Weekly journal-miner., 1913-08-06

r OlIONllR Is HE Nndl sC OShN M by Superior Judge Frank O. Smith yesterday morning to the 1913 grand jury before that body began its ln- vestigations.
 Charge to the Grand Jury.
 Gentlemen of the Grand Jury:
 You have been selected from the body of the people for the purpose of making an investigation of all public offenses against the laws ot the State. committed or triable with in the County of Yavapai.
 The oath that you have taken re uuires you to make diligent inquiry. and true presentment make of all such matters and things as shall be given you in charge, or otherwise come to your knowledge touching the commission of public offenses. and that in all indictments you shall present the truth. the whole truth, and nothing but the truth, according to the best of your understanding.
 The cases to be considered by you are those which may be given to you in charge by the court, those which will be submitted to your con sideration by the County Attorney, and those of which you. yourselves, may have cognizance.
 It is not your province in con sidering presentments, 10 determine whether the persons thus accused have been really. guilty of commit ting the offenses charged; that Is the province of the trial jury. Your duty is to determine whether there is sufficient evidence to put the ac- cused on trial before a trial jury This evidence must be legal evidence. not hearsay, reports. rumors or con lectures. but such evidence only as would be competent in court of justice.
 Your investigation of crimes is one-sided only. It goes but to the guilt of the accused. You have no right to presume that there wifi be evidence upon the trial of the case that will explain or contradict the evidence presented to you in SUD- however, you ought to be convinced from the legal evidence before you. unexplained and uncontradicted. that 1t would be sufficient to authorize a trial jury to convict the accused of the crime with which he stands charged, before you should find an indictment against him.
 You will receive and weigh all the evidence submitted to you, and If in the course of your inquiries you have reason to believe that there is other evidence not presented to you, within your reach. which will explain away the charge under investigation, it will be your duty to order such evidence to be pro- duced You are not bound to hear evidence on behalf of the defendant.
 call your particular attention to the secrecy which your oath imposes upon you. It means that whatsoever transpires in the grand jury room must be kept secret, unless you are called upon in court of justice to disclose the same. Your own ac- ton, the action of your fellow jurors, the action of the County Attorney and the testimony before you, all must remain inviolate. This Is due to the protection which the law gives to innocent men against whom accusations may be brought. as well as to prevent the defeat of justice by informing persons of in dictments found against them. and thus, perhaps, permitting the guilty to escape.
 Your oath further requires that you indict no person through malice, hatred or ill-will, nor leave any person unpresented through fear, favor or affection, or for any re ward or hope thereof. This requires you to leave all bias behind you when you enter the grand jury room, and to discharge your whole duty fairly. fearlessly and impartial ly. You have no right to permit your judgment to be influenced or controlled by any personal. religious or political feeling.
 The County Attorney Is allowed al all times to appear before you for the purpose of giving informa- ton relative to any matter cOgniEable by you. or for giving you advice upon any legal matter. when you may require il. and he may interrO- gate witnesses before you when you or he deem 1t necessary It IS your duty to follow his instructions on matters of law unless you should be instructed to the contrary by the court. The grand jury may, at all reasonable times, ask the advice of the court, but unless such advice IS asked, the Judge of the court must not be present during your sessions. No other person. except the stenographer provided by law Is permitted to be present during the sessions of the grand jury, except the members and witnesses actually under examination, or an interpre- ter; and no person must be per mitted to be present during the expression of your opinions or giving your votes upon any matter before you, except the County Attorney Your foreman may cause the County