Year: 1867

sne iasI occasion that Will have the pleasure OF
meeting you in a judicial capacity, permit me to
congratulate you, and through you, the people
OF Trinity county on the general favorable con-
dltlon OF the county and particularly on the
smaliness of its criminal calendar. Never in the
history OF the county has Grand Jury been as
sembled under more auspicious circumstances
and where apparently the labor to be performed
was so small. This speaks well for the sound
and healthy condition of society in our county.
Our gold fields, under the ceascless industry and
consummate skill of our intrepid and hardy
miners, have, as general thing, yielded prof
liable remuneration to the industry and toll of
this most worthy portion of our fellow-citizens
the past year. Our agricultural districts,
through the goodness of a kind Providence,
have yielded their choicest products in unpar-
allied abundance, cheapening thereby the fruits
OF the earth: ameliorating the condition of the
poor, and causing all to rejoice in the enjoyment
OF these substantial comforts. The financial
condition of our county; though not so prosper
Gus as we could wish, is tolcrably healthy, and
1t will be source of profound satisfaction to
the oyerburdcned tax-payrg citizens of the
county to know that instead of retrogading, in
stead OF sinking deeper under the burden of
the public debt already accumulated by the dis
honest and recklessly eXtravagant conduct of
those who selected to administer the coun-
ty government in years past the public debt is
being lessened yearly. This, taken in connec-





ferent departments of the county government
that will come into operation on the first Mon
day of March, 1868, by proper economy and a
moderate integrity of the county and district Of
fcers elect, may confidently hope soon to
have our public debt paid and community
once more basking in the sunshine of independ-
ent solvency.


But, gentlemen Of the Grand jury notwith-
standing the favorable condition of our county
both as regards the tranquil state of society and
the healthy state of its finances vou are not to
infer that you have been called together for 4
useless purpose to attend at the county seat at
large expense and Inconvenience to satisfy the
chimera and glut the idle and ill-dsposed caprice
of the yenal barrator. No, gentlemen of the
Grand Jury, yon have been called bv the order
of this Court for grandcr, higher and a
nObler purpose. Iou have been called together
oy and under the authority of the Constitution of
the United States, the Constitution of the State
of California, and the statutary enactments of
the State Legislature, as defenders of private
aud public right, as ndictors of private and pub
lie wrong. You are called together bv the strong
arm of the law, whose integrity you are TO de-
fend, and innovations against which YOU are to
guard. The beauty and excellence of the Grand
Jury system has been held in the highest
esteem, and regarded as one of the grandest
boons of constitutional safety by I'll civilized ma
tions since the time when the sturdy Barons off
England the plains of Runnemede wrung the !
great Magma Clarta from King John. One of |
the peculiar functions of the Grand Jury is to
shield the innocent against the secret intrgues |
and private malice of the vicious and depraved, |
and bring to Justice the guilty indeed, it may |
and is Justly considered as one of the greatest |
trumphs over tyranny, the greatest barrier
against wicked and malicious prosecutions. By
the policy and wisdom of the law regulating
Grand Jures it is positively enacted that all of
your deliberations shall be conducted privately,
and that no person, not even the Court is permit
ted to be present during the examination Of wit
nesses save and except the witness actually being
examined, and the District Attorney of the coun-
ty. The wisdom and elefance Of that provision
OF the Constitution of ths United States which
declares that - No person shall be held to an
swer for Il capital or otherwise infamous crime
unless prescntment or indictment Of
Grand Jury, except in cases arising in the land
or naval forces or the militia at once most un-
mistakably commands this spotless character
and entities it to our highest consideration and
esteem the great palladium of safety.
And this most excellent provision embraces all
classes of society. the exalted and the degraded,
the high and the low, the rich and the poor the
innocent and the guilty, the untutored and the
refined, the officer : well rs the private citizen,
hone so high as to he beyond the reach of its
mighty grasp-nonc so wicked as to be denied
the benefit of its protection. You will, then
gentlemen of the Grand Jury, perceive at once
the Importance of the trust the law has commit
ted to your charge, and the sacredness of the
responsibility with which you are clothed in
your capacity Grand Jurors.


1t is especially made your duty to inquire into
all public offences committed or triablc within
this county, and if in your unbiased Judgment
and under your oaths Grand Jurors YOU have
reasonable cause to believe that any person or
persons accused before you would be found
guilty by a trial jury, it is made your imperative
duty to present them to this Court either by pre-
sentiment or indictment. In the investigation of
any and every charge that may he brought be
fore you for the purpose of presentment or in
dictment, you should receive no evidence but
that which is given by witnesses produced and
sworn before you, 10y legal documentary evil
dence. The legal acceptation of the word evil
dence includes all the means by which al
legged matter of fact, the truth of which is sub
mitted to investigation, is established or dis
proved, or that which eucidates or enables the
mind to see truth clearly.


Gentlemen of the Grand Jury, you not
bound to hear evidence for the defendant. but
it is made your imperative duty to weigh well,
thoroughly probe and fully analyze all the evil
dence that may be submitted to YOU in the dis
charge of your duty as Grand Jurors and when
you believe, or have reason to believe, that you
obtain other evidence which will explain
away the charge, you should order such evidence
to be produced.


You should, and 1t is made your duty to find
an indictment on every charge when the evidence
is such in your Judgment would if uncontra-
dicted, justify conviction before trial jury


1t is tho duty of any member of the Grand
Jury, if he knows of his own KNOWLEDGE. or has
good and sufficient reason to believe that a pub-
lie offence has been committed, which is triable
within this county, to inform his fellow Jurors of
the same. 1t will then be the duty of The iurv
to examine the informant, and investicate no
charge and the juror giving the information Will
be excluded from the jury room during the do.
liberation of the jury on that particular cbarco
in which he has been a witness


1t is also made your duty, gentlemen to in
quire into the case of every person, if anv. who
is confined in the county Jail, and against whom
there has been presentment or indictment
found, and also to inquire into the condition and
management of the county Jail and county hos.
pital, and see that the inmates of both these in.
stitutons are properly and humanely cared for
and that they have that care and attention paid
to their necessities and their wants that the law
contemplates they shall have and the people
whose wards they are, pay for.