El Nuevo mexicano., 1917-10-04

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statute by which they will be, reno,
When, a saloon violates the law
Judge Holl0man asserted, it becomes {
public nuisance, and In such instance
an indictment can and should be re
turned, or the district attorney should
enjoin the place from operating.
Judge Holloman's instructions to the
grand jury, in full, follows:
The Oath.
The duties OF the grand jury are
pretty well set out in the oath which
you have taken-that you will dill
gently inquire into and true present,
ment make of all public offenses
against the people Of this state com
mitted or tried within this county OF
which you shall have or may obtain
legal evidence. You shall present no
person through malice, hatred or ill.
Will, nor have any not presented
through fear, favor or affection or for
any reward or promise of reward or
hope of reward; that in all your in
dictments or presentments you shall
present the truth, the whole truth and
nothing but the truth.
Now there is one thing | want to
inform you about and that is that you
are not under obligation to any person
on account of being called to sit as a
grand juror. In some places grand
jurors and petit jurors are given to
understand by persons that you hap
pened to be called through their in.
fluence, that they have been work
ing to get a job for you. Now | don't
presume that any one of you have been
told any such a thing by any person,
but ! want you to understand that no
person has had anything whatever to
do with your being members of the
grand jury. Your names were drawn
by lot out of the box and if anyone
undertakes to suggest to you that h.
is responsible for your being here, you
remember what / have stated to you
that you are not responsible to any
person and that you are here simply
to do your duty.
Now it is the duty of grand jurors
also, first: to inquire into the condi.
ton of every person in prison on a
criminal charge, tried in the county
and not indicted. 1t is also your duty
to inquire into the condition and man
agerhent Of the public prison in the
county and also to inquire into the
wilful and corrupt misconduct in of.
flee Of public officers of every de-
scription in the county IL there should
be any evidence that such conditions
The district attorney, or Mr..
Davies, his deputy, will instruct you
ac IN Whaf nuidnnnn &c o,,fH ataxk 30
indict and it is generally the duty OF
the grand jury to follow the instruc-
lions and statements of the district
attorney in those particulars.
Now, gentlemen, there is one thing
want you to do and that is to push
the business. / don't want you to push
1t so fast that you will not perform
your duty, but push it just as fast as
possible, at the same time performing
your duty as the law requires it. We
we're unfortunate at the last term of
court in having a murder trial, the
conditions of which required a large
expenditure Of the court fund. think
that the expenditure was fully justi-
Tied, but it has reduced our court fund
and we have to hurry the work In or.
Ter to conserve the fund, and it is
Just as much your duty to push the
and conserve the court fund as
any other matters about which | have
l%nstructedt you.
Now, you are also instructed, gen.
that it is absolutely necessary
20 keep all proceedings in your meet
ngs absolutely secret. Don't tell any.
)ne what you are doing or what You
nave done, and that obligation con-
.inues after you have been discharged,
ind anyone who violates that is sub
.ect to a heavy fine. Now it Is very
often the case that as soon as the
grand jury begins its deliberations,
'ome one on the outside always knows
tust what Is going on in the grand
ury room. The only way that can
Happen is that some member of the
ury tells what is going on and when
10 does that he is not only violating
specific statute, but is violating his
'ath. | don't believe that there Is any
member here that would do that but 6
t is necessary for the court to caution /
'ou along that line, and il any person !
N the outside attempts TO find out ,
What you are doing or what you have .
lone, 1T is your duty to report it to !
he court and the court will take care +,
4 1t then. I
Gentlemen, there is n thing !
wish to instruct you about and that /
) this. a great deal of complaint has I
ONE to me about professional public ,
,ambling in this city. The reputation 4
t Santa Fe in that respect is notori- i
us and you hear it all over the
tate and from outside the state that :
ames are being conducted here, some 4
4 connection with saloons and posi-
ly they are not In connection with
Those things are a violation
[ the law, one Of the worst forms, and
onstitute an absolute public nuis- +
nee. 1t is the duty of the grand jury G
, inquire into those conditions, and il S
here is anything in the law passed n
Y the last legislature that will prerta
emit indictments or prosecutions of c
le individuals engaged in this bust. Ii
oss, there Is nothing to prevent the {,
strict attorney from filing injunc- Ii