The Birmingham age-herald., 1913-01-07

and through all its officers should express
the highest sense Of justice of the people
at large. It should discourage crime by
causing the guilty TO fear a speedy and
adequate punishment. II should protect
he innocent by prompt vindication.
Chronic and professional violations of
law have been too long tolerated for the
well being of society
Crimes Defined
1.-THE grand jury is an arm of the Grim
nal court, invested by law with extraor-
dinary dignity and power Your jnrisdic-
ton extends over every person in Jeffer-
son county and over every offense against
the law of Alabama committed in this
county You are bound to inquire into
all crimes and misdemeanors. alleged TO
have been committed In said county, and,
if the evidence is sufficient, to present n
dictments in this court against vioators
of the law. II takes the agreement of u
grand jurors before an Indictment can be
found in any case.
Grimes are divided into felones and
misdemeanors. A felony is an offense
against the law, which is punishable py
Imprisonment in the penitentary or by
death, A misdemeanor is an offense
against the law, which is punishable by
fine or by Imprisonment in the county
jail or by hard labor for the county, one
or both
IF u members of the grand jury should
find from the evidence that felony has
been committed. the law requires you TO
fndiet, but when a msdemeanor is under
investigation, 1t rests within your sound
discretion for the public good whether
you bring an indictment or not, except
in cases which / will later give you in a
special charge but in misddmeanor
case, when some person appears before
you and undertakes the prosecution, the
law requires you to find an indictment, IL
there Is sufficient evidence. In which
case, the prosecutors name must he in
dorsed by your foreman upon the indict-
lnent.
In investigating any charge you are
not required to go into the whole case
and finally to determine the question of
guilt or innocence. You are only required
by law TO hear the evidence on the side
of the prosecution; although you may,
when you think the ends of justice re-
quire it, hear all available evidence The
question of guilt or innocence is to be
determined by the petit or trial jury
which hears both sides in open court
The defendant is not entitled to be heard
by the grand jury, or to have MS Wit
nesses summoned before you. He will
defense and will have all his lawful
rights and privileges secured to him,
when put upon trial in open court. An
Indictment is written accusation or COM
plant presented by the grand jury,
charging a person or persons with an
offense against the law The grand jury
is only to inquire whether there is suf-
fcient cause from the evidence TO re-
uuire a person to answer an Indictment
xrinI ba lou U2u m nf
bills or indictments found by you. this
court acquires jurisdiction to try indicta-
BILE offenses. When twelve of your nu-
Der agree upon an Indictment there must
he ndorsed thereon the words "A true
bill and this Endorsement must be signed
bv your foreman and the indictment must
then be presented in open court to one
of the judges of this courts
Grand Jury Secret Body
1.-The grand jury is a secret body, sit
ting behind closed doors Each member
Is sworn, under penalty of the law, not
to reveal to any person any of the pro-
ceedngs occurring within the Jury room.
No man is entitled to know what evidence
has been taken. what case is being con-
sidered, nor what discussion is had in
your private councils. Witnesses before
you must be sworn to like secrecy. The
aw has provided heavy punishment for
any judge, solicitor, clerk, grand juror
D. other officer of the court, who dis
,loses the fact that an Indictment has
)een found, before the defendant has
been arrested or has given appearance
Dond; and likewise against any witness
before grand jury who discloses the
lame of the person about whom he has
estified or any of the facts TO which he
laS testified, before the arrest OF the de-
'endant, or bail has been given. You can
EASILY see why this should be; for indis-
rect talk by grand jurors, officers or
witnesses would give opportunity for
'riminals to escape or for violators to
ntimidate witnesses or destroy evidence.
Grand jurors should not discuss outside
Of the grand jury room how individual
nembers voted or what discussion oc-
surred in given cases; for this would inn
jede the administration of justice and
smbarrass individual jurors and officers
If the law. Let me enjoin upon you the
Utmost discretion in this regard. You
Viii find the law which govern you in the
of witnesses in Sections 1884,
295 and 1896 of the Code.
Witnesses Compelled to 'Testify
"In investigating a charge for an in
lictabe offense you can receive no other
evidence than is given by witnesses ue-
ore you or is furnished by legal docu
ntntd1N tNiutiict, anu any WitHtSS iudS
De examined and compelled TO testify as
% any offense within his knowledge,
without being especially questioned as to
my particular person, time or place.
ANY grand juror who knows or has rea-
son to believe that d public offense has
leen committed in this county must dis
lose the same to his fellow jurors, who
must thereupon investigate It,. When any
member of the grand jury is himself
charged with a public offense, or when
any public offense has been committed
lpon his person or property, or when
he is prosecutor in a case. or connected
charged with crime. he must not be
pres ent or take part in the deliberations
Of his fellow jurors respecting that case.
And when, by reason of several grand
Jurors being thus interested or disquali-
fed, the number of grand jurors is re-
iuced below thirteen, The remaining ju-
rors must at once notify this court, in
order that their place may pe supplied
with other jurors, who are qualified to
serve during the consideration of the par
tioular case in hand Section 1906 of the
Code requires the solicitor to attend the
sessions of the grand jury. He may at
tend your sessions for the purpose of as
sisting in the examination of witnesses
In your presence or to give you legal ad-
vice: but the law requires that the soic-
itor shall not be present at the express
ions of your opinion or at the giving of
your votes in any matters before you.