been read before them
must be inserted az the foot Of the in
dictment or endorsed thereon before u
Is prese nted 20 the court, and the in
diotment. when found by the grand
Jury must be presented by the foreman
In their presence. TO the court.
Five members Of the grand Jury may
constitute a quorum TO do business, You
should indict no one through malice,
hatred or l VIII, nor leave any unin-
dicted through fear. favor or afection,
or for any regard or promise or hone
thereof. Your duties gentlemen, are OF
q very important character ana upon
their proper discharge depends IN q
large degree the efficient enforcement OF
the criminal statutes Of The stale. for
the preservation OF the peace and good
order OF society
When you retire 10 commence the dis
charge Of your duties, you must ap-
point one Of Your numbsr as clerk WIN
must preserve minutes Of The evlcenrs
given before YOU and II your procen4-
lngs, except OF the votes OF the inei-
vidual members
JURY RETREs
At the conclusion OF the charge tie
court instructed the jury 20 retire IN
charge OF tht sheriff who would show
them 90 the room which hoe been pro-
vided FOR thcir deliberations Sheriff
Emery placed Deputy Sheriff A. a.
Butler I'M charge OF the jury This Is
the frst grand jury which has been
summoned in this county since Mo-.
10. 1895. when the Bacon bank scandal
was nvest stated. Much interest VII
be manifested I'm rs deliberatiors ana
the result OF It's wOyl VIII be eagerly
awaited by The general public.
The Jury refined to the private or
Gee Of the county commissioners anu
held a short session. Charles z. keiih
was elected secretary OF the jury ana
Jqcot NJ Weller, assistant secretary
should he De- needed to help tine secrc-
tary IN his work,
ADJOURNED UNTIL TOMORROW
Ar adjournment was then taken IN
M 10 o'clock tomorrow morning, Nhe
place Of meeting has not been deier-
mined upon vet. bat Il Is thought that
most % the sessions Will be held IN ne
regular jury room on the 9Th fcor
Of the Joint building or IN one Of the
unoeenpled oinees os the huildIaS-