The Butte inter mountain., 1903-12-26

Wuuiu Suggest lHdl tHc lIidl Juiy iooih iui
the present, at least. be used for the grand
jury to organize and see what they want
when they meet again, and If it isn't suit
able--might see the commissioners in the
meantime and have some suitable place
selected"
"Yes YOU will meet here on Monday at
10 o'clock" remarked the judge.
Gentlemen of the jury, this completes
the duty of the court in impanneling a
grand jury. and you will be reminded
of the instructions OF the court as given
YOU
Court then adjourned.
Provisions in Code.
Those provisions OF the penal code to
which Judge Harvey called the attention of
the grand jurors, and which relate to the
powers and duties of that body, are as fol-
lows:
Section rzSo-The grand jury mist in
quire, under the direction Of the court,
into all public offenscs committed and tri-
able by indictment within the county, and
return to the court any indictment found.
Section i7Si-The foreman may ad-
minister an oath to any witness appearing
before the grand jury.
Section I7ss--In the investigation Of
the grand jury must receive no other evil
dence than such as is given by witnesses
produced and sworn before them, or fur
nished by legal documentary evidence. The
grand jury must receive none but legal
evidence. and the best evidence in degree,
TO the exclusion of hearsay or secondary
evidence.
Section i7Ss--Thc grand jury is not
bound to hear evidence for the defendant.
but may do so, and it is their duty to weigh
all the evidence submitted TO them and
when they have reason to believe that
other evidence within their reach may ex-
plain away the charge. they should order
such evidence to be produced, and for that
purpose may require the county attorney to
issue process for the Witnesses
Section r78i-The grand jury ought to
find an indictment when all the evidence
before them, taken together, il unexplained
or uncontradicted. would in their judg
ment warrant conviction by trial jury.
Section I735-If a member Of grand
jury knows or has reason to believe that a
public oiiense, tria5le by indictment within
the county has been committed. he must
declare the same to his fellow jurors, who
must thcreupon investigate the same.
Section I7S6-The grand jury must in
quire into the case of every person inn
prisoned in the Jail OF the county on
criminal charge. and not indicted. or
against whom an information has not been
filed: into the condition and management
of TIE public business in the county. and
into the wilful and corrupt misconduct in
office, of public officers of every descrip-
ton within the county.
Section I7S7-The grand jury is en-
titled to free access at all reasonable
times to the public prisons and to an cx-
animation without charge OF all public
records within the county.
Section I7SS-The grand jury may at
all reasonable times ask the advice of the
court or the judge thereof or of the county
attorney but unless such advice is asked
!, the judge of the court must not be present
during the sessions OF the grand jury
! The county attorney of the county may at
all times appear before the grand jury for
the purpose OF giving information or ad-
vice relative to any matter cognzablc by
them. and may intcrrogatc witnesses be-
| fore them whenever they or he thinks it
necessary; but no other person is permit
| ted to be present during the session OF the
| grand jury except the members and wit
nesses actually under examination, and no
| person must be permitted to be present
| during the expression OF their opinions or
| giving their votes upon any matter before
| them.
Section I7So-Evcry 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 OH matter
before them; but may however, be re-
quired by any court to disclose the testi-
mony of a witness examined before the
grand jury. for the purpose of ascertaining
whether il is consistent with that given
before the court or to disclose the tcsti-
mony given before them by any person
upon a charge against such person for
perjury in giving his testimony, or upon
trial therefor.
Section I7oo--A grand juror cannot
be questioned for anything he may say, or
any vote he may give in, in the grand jury
relative to a matter legally pending before
the jury, except for perjury of which he
may have been guilty, in making an ac-
cusation or giving testimony to his fellow
jurors.
Section r8Io-An indictment cannot be
found without the concurrence of at least
five grand jurors. When so found it must
be indorsed "A True Bill and the indorse
| illcIil Iiuot NC oISiSu ny tHS ioiSiHdH VI
the grand jury.
Section I8II-When there is not con
currencc OF five grand jurors in finding an
indictment, the foreman must certify
under his hand, that no true bill was
found
Section ISIa-The dismissal of t.;
charge does not prevent its resubmissior
to the grand jury as often as the cour
may direct But without such direction i
cannot be resubmittcd, nor can an infor
nation be filed.
"Section ISI3--When an indictment il
found, the names of the witnesses ex
amined before the grand jury must be in
serted at the foot of the Indictment, OF
indorsed thereon; before it is presented Il
the court also the name Of the prosecuting
witness as such but no such indictment
must be quashcd for want Of such indorsc
ment if the Endorsement is made befor,
the motion to quash is disposed Of.
Section ISI4--An indictment wher
found by the grand jury, must be pre-
sented by their foremen, in their pres
| 1t. ..t