The Butte inter mountain., 1903-12-26

owner here. | have been voting in Cali
fornia.'
Court will take recess for ten min
utes.' said the judge at this point. He
went to his room, where the county at
torney soon joined him. A little later
Clerk IIemerdinger, carrying the little tin
box in which were the names of the grand
jury panel also went into the judges
room. The conference there lasted be-
yond the 10 minutes. When the judge
and the other officials of the court came
out of the ROOM Judge Harney remarked
as he took his seat 1T appears that
you are not qualified to serve, Mr..
ORourke. You are excused
Clerk Heimerdingcr then proceeded to
draw the slips containing the names one
by one from the box. They came out in
this order: j. l.. Carroll, J. K. Silver,
Ed Hickey, Frank W. Holmes James l..
Hamilton, w. McC. White. John Floyd.
"1he names so drawn will constitute the
grand jury said Judge Harney. The
others not drawn will be returned to the
regular jury box
Oath Administered.
The oath was then administered to the
seven men, who stood up on the regular
Jury platform. At first the oath. as given
above. was administered by the clerk.
Later, after the county attorney had
talked with the judge for few minutes
Judge Harney said County Attorney
Brcen had raised some questions as to
who should swear the grand jury. He
would ask the members to stand up and be
sworn again. This was done.
Powers and Duties.
Judge Harney then read the provisions
OF the penal code relating to the powers
and duties of the grand juries. Continu
ing, he said:
Under the call. and what was deemed
by our officials for the necessity of this
call, there are certain matters relating TO
the city government, and in that connec-
tion | instruct you that you have charge
and should make full inquiry in connec-
tion with this section of the statutes. s9s
OF the Penal Code The judge read that
section of statutes.
II read you, | think. most Of the Sec
tions" said Judge Harvey is there any
thing further, Mr.. County Attorney, that
you desire:"
81 don't recollect whether your honor
appointed foreman or not of the grand
jury" said Mr.. Brecn.
,"Yes, | appointed a foreman of the
grand jury" exclaimed Judge Harney
s"You started in to" began Mr.. Brecn.
i"I will appoint Mr.. w. McC. White as
foreman of this grand jury said Judge
Ilarney.
"Gentlemcn," continued the judge, you
are entitled under the law to inquire into
any public offense committed by any Of
fcer of any town, city or municipal cor
poration, or any county officer whether it
is brought to your attention by evidence
furnished you by the county attorney, or
,ph thpr ia, knn or
any legal evidence which would warrant
you, as the code provides, in believing
that the evidence is sufficient to secure a
conviction before trial jury. You have
charge of the examination of the wit
nesses in connection with the county at
torncy, of any party accused. who may
bc summoned before you. as the Code has
provided, as have read you Whenever
in your estimation you desire the assist
ancc of the court, in an opinion, or the as
sistancc of the county attorney, why you
may call upon them. The court may sub
scquently give you such further instruc-
tions as it deems necessary as the qucs-
tions may arise.
The Call.
"This grand jury was called at the So
1ictation, or by reason of many rumors,
and at the request of the county commits
may have occurred within this county, in
any of the capacities have named and it
is your duty to make full investigation of
any matter, or any crime that you find to
have been committed that is not barred by
the statute of limitations. You are en-
titled to have a room furnished you,
which will be made comfortable. The law
has made no special provision, as j find
it, for your meetings but you may control
that under the guidance OF the court. The
court will advise you to meet-what time,
MIR. County Attorney"
"Wcl ii your honor please" said Mr..
Brecn, Il would suggest that the court rec
on.mend to the grand jurors that they ap-
point one of their number clerk to take
down the testimony that may be given be-
fore them. | don't know that there is any
provision requiring the court to do so. 1t
would naturally do even without the in
structon Of the court"
Clerk Recommended.
dyes, | will adopt the recommendation
OF the county attorney and recommend they
appoint clerk said Judge Harney
And here is matter, section 1891 pro-
vidcs 1T is the duty OF the grand jury,
whenever summoned, to make complete
counts OF all the officers of the county,
and especially those pertaining to the reve-
nue., ard report thereon; and il, in their
judgment, the services of an expert are
necessary, the grand jury has power to
employ one at an agreed compensation not
to exceed S. per day, payable as other
county charges
"Ycs." remarked the county attorney
"but ii your honor please, that section
only applies to the examination of books
and records.
$50 1 was going to instruct you," said
the judge, "if you get an expert in addi.
tion TO the clerk you may want to take
this testimony, you will be guided by this
section. The law provides the judge
upon the impanneling of grand jury
must charge them especially as to these
sections.
& Al..k L.