Year: 1864

Judge Marps,y's Charge To the Grand JSry.


County Court met on the 5th inst. Below we
give Judge Murphy's Charge to the Grand Jury,
and invite careful perusal of it by all who FEEL
an interest in the affairs and welfare of the
county


GENTLEMEN OF THE GRAND JuhY You have
been called together by order of this Court, by
and under the authority of the Constitution of
the United States, the Constitution of the State
Of California, and the statutory epactments Of
the State Legislature. The wise and humam
provision of the Constitutions which declares
that " no person shall be held 10 answer for
capital or otherwise infamous crime unless on a
preSentment or indictment Of a Grand jury" is
co-extensive with the territorial jurisdiction of
the United States and reaches every individual
within its broad DOMAIN, whatever may be his
state condition in life whether he moves in
the upper walks of society, with all the sur
roundings of afluence and pomp, or whether be
is stepped in the crimson stain of crime, O..
causelessly blackened by the foul and anhaow-
ed tongue of SANDER whether he be clothed
With the official robes of office, roams with
the untutored tribes of the forest, it matters not
To every individual that great magma charta is
the palladium through which innocence is pro-
tected and guilt presented, where malice is not
assisted by the ingenious sophistry of profession
| al advocates, and where crime is not metamor-
phosed into virtue by the Establishments of rhet-
oric and adorned by the persuasive philosophy
of skillful oratory into unblemished innocence.
Such, gentlemen of the Grand Jury, is the pro-
| found and circumspect wisdom of the law rela-
ting to Grand Juries, that person, not even
the Court, is allowed to be present during the
examination of witnesses, save and except the
witness actually under examination, and the Dis
trict Attorney of the county. You will then,
gentlemen, ut once perceive the sacred impor-
| tance of the trust with which the law has cloth
ed you, and committed to your charge in your
| capacity as Grand Jurors You have the power,
and it is made your duty to inquire into all pub
| lie otfenses committed or triable within this
county, and to present them to the Court either
| by presentment or Indictment.


In the investigation of any charge that may
be presented to you for purpose of presentment
or indictment you should receive no other evil
dence but that which is given by witnesses pro-
duced and sworn before you, or by legal docu-
mentary evidence. The leg n acceptaton of the
word evidence includes all the means by which
any alleged matter of fact, the truth Of which
is submitted to investigation, is established or
disproved, or, that which elucidaes or enables
the mind to truth clearly. Gentlemen, you
are not bound to hear evidence for the defend.
ant, but il is your duty to weigh well and fully
analyze all the evidence that may be submitted
to you in the discharge of your duty as Grand
Jurors, and when you believe, or have reason to
believe, that you can obtain other evidence which
will explain away the charge, you should order
such evidence to be produced. You should and
it is your duty to find an indictment on every
charge where the evidence is such as in your
biased judgment would, if uncontradicted justi-
fy conviction before trial jury. 1t is the 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 public ohense 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 Jury to examine the in
formant and Investigate the charge, and the
| juror giving the information will be excluded
from the jury room during the deliberation Of
the jury on the particular charge in wach he has
been a witness. 1t is also made your dutr, gen.
| tlemen, to inquire into the case OF every person
who is confined in the county JAIL against whom
| there has been no indictment found, and also TO
inquire into the condition AMI management Of
the county Jail and county Hospital, and see
that the criminals in the one, and the unfor-
tunate INDECENT in the other, shall have that care
and protection which the statutory law and the
law of humanity awards them. 1t is also your
duty to inquire into and closely investigate the
official conduct of every officer in the county,
and see if they are worthy of the confidence re-
posed in them BY the people.
| Gentlemen. in conclusion let me again say 10
you that it is your imperative duty to carefully
and impartially, without malice and without af-
lection, without regard to popular gossip or pri-
vate opinions, without regard to any affection or
pre-disposition to exhonorate or indict, but to
carefully prove and maturely decide on the grave
questions which the law has summoned you to-
gethcr for the purpose of investigating and de-
termning. And again, by way of reminding
you of the arduons duties which the law imposes
on you, the Court would suggest that you in:
quire into the condition Of certain dens of


niquity supposed to be existing in your midst
| iuiquity. the very name of which, contamfnatcs
the mind and sulies the morals, the loathing
rendezvous of inpurliy that sickens the very
atmosphere we breathe, induging in their un-
chaste reveries, making night hideous with yells
af alien gibberish, mockng the laws and cloud
ing the purity of day by the impure exhibitions
of their sinful form your sidewalks, to the
disgust and contempt of those whom you are
bound to protect, and welding the dangerous
influence their siaful charms exercise on the
Youthful mind Calmly, and dispassionately IN
yestipate those matters, gentlemen, and you will
have attained the end and accomplished the OBJ
object the law had in calling you together


Mr.. Allen. the District Attorney OF the conn-
~. is your legal adviser. Thc Court will be in
readiness at all times to confer with yon and ex-
main any point of law which yoi, may enter
tain a doubt. Gentlemen, you will now retire
for the transaction of business. y