The sun. (Jacksonville, Fla.) 1905-1908, 1906-06-16
Third Page

full and thorough investigation OF THESE charges thaC
have been made, and this is the special purpose for
which you are assembled and to which | call your
most careful study and attention.
II was not only violation of the criminal laws,
If such an attempt were made, but it contempt
of the court and the court had the power to call the
parties before him by rule issued against any ndi
vidual to answer charge of contempt, but this
power would have been directed simply against in
divduals, and would not give the court the full
power of inquiry, without tremendous expense that
Is vested in grand jures charged with the RESPONSE
bility that they clothed with by law.
Now in what have said to you, do not mean to
intimate to you to the strength of the evidence
that is to come before your body. As to what evi'
dence you will have before you, know not that il
matter for you to determine. 1t is for you to de-
termine from the evidence that shall be adduced be-
fore your body not whether the party is guilty be-
You'd reasonable doubt not, but whether from the
evidence direct circumsantial that is put before
your body, you believe that there an attempt to
corruptly influence the mind of any grand juror at
the last term of this court; and il from this evil
dence you believe that there was although the evil
dence before you may be only evidence on behalf of
the prosecution then it would be your duty and your
duty, to return indictment into this court
and upon that indictment capias will issue, and
the offender be brought before the court and OPP
portunity given him to explain away the crimnality
of the act to contradict the evidence; and then
the doctrine would apply that his guilt must be
shown to the exclusion Of and beyond all reasonable
doubt But this part "to the exclusion of and beyond
reasonable doubt" does not apply to Investigations
before grand juries
Neither has party the right, who is under inves,
tigation by the grand jury, to appear before your
body, either in person by counsel, to produce
witnesses before YOU That is not his privilege there
1t is his privilege when he is brought into this court
for final trial, to be confronted by witnesses against
him, and to have the benefit Of counsel
While it is crime to attempt to corrupt juror
at common law still at common law the crime
known as q misdemeanor punishable only by inn
10 Ahn tail H., A~n. L.,A H.
Legislature of the State of Florida has seen fit to
raise it from misdemeanor and make it a felony
punishable by imprisonment in the State prison; and
the two sections OF law that wish you to investigate
and apply to the evidence that may be produced be-
fore your body, follows, which | shall read
and explain to you about bribery of court officers
jurors, etc.:
whoever corrupts, or attempts to corrupt any
master in chancery auditor juror, umpire or referee
by giving offering, or promising any gift gratuty
whatever, with intent to bias the opinion influence
the decision Of such master in chanccry, auditor
juror arbitrator, umpire or referee, in relation to
cause or matter pending in the court before an
inquest, for the decision OF which such arbitrator
umpire referee has been chosen or appointed shall
be punished by imprsonments in the State prison not
exceeding five years, in the county jail not ex-
ceeding one year, or by fine not exceeding thou
sand dollars.
eff any such person summoned as juror or chosen
or appointed as an arbitrator, umpire referee or
II any master in chancery or arbitrator corruptly
takes anything to give his verdict award report
or corruptly receive any gift gratuty whatever,
from party to suit, cause or proceeding or for
the hearing determination of which such master in
chanSery, auditor arbitrator, umpire referee has
been chosen or appointed, he shall 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 thousand dollars"
The court instructs you, gentlemen that it is not
necessary in order to constitute this 0ense that the
jurors should have been corrupty influenced but the
intent to corrupty influence the jurors is the essence
Of the crime
If any person offered any gift, gratuity, or other
matter, with the intent to influence the Juror al.
though it may not have any affect upon the jurors
mind, and although the juror may have been guided
by his own convictions to the evidence before him.
whilst it would not be corrupt act upon the part of
the juror, the party who did attempt to influence
or bias his decision, IL he had made this offer with
this intent, would be guilty under the law; and it
would be your duty to find an indictment against the
party charged
l regret exceedingly at the close of the term Of