White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1921-01-30
LIBERAL INSTRUCTIONS GIVEN
WHITE PINE GRAND JURYMEN

selected to act as grand jury sap-
reared ir the courtroom before Judge
c. J. McFadden and answered The roll
call Seventeen OF the twenty-four men
called were selected to act on the jury
and afr Judge McFadden named Ar
thur A. Shell as foreman the oath was
Administered To him by Deputy Clerk
Armand. who then required the same
oath to be taken by the remaining six
teen Jtrymen.
The members OF the grand jury tnen
listened 10 the following instructions
delivered by the court:
Gentlemen OF the Grand Juis. il is
the duty of the various district judges
Of the state OF Nevada. as provided b.
law, to call n grand jury az often as
public necessity demands and to direct
and inform said grand jury of the yari-
Gus provisions of the law. The grand
Jury has the power and IL Is your duty.
10 inaaire into all public oftenses COM
fnttted or trialabie within the jurisdic-
fion of this court and to present the
same 10 the Court, either by present
,nent or indictment. An Indictment II
an accusation in writing presented by
grand jury 10 competent court.
charging person with public onense.
presentment is an informal statement
senting to Inc court that a public Of
fcnse has been committed which is
trlaiaole within the district. and that
there Is reasonable ground for bollev-
ing that a particular individual named
or described has committed It.
An information Is similar to an in
diciment and differs only In this one
respect--that by act Of the legislature
and by amendment TO the state con
stitution tho power OF filing infosma
items directly by the district attorney
in the district court simply gave the
district attorneys Of the various coun'
ties of the state a powei which they
nad nessr enjoyed under iho eenstitu
lion of this state.
y mistaken ideB has grown up
throughout the state that owing 10 tue
amendment 10 the constitution giving
the district attorney The right To hls
such information or informations. the
grand Jury is thereby deprived OF its
former powers and Ia not entitled nn-
Ter eny cirsupsta nces TO indict, This
~ CLEARLY erroneous. ns grand jury
has all the power now that IL ever had
under the laws OF this state or under
fhe state constitution. and should the
district attorney fail 10 file an infor-
nation in any particular case whic,i
may be brought TO the notice OF the
\ grand jury. or In which. after eNamina
lion. yon determine that there IL prot
able cause TO believe the defendant or
defendants therein guilty Of a viola
ton of some law or laws OF tho stat,
Won may Immediately and without the
consent OF the district attorney indict
sueh defendant or defendants. the same
a. heretofore In the practice CT the
courts of this state.
"rhe foreman OF the grand jury may
administer an oath TO any witness ap-
pearina bef oro YOU. In the inyestiga :
ton Of "A charge for the purpose OF
either prcsentment or Indictment the
grand Jury shall receive no other eYi-
dencc than such as IL given by wit
nesses produced and sworn before you.
or furnished By legal documentary eS.
tdence. or the deposition OF witnesses
iaken before a committing magistrate
1T IL very important that the grand
jury shall receive none but legal evil
dence. and the best evidence TO the de
gree OF exclusion of h.arsay or sec
ondary evidence The grand jury II aot
hound TO hear evidence for a defendant.
hut IL Is your duty to hear oil the evil
.ience submitted to you. and when yon
have reason To beiieve that other evi-
away charge. YOU should order such
evidence TO be produced. and for that
purpose may require the district attor
fey TO issue process for the witnesses.
THE grand jury ought to find an In
iictment when aii the evidence before
it taken together IL such in your
Judgment would. II unexplained or nn-
eontradictcd warrant n conviction by a
trial iury.
u urge upon you as grand Jurors. AZ
any mar,ber or members Of your body
have reason to believe that n public Of
tense has been committed which Is
trlalablo within the Jurisdiction OF this
court he must deciate the same to his
fellow grand jurors. vino shall there
upon investigate the matter.
You are not to sit idly in the grand
Jury room and walt for complaining
witnesses to present matters to you
when you OF your own knowledge know
that there has been violation of the
law. or that there are matters within
the jurisdiction of this grand jury
which should Immediately cause to be
issued a subpoena or subpoenas, there
hy causing the various witnesses to be
produced and examine into the said
violation OF the law hich is within
the Knowledge OF any member OF Your
body.
THE grand jury must inquire into
the case of every person imprisoned In
tho county jail on n criminal charge
and not indicted. or against whom no
information has been filed in the dis
trict court by the district attorney. You
should iaauire into the condition and
management OF of'ccs within the pur-
view OF the statute. and TO determine
after a careful and detailed examina'
tion whether or not said Offices or Of
fctrs have been guilty OF malfeasance.
nonfeasance or neglect to perform an
official act In the manner and form pre-
scrlbed by law.
You are also entitled to free access
at ali reasonable times to the public
prisons and TO the examination without
charge OF all public records within tho
district.
THE grand jury may at all reason
able times ask the advice of the court
or any member thereof. and of the dis