Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-09-06

unless there are IL or more OF soui
panel present. Your ballot is a secret
ballot. and must always be written
ballot No record is made of your
vote Under those conditions il is
absolutely impossible for any one 10
ascertain how any individual member
lVoted, or how many votes for or
against any person were thrown. Be
fore returning an indictment the cyl
dence presented by the State should
give you full satisfaction of the guilt
Of the accused. 1t should remove all
reasonable doubt Of his guilt from your
mind, and it will be the duty OF the
foreman to sign any Indictment which
is voted by II or more OF your panel
even though he himself is not 50 con-
WINGED. You may reconsider any case
after voting on ii and change your
ballot if you so desire. The attorney
general if he is with YOU at any time.
the county attorney, who will attend
lupon you at all times. and the fore
raan whom you shall select. may
swear or affirm, in the presence Of the
Jury. witnesses who are TO testify be-
fore YOU. You may select one of your
members, the clerk of your jury. and
he should keep for YOU list of all
witnesses, stating the case in which
they testify. and this list is to be re-
turned into court by your foreman
each term before the jury is dis
charged. Protect this list from the
eyes of any person. because it cannot
be made public until the criminal
cases in the term al which the indict
ments are returned have been tried
or otherwise disposed of. The county
attorney. directing or suggesting to
you what is necessary. is there for the
purpose of procedure. because he un-
derstands what evidence is necessary
10 sustain indictments and can give
YOU general instructions and assist
YOU materially in the performance of
your duties: and il would be better to-
let the county attorney conduct the
hearings. although any juror has the
right 10 question any witness during
any hearing. The county attorney is
not absolute authority and Van are
not bound to follow the directions
which he may see fit To give; still
suggest. in consideration of his emil
nent ability and fitness. and To any
suggestion which he might make Won
should listen with a great deal of care
and, | have 10 doubt. in almost every
instance. would he pleased Ia follow
Still the responsibility in all these
matters rests upon You as men, ana
your good judgment is to finally deter
mine every matter presented before
you. After hearing the testimony in
any case and during Your elaboration
and balloting. the county attorney will
retire il YOU desire. but there is no
legal objection to his remaining with
Won al all times. Ny experience has
convinced me that too frequently iner
who are called to serve the public feel
that such service is in some way diff
ferent than private service. This is
not true and | ask you to give fun
time and honest work To the matters
which will be presented. Full time,
that the court may not be kept wait
ing unnecessarily for the result of
your deliberation; honest work. that
the public may receive from you what
il has right to expect and is entitled
To receive. I do not mean by this that
YOU are TO hear and determine these
matters in haste. but | charge you
that il should be done diligently AS
| have said. your duties relate to
criminal Law only. You have nothing
to do with private grievances, but I'M
less the dispositions of men have
changed. You will no doubt be con-
tronted with propositions looking to-
ward revenge, or tending to the gain
OF private advantage, regardless of the |
public good. Consider fully such mat
ters, scrutinize the witnesses careful |
~, exercise great caution so that no
person may be able TO present an in /
dividual through an indictment found |
by YOU for the sole purpose of crafty
ing his revenge or collecting a private
debt. On horse trades, and sales of |
mortgaged personal property, you
would better. listen most carefully and
scrutinize most thoroughly witnesses.
testimony and motives. Criminal lawl
is for the protection of all and not for
the benefit of one.
There is one other matter to which |
desire TO call your attention specif- /
lcaily. 1t is relative to the prohibit
tory law of this State do not know |
and | do not care what your individual |
ideas are upon the subject itself or
upon the law We all know thar with
in week an election is to be held the
result of which will determine wneth-
er the prohibitory law is to remain a |
part of our constitution. 1t will make |
no difference with the proceedings in |
this court or in the enforcement of the |
law itself what the result of the eiec- |
ton may be. You and l, as court Of |
ficers, do not make the law We are
not here at this time for the purpose
of enacting law and neither are we |
here for the purpose of repeating or |
annglling law Laws cannot be n1ade
in this court. and should not be am
nulled by this court or any officer OIL
this court. The Legislature of the
State has seen fit 10 enact certain
laws. The laws are written and should
control our acts no matter whether
we believe in them or not. That it is
The law, is sufficient, and it is the duty
Of every fair-niinded, well-thinking in
ovidual and much more the duty of
every public otiicer-to honestly live upl
to and enforce every law so long as it
remains law. Therefore, in your con-
sideration of such cases under :he
laws Of this State. deal with the pro-