The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-03-23

men, Your body is starting out with
p men. Sixteen are necessary to con-
stitute a quorum, and no business can
be transacted unless 16 are present.
Twelve affirmative votes are necessary
to return a true bill.
THE court has appointed a foreman
Tor your body. You will yourselves Sc
Iect one or more clerks who will keep
the minutes of your transactions. You
viii fix your own hours of convening
and adjournment; the only suggestion
of the court being that you shall so or
der your daily work as in the interests
Of economy to finish up. if you reason
ably can, each days work according to
the number of witnesses who may be
on hand and ready to testify for each
particular day.
"Phe matters to be presented here
will involve violations of United States
statutes. l call your attention particu-
larly to the statute which prohibits and
fixes a penalty for combinations in re-
straint of trade, in the interstate COM
merce laws and their various branches.
You will at all times be attended by
the United States attorney, or his as
sistant, and it is his duty to advise you
upon all questions of law. You are
yourselves the judges and the final
judges on questions of fact which may
come before you.
you have observed in the oath taken,
and noted, that you are to consider such
matters as may be presented to you,
and also such matters as may come to
your knowledge. The United States at
torney will in an orderly way present
many matters to you. Other matters
will come to your knowledge, perhaps
through the members of the jury, and
if any member of the jury has any
knowledge touching these violations, it
be his duty to present them to the
jury, perhaps from facts developed dur
ing the investigation, during the exami-
nation of witnesses in the jury room.
You will not allow hearsay evidence
to form the basis of a true bill.
z-r,rrr no al tod tn try q
guilt or innocence of the accused, in or
der to justify a true bill you will have
such evidence as, if unexplained and
uncoutradicted would satisfy your
minds of the guilt of the accused.
IF any gentleman is taken i'll, or for
any urgent reason is entitled to be ex-
cused for a brief period, you will apply
to the foreman for excuses. The fore
man will allow one or two of you at a
time to be excused for proper cause. If
the foreman is in doubt about granting
excuses, he will confer with the court.
You have also noted from the oath
you have taken that secrecy is strictly
enjoined upon you. You are not to dis
close to any person or at any time the
secrets of your deliberations. Abund-
ant logical reasons may be given for
this requirement Reputation is the
greatest earthly Inheritance You are
not to disclose to any person the sub
to disclose to any person the name OF
the accused in any instance.
''The mere fact that some persons
name is before you, as being accused
of crime, would blacken reputation
even though you might not return
true bill. No human being has a
right to know, and you are not TO dis
close to any human being, the secrets
of your deliberations. All that shall
come to the light will come through
the return of indictments, if lndlct-
ments shall be found
$50, gentlemen, charge you and l
hi Oh = al-crsa IA
during this entire service and during
all the intervals when you shall be
out of the jury room, you VIII guard
we'll the secrets OF the jury room.
You will not converse among your
selves, or with other persons, about
this service
IF any other person undertakes to
talk to you about it, you will tell him
that you are a member of the grand
jury and that you should not hear or
discuss any of the subjects Of that
service except in the jury room II
he persists in talking about it to you,
you will move away from him. so you
will not hear, and if he still persists.
you will identify the man as ac-
curateIy as you can, by name or
otherwise, and report him to the
court.
"If persons talk about this service
or the subject of your deliberations IN
your hearing you will move away so
you will not hear and if they follow
you and persist in talking in your
hearing you will warn them that you
are a member of the grand jury and
that you are not to hear discussed any
subject relating to your duues. ana il
they still persist you will identify them
and report to the court.
LET me say this further: you viii
during your deliberations be attended
by officers who will furnish you with
a convenient place for your delibera-
tions and viii guard you from i'm
proper intrusion. You will accom-
modate yourselves to the officer and
instruct the officer when you may
want witnesses, and so forth. He will
attend the door for you, under your
directions