Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1903-09-26
CHARGE TO JURY.
INQUIRE INTO VIOLATIONS.

In the district court Of the Second
judicial district OF the territory of
New Mexico. within and for the
county OF Bernallllo.
Getnlemon:- You have been legally
selected. empanneled and sworn as
grand jurors tor the September. 1903.
term OF the district court OF the Sec
ond Judicial district. within and for
the county Of Betnalillo For more
than a thousand Years. throughout the
civilized word. has lived in some form
and under some name the embodl.
ment OF the grand jury OF today, hay
ing always had Tor its object the pres
eminent for trial OF violators OF the
law dong their work In secret. so
that the influence of wealth and posi-
ton could not be present 20 prevent
the presentment OF the guilty, nor to
force the presentment OF the Innocent
n is incumbent upon the court TO in
struct you generally as TO what the
law is. and your duty under the law:
and where the instructions are not
particular and exhaustive you can ap'
ply TO the district attorney or 10 the
court at any time, for further instruc-
tons. or as to what the law is upon
any particular matter.
II is the duty OF the grand jury to
inquire into all violations OF the law
that have been committed within this
county, or that may be prosecuted
within this county, irrespective or per.
sons. Your foreman Is empowered
with authority 20 administer oaths TO
the several witnesses that will appear
before you. II is expected of the
grand Jurors that you will be controll.
ed by evidence only that is produced
before your body. The general rules
of evidence will govern you In deter
mining whether or not an indictment
should be presented You will con-
slider none but legal evidence. and
the best evidence in degree. when you
are celebrating upon whether or not
a presentment should be made. You
may consider hearsay, or secondary
evidence, for the purpose only OF as
sisting you in ascertaining or running
down proper persons where legal evi
dence may be thus ascertained OF
found: but In all your deliberations
you will allow no secondary or hear
say evidence to weigh with you You
are not bound 10 hear evidence sub
m!tted to you, end when you have rea
son TO believe that other evidence
within your reach will explain away
the charge, you should order such
evidence to be produced. and for that
purpose may require the district attor
ney to issue process for such neces
sary witnesses,
II Is the duty OF the grand jury e
present indictment againt any and al
persons when all the evidence taker
together is such, as In the judgment
OF the several members Of the grand
jury, would warrant conviction, be
yond reasonable doubt, before {
trial jury. II any OF your number
know OF any violations OF law, o.
have reason 20 believe there has beer
an offense OF the law, II is your dut!
10 bring the matter 10 the attention
O. the grand jury. In other words. l
Is the duty of the grand jury 10 inves
tlgate and carefully consider an.
charges OF violation of the law from
whatever source they may come,
You must be very careful not TO a
low your desires or inclinations 4
swerve you from returning an indic'
ment where the evidence warrants
You should be equally as caution
not TO allow your personal hatre
or prejudice 10 present any person no
fully warranted by the evidence.
You will allow no one TO remain !
your room during your consideration
and deliberations upon any subjeC
calling for an official act of your body
nor will you advise with any one q
10 what you should do except amongs
yourselves. After q thorough and fu
considerations OF all legal eyidenc
bttott NOh ar w Nntilti VI lOt a Nih
bill should be found against any pc
son or persons. II is your duty the
20 vote upon the question and
twelve or more OF your number are ,
the conscientious opinion that bi
o: Indictment should be presente,
you will then request the district n
torney 10 prepare an indictment
accordance with your desires. upo
the back OF which indictment will /
the words "a true lin" which mui
he signed by your foreman and b
you presented in open court
The FIRST matters for your conside
alton. viii be 10 investigate the pa
ties now in custody. having bee
bound over by magistrates or iustic'
OF the peace to this court TO await II
action OF your body. II twelve {
more OF your number find a bI
against these persons. then true bi
should be presented; II less tina
twelve OF your number only think
bill should be presented. then the pa
ties should be discharged. and va
will so report your findings in the'
matters.
You will next consider any and a
charges against persons who hay
been hound over 10 the district cou