Year: 1859

Judge Lindley presiding.


The Grand Jury was empaneed and sworn
after which his Honor charged the Jury as fol.
lows:


GENTLEMEN OF THE GRAND JuRY. You are called
together by the majesty of the law, and you con-
stitute the Grand Inquisitorial body of the conn.
ty. In the judicial branch of our political Dian.
the grave and responsible duty of initiating pro.
ceedings in the administration of criminal law,
has been exclusively cast upon you: within this
sphere you are sovereign-I might say omnpo-
tent. The Court, the public prosecutor the exec.
utlve, are all powerless in the matter of punish
ment for crime and protection of society. until YOU
shall enquire, consider and present or indite the
offenders


NO other department of the government can
! limit enlarge or control your discretion. You
should constantly feel conscious of the responsi-
blllty which the constitutional laws have assigned
you, and consider that the body which you COM
| pose, has come down through great number of
years. from our English ancestry, as an insur-
mountable bearer between corruption and power
on the side, and the social marauder on the
other is justly venerated for antiquity its integ-
rty and its potency in the system of laws to which
it is attached. Its number divides duties and re-
sponslbilltles OF graver and more serious nature
and divests the individual action Of the member
OF suspicion OF private or personal motives and
enables you to act without fear of personal re-
sponsibility to those who are arraigned for crime
In point independence integrity and usefulness
or political necessity, we are want to look upon it.
permanent in our political plan and it is quite
proper that your attention should be directed to
the general character of your highly responsible
trust on occasions like this in order that you
may more fully appreciate the solmen oath that
you have taken, and have your minds the better
prepared to undertake the details of your arduous
duties.


The maximum and minimum of your number
has been reduced by recent legislation, but it is to
be hoped that increased circumspecton vigilance,
integrity and independence will still preserve in
tact the fame of this bulwark of civil liberty.


In reference to your duties more in detail,
will extract briefly from former charge The
law of the State makes it the duty of the Court to
give you information touching the nature and ex.
tent of your functions, and the crimes or charges
of crimes which are likely to come before you
The solemn oath you have just taken embodes
the outlines OF your duties in perspicnous and i'm
pressive language, susceptible of amplfcation
but not OF profitable alteration. Its rigorons inn
pressives upon your minds, and a constant reco-
lection OF its sacred obligations will aid YOU in
the discharge of your duties


The Act regulating proceedings in criminal ca.
ses has prescribed the mode of proceedings by
which you are to examine charges, the kind and
degree of evidence required, and the manner of
obtaining it, also the form and manner of finding
indictments and reporting them to the court
Your powers are more particularly specified in
Sections POS, 2l3, 2l4, and 81 Of said Act.


BY these Sections it is made your duty to in
qure into all public offences committed or triable
within the county, to examine the case of every
person in the Jail on a criminal charge and not in.
dicted, the condition and management of the pub
lie prison, and the conduct ofpubhc officers of
every description. The statute concerning crimes
and punshments will assist you in the ciassilica-
tiOn ofoffences, and in determining what act or
facts constitute any particular offence, as it quite
accurately defines the several crimes, and seems
to embody the collective wisdom of English Grim
inal Jurisprudence extending overa period Of two
centuries. Should you, however have doubt in
any case, solicit and obtain the opinion of the
District Attorney, who is your law adviser, and
who will prepare your indictments in legal and
proper form. The court will also give you inform
alton from time to time, if desired


In conclusion, be impressed that the faithful
execution the criminal law secures the perma.
nent supremacy of all laws and constitutions the
reverse secuaes the triumph treason, terror and
anarchy. lfyou would prevent vigilancism and
anarch, the death knel of freedom, fearessly,
faithfully execute the law. The first step is with
you.