White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1916-02-13

believing that a particular individual,
named or described, has committed
it.
An information is similar to an in
dictment and differs only in this one
respect-that by act of the legislature
and by amendment to the state con-
stitution the power of filing infor-
nations directly by the district at
torney in the district court simply
gave the district attorneys of the
various counties Of the state power
which they had never enjoyed be-
fore under the constitution of this
state.
A mistaken idea has grown up
throughout the state that owing to
the amendment to the constitution
giving the district attorney the right
TO file such information or informa-
lions that the grand jury is thereby
deprived of its former powers and is
not entitled under any circumstances
to indict. This is clearly erroneous,
as a grand jury has all the power
now that IL ever had under the laws
of this state or under the state con-
stitution, and should the district at
torney fail to file an information in
any particular Ease which may be
brought to the notice of the grand
Jury. or in which after examination
you determine that there is probable
cause to believe the defendant or de-
PENDANTS therein guilty of a violation
may Immediately, and without the
consent of the district attorney in
dict such defendant or defendants the
same as heretofore In the practice of
the courts of this state.
The foreman of the grand jury may
administer an oatn TO eny witness aps
pearing before you. In the investi-
cation of a charge for the purpose
of either presentment or indictment.
the grand jury shall receive no other
evidence than such as is given by
witnesses produced and sworn before
you, or furnished by legal documen-
tary evidence. or the dispositions of
witnesses taken before a committing
magistrate. Ii is very important that
the grand jury shall receive none but
legal evidence and the best evidence
to the degree of exclusion of hearsay
or secondary evidence. The grand
jury is not bound to hear evidence
for a defendant. but 1t is your duty
to hear all of the evidence submit
ted to you, and when you have reason
to believe that other evidence within
your reach will explain away the
charge, you should order such evil
dence to be produced and for that
purpose may require the district at
torney to issue process for the wit
nesses.
The grand jury ought to find an
indictment when all the evidence be-
fore 1t taken together is such as in
your judgment would, II unexplained
or uncontradicted, warrant a convic-
ton by a trial jury.
] urge upon you as grand jurors.
IL any member or members of your
body have reason to believe that a
public offence has been committed
which Is triable within the jurisdic-
ton Of this court, he must declare
the same to his fellow grand jurors,
who shall thereupon investigate the
matter.
You are not to sit idly in the grand
jury oom and wait for complaining
witnesses to present matters to you
when you, of your own knowledge,
know that there has been a violation
of the law or that there are matters
within the Jurisdiction of this grand
jury which should be brought to its
notice, and for that reason you
Mould Immediately cause to be is
sued subpoena or subpoenas. thereby
causing the various witnesses to be
produced and examine into the said
violation Of the law that is within
the knowledge of any member Of
your body.
The grand jury must inquire into
the case Of every person imprisoned
in the county iail on a criminal