Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-20
GRAND JURY IS SWORN IN
TO INVESTIGATE CITY OFFICIALS


m Page One,
livered by the foreman of the grand
jury to the district attorney of the
county, except when he is the officer
accused, who must cause a copy
thereof to be served upon the de-
PENDANT, and require, by notice In
writing of not less than ten days,
that he appear before the superior
court of the county at time men
toned in the notice, and answer the
accusation. The original accusation
must then be filed with the clerk OF
the superior court. :
Oath of foreman and each member o.
the grand jury:
You will diligently inquire into,
and true presentment make, OF all
public offenses against the people OF
this state, committed or triable
within this county, Of which you
shall have or can obtain legal evil
dence. You will keep your own
counsel and that of your fellows
and of the government, and will not,
except when required in the due
course of judicial proceedings, dis
close the testimony of any witness
examined before you, nor anything
which you or any other grand juror
may have said, nor the manner In
which you or any other grand juror
may nave VOl6Q OIl any ihobISi w
fore you. You will present no per-
son through malice, hatred or III
will, nor leave any unpresented
through fear, favor or affection, or
for any reward, or the promise or
hope thereof; but in all your pre-
sentiments you will present the
truth, the whole truth and nothing
but the truth, according to the best
of your skill and understanding, so
help you God.
Jurors Must Concur
Before an indictment or accusa-
ton can be returned at least twelve
grand jurors must concur therein.
Twelve or more jurors present con-
stitute a quorum for the transact
ing of business. In determining
questions of procedure before the .
Jury q majority of those present
and constituting q quorum snail
be sufficient vote. In voting up
on q report to be presented to the
jury a majority Of the whole jury
should concur therein, except when
an indictment or accusation Is
brought in at least twelve jurors
must concur therein.
/ have already reminded you that
you should not discuss matters
brought before you with persons
not members of the jury. L wish
further to particularly enjoin you
not to discuss matters heard or be-
ing heard and upon which final ac-
ton has not been taken by the jury,
among yourselves when absent
from the jury room. No part of the
jury must meet together for the
purpose of comforting regarding
such matters outside of the jury
room and no attorney or other per-
G.,4 tcth a CI1lfa6 a.
garding any such matters or any
report which the jury may con-
template returning to the court or
have under advisement.
There Is only one proper place
for the discussion of such matters
and that is in the jury room in the
presence of the jury when as
sembled for the transaction of
business. 1 give you this special
direction not because believe you
would be inclined to conduct
yourselves otherwise than in ac-
cordance with the requirements, OF
the law in that respect, but as a
matter of precaution, in order that
what may have occurred in the past
may not happen while this jury Is
in session. You are to serve the
public interest only to the end that
full, fair and impartial investiga-
ton may be had.
w. P. JAMES. Judge.
Jury Is Organized
Within fifteen minutes after Judge
James concluded the reading of th'
instructions the special grand jury
had organized in the large witnes:
room on the third floor of the county
building. Ten minutes later JOSEPH
Durand, a French associate of Nicl
Oswald, handcuffed and accompanied
by two men from Chief Detective
witness. A French interpreter wa:
also taken into the grand jury room
Durand's morning examination last
ed more than an hour and he was re-
turned to the county jail, where he il
held charged with an attempt to de.
feat the ends of justice by avoiding 6
subpoena. He returned at 2 o'clock
after the noon adjournment, but re-
manned only twenty minutes. returning
to the Jail.
Durand's face was pale as he left the
secret chamber. A number of his ac-
quaintances were in the corridor and
studied him keenly. That he had re.
fused to divulge any knowledge thai
might lead to an accusation or indict'
ment was the general opinion.
Edwin t. Earl, publisher of the Elk
press, was called into the jury room
at 2:20 o'clock. He carried a large
package of books and papers. He re-
manned with the jurors two hours. and
again will be called as witness Mon.
day.
District Attorney Fredericks and
Deputies Mccormick and Horton fol-
lowed Mr.. Earl from the room, Mr.
Fredericks returning a few moments
later, after sending messenger to his
office for copy of the indictment later
returned to Judge James. At 4:45 the
whole jury entered Judge James court
room.
Hating an argument in a law suit
Judge James turned to Foreman Fish,
burn. "Have you anything to report.
he asked.
1.-THE grand jury has found an indict.
ment, your honor" replied the fore.
man.
After scanning the paper, Judge
James fixed the bail of the accused
person at $4,000 and dismissed the in
vestigators. A warrant was imme.
diately prepared and placed in thc
hands of Under Sheriff DiDhman. witt
orders to serve it as quickly as pos.
sible, instructions also being given t
withhold the name of the indicted mar
until his arrest was effected.