, 1907-04-04
FOR THE LAWS ENFORCEMENT

presentation of the duties of a juror.
Under the oath administered and such
Instructions from the court. no juror
with character or conscience would
care to make other than a righteous
return.
The charge brought home to the jur-
ors the fact that they were in no sense
responsible for the laws and that II
was not within their province to an
null or amend them. That was a duty
lodged solely in the law-maling power.
1t was simply the duty OF the jury to
aid in the enforcement of the acts OF
congress.
This pronouncement from the United
States bench makes more definite and
certain the universal belief of the PEG
pie of Wyoming. that there is to be no
winking at the law by the Judiciary.
The following excerpts are made
from the charge:
Gentlemen of the Grand Jury:
Conforming to the practice in this
court, | desire to give you some in
structious in relation to the character
OF your service before you proceed
with the transaction of business. III
the present enlightened state of the
public mind, when education and use
full information are not confined to 4
few, but diffused generally throughout
the community, every citizen sum
moned as a juror has a general knowl
edge of the duties he is called upon
to perform and OF the name in
which 1t is incumbent upon him to dis.
charge them, and in all cases de
handing a more precise and particular
knowledge, you will have the aid of
the district attorney, or the assist
TO counsel you In matters OF law when
you may think proper to require II.
It cannot be necessary, therefore, in a
charge from the bench to enumerate
and define with legal precision the va
rious ofenses against the United
States which are punishable by indict.
ment in this court. But few infrac.
tons OF the law are likely to come
before you and the court does not deem
1t necessary to engage Itself in dis
cussing principles and charging upon
topics which are not to lead us to
some practical result, nor can any USE
full purpose he subserved by calling
upon you to follow the court through
the wide field of criminal jurispru,
dence when it is well known that your
Lahore will hn rpnRpnl IN n pa,, email
portion Of it.
1T Is the desire of the court that
you proceed at one with industry and
energy to execute the duties for which
you are assembled, and while you
should give to every subject brought
before you the most ample time for
full examination and elaborate judg-
ment, not a moment should be wasted
in unnecessary form. The court must
impress upon you, however, the propri-
ETY. of being diligent in your inquiries
and careful and deliberate in your
conclusions. In a country like ours,
blessed with free Institutions, the safe.
ty Of the community depends upon the
vigilant and firm execution of the law.
Every n must be made to understand
and constantly to feel that the suprem-
acy Of the law will be steadily enforced
by the legally constituted tribunals,
and that liberty cannot exist under a
feeble, relaxed or indolent administra.
ton of the law by the courts Of the
country. With a criminal code so mild
and %forbearing as ours there can be no
just cause for symathy with any party
who voluntarily under any preteXt in.
ours its penalties; and negligence or
carelessness In your inquiries would
tend to multiply the number of offences
and would deprive society and the in
dividual of the protection and security
to which they are entitled under the
law.
But in our desire to bring the guilty
to punishment we must still take care
to guard the innocent from injury, by
unfounded accusation. In the language
of your oath you are to present no
person through malice, hatred or i'll
will. You must determine in each case
solely upon the evidence presented
whether or not the government has
made a prima facie case against the
accused sufficient in your Judgment to
send him to a jury of his country for
trial in open court. Your oath also
requires that You leave no one unpre-
seDted through fear, favor or affection
or for any reward or hope thereof.
II will be your duty, therefore, in every
case that may come before you to al
fully weigh the testimony and to pre-
sent no one unless in your deliberate
judgment the evidence before you is
sufficient, in the absence of other proof,
to justify the conviction of the party
accused. BY this instruction l do not
wish you to understand that you are
to determine the question of the guilt
or innocence OF the accused upon the
whole case. for you only hear one side
Of it. When the defendant m to
put in his testimony, at the trial, the
al may be a very different n from
the case presented to you; but what
1 say to you is, that 1t is where, and
only where, the government by its testi.
mony, standing as 1t does alone for
your consideration, has made a prima
facie case that you are authorized to
a-~<r- <r,,o h{ll