The patriot. [volume] (Indiana, Pa.) 1914-1955, 1917-03-10

Won upon questions of law. 1t would
not be proper for you to consult him
as to the propriety of finding g A True
Bill" or not, and it would be just as
improper for him to express himself
as to whether a bill should be return
ed "a True Bill" or "Not a True
Bill" During the discussion Of a case
or while taking a vote, the District
Attorney should retire from the Grand
Jury Room. 1t is for the Jury alone
to consider the evidence and apply 1t
to the case in hand without interfer-
ence or attempt at influence from any
person not a Grand Juror.
If any of the Grand Jurors should
happen to be related to any of the
parties to any prosecution brought be-
fore you, that is to either prosecutor
or defendant, or should any juror be
interested as witness, or has had
the facts detailed to him by parties
or witnesses outside the jury room,
before or since summoned as a Grand
Juror, of if interested in the result
of the prosecution in any manner
whatsoever, such juror should take no
part in the hearing, discussion or de-
cision on the Bill of Indictment. 1t is
proper for you under such circum-
stances to remain silent. The reason
for such a course on your part is, that
both the Commonwealth and the ac-
cused are entitled to the undoubted
action of an unprejudiced Grand Jury.
Under the law of Pennsylvania the
foreman of the Grand Jury, or any
member thereof, may administer oaths
to witnesses which may appear before
you. Your authority for this proceed
ure is found in the Act of March 81,
1860, which reads as follows: "The
foreman of any Grand Jury, or any
member thereof, is hereby authorized
and empowered to administer the. re-
uuisite oaths or afirmations to any
witnesses whose names may be mark
ed by the District Attorney on the
Bill of Indictment" In this connec-
tion you will observe that the power
of a Grand Juror to administer the
oath is limited to those cases where
the name is marked on the Bill of In
dictment If the name of the witness
is not on the bill you can't swear him,
and it will then be the duty of your
foreman to call the attention of the
District Attorney to that fact and
have the name of the witness placed
! thereon. And furthermore, his name
must be marked on the back Of the
! Bill as a witness, even though the
same name or the name of the same
person may be found on the bill some
where as prosecutor. The name of
the prosecutor should be endorsed up
on the bill of indictment and all bills
of indictment should be signed by the
District Attorney before consideration
| by the Grand Jury. The District At
torney has the authority to administer
oaths to witnesses, and will aid you in
that regard whenever necessary. He
may also assist in the examination of
witnesses as any juror may.
Twenty-four Grand Jurors are sum-
moned, but the maximum number that
could be sworn is twenty-three, fol-
the reason that majority of your
number, and not less than twelve
must agree before you can return a
"True Bill" and if twenty-four were
sworn you might divide equally or
some case. Unless at least twelve OF
your number are in favor of returning
a 'True Bill" on any case, you will re-
turn "Not a True Bill" but before
you can ignore bill, that is, return
"Not a True Bill" you must call and
examine all of the witnesses named or
the back of the Indictment. If twelve
of your number are agreed after
hearing one or two witnesses it is q
waste of time to investigate further
and you should make your finding
take your vote, dismiss your witnesses
and proceed to the next case.
You may have Bills of Indictment
before you containing 1, 2, 8, 4 OF