The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1939-07-05
Judge Gives Jury Its In
structions; Court Re-
cesses Until Tomorrow
Morning

Circuit Court convened inns
morning IL o'clock TO receive The
return of the venire. which was
drawn Monday. for the Grand
Jury TO consider the case Of the
killing on the night of June is Of
Frank Guerro by Leland n.
Sawyer.
Present in the court this morn
ing when the return was made
was Judge Arthur Gomez, pre-
siding; Assistant State Attorney
J. Lancelot Lester, Clerk Ross G.
Sawyer, Sheriff X. o. Thompson,
Chief Deputy Sheriff Bernard
Waite and a number of attorneys
and interested citizens.
Seated in the section for jurors
were IS men, who had been Sc
cured out of the 36 for whom
summons had been issued when
court convened Monday morning.
The others had been reported not
found.
After the roll had been called
and the jurors had responded,
Judge Gomez cited the names of
those who were legally granted
the right not TO serve, and asked
if there were any who wished to
be excused. Prison Guard Leroy
Torres and five others, whose
reasons were considered suffici-
cent, were excused.
Names of the 10 others were
placed in the receptacle and were
drawn. as follows: w. A. Coop
CT. Peat, William. Gordon.
Armando Fernandez, j. Winfield
Russell. Octavio Recio, L. o.
Turner, Bernardo Vidal, Otis
Kemp. Albert Atwell, Merlin
Roberts. Edward Niles, Dave X.
Lopez. w. j. Walker, Robert H.
Smith. Noel Solomon, Frank c.
Carbonell. Norberg Diaz.
Judge Gomez then administer
ed the oath to the jurors and
gave them their instructions, as
follows:
Gentlemen of the Jury:
You have been summoned here
for the public welfare, and as
grand jurors occupy a position of
public trust and honor.
You are free body with few
limitations, organized pursuant
10 law to
true presentment make of
all such matters and things
as shall be given you in
charge; you shall pre-
sent no man for envy, hatred
or malice. neither shall you
leave any man unpresented
for love, fear. favor, affecz
ton. reward or hope thereof:
but you shall present things
truly as they come to your
knowledge. according to the
best of your understanding
Such is a brief statement of your
duties.
This court is always willing to
sdvise the grand jury and to re-
spond to any inquiries as to mat
tiers of law which you may see
fit to make, but neither this
court nor the state attorney
should pass on matters which are
within the province of the jury
to decide.
You may make presentments
or indictments based on facts
which are within your personal
knowledge. or upon facts proper
" made known TO you by others.
Grand jurors are required to
take an oath of secrecy and it is
well settled that the proceedings
before a grand jury must be kept
strictly secret and that no infor-
nation must be given out pend
ing their elaboration concerning
the matters brought before them.
A grand juror who violates his
oath of secrecy and oath taken
in qualifying as a grand juror, is
in contempt of this court. and
subject to a severe fine or inn
prisonment or both fine and inn
prisonment.
While you are organized by this
court as a grand jury you are not
under the directions of the court
or the state attorney. You are an
institution within yourself. This
court stands ready 10 advise you
publicly, while the state attorney
is available to you for counsel
and advice in matters Of law. and
he Is AZ your service in the mat
ter Of procuring witnesses for
your examination and the draft
ing of presentments, indictments
and reports pursuant to your