Weekly journal-miner., 1913-08-06

preters, and may dullllIiSlcI Odth9 to the witnesses appearing. Any witness disobeying a subpoena so issued, will be punished as for con tempt of court.
 Your duty requires you to inquire into all public offences committed or triable within the county and present them to the court by in- dictment. Among other matters com ing to your attention. You are directed to investigate the cir cumstances surrounding the carry ing of concealed weapons and the use of deadly weapons which may have occurred in public gatherings or in places frequented by the public in this county.
 I call particularly to your atten- ton one of the duties Of a grand juror which is frequently forgotten, misunderstood or overlooked. The grand jury is an inquistorial body and each grand juror is an in quisitor. 1t being his duty, as an in dividual, to inquire into all public offences committed or triable with in the county. A grand juror can not shift his responsibility in this respect by giving consideration only to such matters as may be pre- sented to the grand jury by the County Attorney or by the court. The law makes it the duty of every member of the grand jury to de clare to his fellow jurors any knowl- edge or information which he may have concerning any public offence committed or triable within the county and thereupon it becomes the duty of the grand jury to investigate the same.
 So that there may be no mis- understanding concerning this point, I read to you the section of the Statutes of Arizona covering this matter:
 If a member of the grand
 jury know or have reason to
 believe that a public offence
 has been committed, which is
 trialable within the county. he
 must declare the same to his
 fellow jurors who shall there
 upon investigate the same
 In other words, you, and each of you, having been drawn from the body of this county. are presumed to have knowledge of the general condition of affairs in this county and to have knowledge or means of knowledge concerning public of fences that may have been com mitted Therefore. any grand juror having such knowledge, or means of knowledge, who fails to lay all available information in his posses sion before his fellow grand jurors, is false to his oath.
 In our system of government, grand juries are only called from time to time by order of the court, the calling of grand jury being en- In the meantime, the responsibility for the investigation and prosecution of crime rests upon the proper of ficers of the law Criticism may, justly or injustiy, fall upon such officers for their actions or their failure to act, but when a grand jury has been called, its duty being, under the law, to investigate all public offences coming to its knowl edge, the sole responsibility for the failure to present and bring to trial before a jury all persons guilty of crime, rests upon that grand jury.
 You will note, gentlemen, from these charges that you have wide powers. If. for any reason, you do not find evidence available and be- lieve that such evidence can be se- cured at a later time, in connection with any offences which you are in vestigating, you have the power to adjourn over to a definite date. upon which to resume your session. if you have reason to believe that the evidence can then be secured.
 l have already advised you that you are entitled to free access, with in a reasonable time, to all the public prisons and to the examination, without charge, of all the public records within this county. should YOU consider it necessary: in far- the statute provides that it shall be the duty of the grand jury annually to make careful examination of the books, records and offices of the county. especially those pertaining to revenue and to report thereon. If you should consider the investigation Of any public office in this county IS necessary and should require the services of an expert to make such investigation, 1t is within your power to appoint and employ such expert to have such examination made.
 In order to find an indictment. at least twelve of your number must concur. and when an indictment has thus been found. it must be in- dorsed, A True Bill, and the en- dorsement signed by your foreman.
 The grand jury must inquire into the case of every persoh imprisoned in the jail of the county on criminal charge and not indicted: into the condition and management of the public prisons within the county; and into the wilful and cor rupt misconduct in office of public officers of every description within the county. You are entitled to free access, at all reasonable times. 10 the public prisons, and to the exam ination. without charge, of all public records within the county.