The Waterbury Democrat., 1938-03-08


 ice-President
 fore you are ex parte. Any person whose conduct is being inveStigat- ed by you has no opportunity to cross examine witnesses or produce evidence on his own behalf. It is obvious therefore that if the evil dence taken by you were made pub- lie it would present only a one- sided picture and might unjuStly harm some ones reputation and standing in the community.
 Exceptions
 On the other hand there are some particulars in which the obligation of secrecy does not hold. For the most part public justice and well fare, as l have just said, requires secrecy. But where on the con- trary public justice and the admin istration thereof requires a dis closure of what has occurred in the grand jury room then so far as such disclosure is necessary for the sake of public justice the obliga- tion of secrecy does not bind the members of the grand jury. I am reasonably sure that the only way in which that exception to the rule of secrecy will apply in your case is that you may and should make a full disclosure to the special at torney for the state and his assist ants of all of the evidence which appears before you. It is obvious that If you should conclude that some crime has been committed and that some one should be prosecut- ed 1t would not materially aid the administration of justice for you simply to report that fact and not put the attorney for the state in possession of the evidence upon which the accused may be convict ed. For that reason public justice requires that you make full dis closure of such evidence to the attorneys for the state even to the extent of permitting them to be present with you during the taking of the evidence. There is nothing inconsistent between that and your oath of secrecy.
 Secret Voting
 So to sum up this matter of the secrecy which you are bound to ob- serve, bear in mind that your pro- ceedings are divided into three parts, first the taking of evidence, second your deliberations and third the taking of your votes as to what, If any, presentment you will make or what your report shall be. So far as the first of these is con- cerned, that is the taking of evil dence, you are bound to disclose what transpires and what the evil dence is to no one except the at torneys for the state or such other person, If any, as the court may at some future time order. What tranSpires during your deliberations, that is what Is said by any of your number at that time you are bound to keep forever secret. And what transpires when you are talk ing your votes, that is what the vote is which is cast by any of your number, that also you are to keep forever secret.
 Now. let me make some practical suggestions as aids to you in observ- ing this obligation of secrecy. First, when you arrive each morn ing for the opening of your sessions go directly to your room and do not finger about the court house or in the corridors. At the end of the sessions leave the courthouse promptly. Do not dis cuss the case among your own num- Der outside of the regular sessions Of the grand jury. And, of course, do not ever refer to the matters which you may have under inves- ligaticn in the presence of anyone outside Of your number even your closest friends or members of your own family. If anyone outside of your own number should endeavor 10 talk to you about the matters under investigation outside of the grand jury room tell him you can neither listen nor talk about such matters and if he persists see that his conduct is reported to the court so that he may be properly dealt with.
 Time of Session
 Now just word as to the times of your sessions. It is entirely within your province to determine when your sessions shall convene and how long they shall last. It Is customary for grand jury to go into session at 10 o'clock in the morning on Tuesdays, Wednesdays Thursdays and Fridays and sit through until 5 in the afternoon with one hour out for lunch at about 1 o'clock. You probably will find it agreeable to follow that program. You may feel free, how ever, by majority vote to vary 1t as you see fit. Particularly if you should desire to sit on additional days each week 1t will be entirely proper for you to do so. All of those matters are entirely within your control.
 One other matter and I think am through. That is the matter as to the form which your report may take. It may take either one of two forms. The ordinary grand jury either does or does not return an indictment against some person. You may follow that prac- tice If you see fit. That is to say if you come to the conclusion that some one or more persons ought tC