Bradford County telegraph., 1906-06-22

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dence you believe that there was,
eltn0ugh the evidence before you may
% only evidence on behalf of the prose,
cotion, then 10 would be your duty, anu
y0ul sworn duty, to return an indict.
ment into this court, and upon tha'
inaictment . capias will issue. and the
ouender be brought before the court
ana an opportunity given him to explain
away the criminality Of the act, or &c
contradict the evidence; and then tile
doctrine would apply that his guilt must
De SHOWN. to the exclusion of and be-
yond All reasonable doubt. But TINS
part TO the exclusion of and beyond a
Reasonable doubt" does not apply &c
Investigations before grand juries.
Neither has . party the right, who Is
under investigation by the grand jury,
10 appear before your body, either III
person or by counsel, or to produce
witnesses before you. That is not his
privilege there. II is his privilege when
he y brought into this court for final
trial, to be confronted by witnesses
against him, and to have the benefit OF
counsel.
While it IL q crime to attempt to
corrupt juror at common law still at
common kw the crime was known as a
masoemoAuor, punishable only by
imprisonment in the county Jail or by
1ne; but the Legislature of the state of
Florida has seen fit to raise it from a
misdemeanor and make it a felony,
punishable BY imprisonment in the state
pr1eon and the two sections of law that
wish you to investigate and apply to
tiie evidence that may be produced be-
f0re your body, are as follows, which l
shall read and explain to you about
bribery Of court officers, jurors, etc:
whoever cOrrupts, or attempts to
corrupt any master in chancery, au-
dicor, juror, umpire or referee, by CIV
ing, onering. or promising any gift or
gratuity whatever, with intent to bias
the opinion or influence the decision of
such master in chancery, auditor, juror,
arbitrator, umpire or referee, in relation
to cause or matter pending in the court,
or before an inquest, or for the decision
OF which such arbitrator, umpire or
referee has been chosen or appointed,
snail be punished by Imprisonment in
the state prison not exceeding five years,
or In the county Jail not exceeding one
year, or by fine not exceeding one thou
sand dollars.
III any such person summoned as
juror, or chosen or appointed as an
arpatrator, umpire or referee, or if any
master in chancery or arbitrator
corruptly takes anything to give his
VERDICT, award or report, or cOrruptly
receive any gift or gratuity whatever,
rom 9 party to suit, cause or
proceeding, or for the hearing
or determination of which such
master in chancery, auditor, arbitrator,
umpire or referee, has been chosen or
appointed, he shall be punished bv
imprisonment in the state prison not
exceeding five years, or in the county
JAIL not exceeding one year, or by fine
not exceeding one thousand dollars"
The court instructs you, gentlemen.
that It Is not necessary in order to-
this offense that the Jurors
should have been corruptly influenced
Dut the intent to corruptly influence
the Jurors 10 the essence Of the crime.
II any person offered any gift, gratu-
ity, or other matter, with the intent to
the jurors, although It NAV
nos nave any effect upon the Jurors
mind, and although the juror may have
been guided by his own convictions AZ
TO the evidence before him, whilst II
wQuld not be q corrupt act upon the
part OF the juror, the party who did
attempt to influence or bias his dec;S.
Ion, IL he had made this offer with th;s
intent, would be guilty under the law.
ana 1t would be your duty to find an
Indictment against the party charged.
regret exceedingly at the close of
The term Of court to have to sum.
mon yOu gentlemen from yOnr
Dumnees 10 serve again assjurors at this
term OF court, but under the circum.
ltances l felt It duty imposed upon
me, and therefore l have called Won
irrespective Of the inconvenience that il
may be to you, to the court, or TO Off.
'ers to hold special term at this time
wish also to call your attention IN
me acts and conduct of jurors dnr;no
The term Of this court Jurors shoniS
70 conduct themselves as to canse no
,omment upon their acts during tho
Term OF court. You, and each of Won
are judges in one sense of the word
While ] sit Is the Judge of the I.aw
you gentlemen sit, each and every o"s
% you, ~ judges of the facts; and Won
ne the most important part of the conrt
because Of the fact that excent mon
OF an indictment bv a
grand jury, no man in Alachua Conntv
,an De prosecuted, unless a grand inry
mall ma an indictment; and. therefore
ron can readily see the responsibility
hat rests upon you, and each OF Won as
% whether there shall be an enforce
nent Of the law. A '"'ofce'
can bring no man to trial in this
.oort Tor crime that is punishable T hw
leatb, or imprisonment in the STAT
,rison, except the grand jury, upon con.
ideration OF the testimony, shall nre.
ent . true bill; then he can be hronpnS, p
nto this court and prosecuted, and onlw
hen. AN '"iy
You are to hear the evidence. detor
nine whether or not there has heon a
,tolation OF the law; and il Won fnd
nes tnere nas been a violation of
NJ law, then whether certa;n
'arty or parties have violated the law
foo are to be governed by the av;
lence In your confederation. and no, W ~,
mere suspicion; but that evidence .Si
ave heteeofore explained TO you. does
,ot require proof OF guilt TO the excIu %
ton o. and beyond a reasonable donh.
'ut stmply evidence sufficient ~ co.
't00o your own mind that a or;n,o