The Tucumcari news and Tucumcari times., 1919-10-09
JUDGE LEIB GIVES INSTRUC. ....
TONS WORTH ATTENTION
Continued from Page ID

if for no other, that law should be
enforced, and, as | have stated, it is
your duty to see that it is obeyed
When you retire to your jury room.
you will select one Of your members
to act as clerk, who will keep record
of your proceedings. The District At
torney will assist and instruct you
in your work and frame any indict-
ments which you may find. Court
has been arranged so that he can
give to your deliberations his entire
time and attention for the first three
days of this week, and hope that
10y that time your labors will be end
ed. Neither the District Attorney
nor the Sheriff nor any other person
should be permitted to be present
during the expression of your opin-
ions on any matter which may come
before you, nor when you vote there
on.
Your foreman may administer
oaths to witnesses brought before
you. and he, you and the District At
torney may question them. You can
receive no testimony except that Of
witnesses produced and sworn before
you, legal documentary evidence and
certified transcripts of evidence previ-
ously given in the matter under con-
sideration. You should not bring the
defendant before you, because he can
not legally be compelled to testify
against himself, and you are not
bound to near evidence in his behalf;
lttt 90, LII L.e
there is evidence within your reach
that will explain away the charge
against him, 1t is your duty to secure
it, if possible. You should find an in
ditcment when you think all the evil
dence taken together would, if unex-
planned or uncontradicted, warrant a
conviction by the trial jury.
If any of your members Knows,
or has reason to believe that a public
offense, triable in this county, has been
committed, he should make it known
to you, and you must investigate the
same. You must inquire into the con-
dition and management of the coun-
" Jail, and the wilful and corrupt mis-
conduct in office of public officers of |
every description in this county. if |
any such misconduct has taken place. |
Every member of the grand jury |
must keep secret whatever he himself |
or any other grand juror may have
said or IL what manner he or any
other grand juror may have voted on
any matter coming before you.
wan tC lay special stress upon that
grand jury is secret body. and its
inquiries take a wide scope. II may
be necessary for you, under your oaths,
to invest gate some man who may be
entirely innocent of any crime what
ever. ana if he is innocent it certainly
would te unjust to have it noised
around over the country that his nc
tions are being investigated, and ii
! 0u KEEP it secret it will not be known
out de Of the grand jury room. On
the other hand, you will ne required
to invcs lgate men who arc guilty. and
if they hould learn that they are be-
ing Investigated, it is but a short
dist nee 20 the Texas line, and they
could got outside of the reach of this
court In a short time. For these rea-
sons II not for other reasons, | want
10 urge YOU to keep absolutely secret
everything that comes before you.
An Indictment can not be found
unless .weve OF your members vote
in favor Of so doing, and when it is
so found, it must be endorsed "A
TRUE BILL" and the endorsement
signed by your foi eman, and the
names of the witnesses examined by
you must in all cases be inserted at
he foot Of the Indictment, or endorsed
thereon before It is presented to the
,our-
Now, gentlemen, these instructions
have been given partly from notes
and partly from memory, and the
.H"nngr will transcribe them,
and q copy Of them will be handed to
your foreman.
.p. t. work diligently and
your labors as soon as pos I
The grand juries of this county
have always done their duty, and
am sure, as | look into your faces,
ha you viii do the same as your pre- I
iecesSors.
You are now excused to retire to
he ur. room.
THOS. D. LEIB, 1
Jct. g, 1919 Judge