The Republican. [volume] (Oakland, Md.) 1877-current, 1956-03-15
Judge Fraley Gives
Grand Jury Charge

Associate Judge Neil c. Fraley
delivered the charge to the grand
jurors of the March Term, who as
sembled in the court room on Mon
day morning at 10 o'clock.
The various duties of the investi-
eating body we're explained by the
jurist in his brief address. After
delivering the charge the members
retired to the grand jury to begin
their deliberations with F. r. Cor
liss serving as foreman.
The complete address is given
below:
Gentlemen of the Grand Jury:
1t is customary at the opening of
every Term of the Criminal Court
for the presiding Judge to instruct
the Grand Jury as to the nature of
the duties they are about to per-
form. AS to your general duties,
they are completely and thorough
" outlined and stated in the oath
which you have just taken as they
could possibly be in any charge
which might be given to you
It is the duty of the Grand jury
to investigate and inquire into al
legged violations of the Criminal
Laws of the State Grand Juries
are important to the public and
there is no fundamentally that
contributes more to the safety and
security of citizens than Grand
Jury investigation is intended to
and does do 1t is the agency
through which crime is punished,
those charged Investigated and ulti-
mately brought to justice or dis
charged if in the judgment of the
Grand Jurors, the evidence is not
sufficient to justify the finding of
an indictment and the accused
brought to a trial before a petit
jury or the Court
The Grand Jury has very broad
powers and may initiate investi-
cations. However, you will find
that most of the cases will have
been investigated by and prepared
for presentation to your body by
the States Attorney. You will gen
orally hear only the witnesses for
the prosecution and it is your duty
to decide if the charge is supported
by such evidence as warrants the
trial of the accused by the criminal
Court. 1t is your responsibility to
determine whether the charges
may be true or false-which should
be tried and which dismissed In
other words, il is your function TO
determine whether the accused
shall be called upon to stand trial
You must have evidence before
you, first that crime has been
committed and, second. that the
accused is the person who COM
mitted the crime
Everyone. regardless of race or
station in life, is clothed with the
robe of innocence until proved
guilty beyond a reasonable doubt
and no one should be called upon
to answer an unfounded charge
against himself. You must bear in
mind, however, that a grand jury
is an informing and accusing body
rather than judicial tribunal. 1t
is not your function TO convict or
acquit. you hear but one side of the
matter and that is the States evil
dence. You ought not find an in
dictment unless the evidence be-
fore you, unexplained and uncon-
tradicted, would warrant a convic-
ton by petit jury or by the
Court; and should the evidence
produced by the State fail in this
respect, then it becomes your duty
to dismiss the charge and protect
the innocent to the same extent
as to bring the guilty to trial. In
your consideration of cases that are
brought before you, only legal evil
dence should be considered. If you
desire advice as to what is or is not
legal evidence, you should consult
the States Attorney, who is your
legal adviser. He has no right TO
advise you whether TO indict or
not. but he may advise you as to
whether certain evidence will be
admissible at the trial of the case
if you do indict, and your decision
may rest upon such advice You
should consider all of the evidence