Year: 1859

Gentlemen Of the Grand Jury:
By the Constitution Of the State it 10 pro-
yided, that no person shall be held to an
swer for any criminal offense, Except Ger.
| tain misdemean ors, cognizable before Jus
tice of the Peace), unless such person s frs,
duly presented or indicted BY a proper
Grand Jury.


As the Importance of judicious and
strict enforcement of the criminal code to
the well being of society cannot well be
overestinated, nothing further is need to ex-
hibit the responsible duties with which you
are charged. In the faithful and earnest
discharge of your function. every good citi-
zen has direct and double interest An
interest in common with others in all that
pertains to the peace and happiness of 60
clety; and the further interest. in view oi
the fact, that every person is Liable to be
accused, and of the truth and falsity Of such
ACQUISITIONS you are the primary judges
Thus. in an important sense, you hold the
character, the liberty, and it may be the
file of every person in the community, in
your hands.


In view Of this, it is, that the Law has
made it expressly obligatory upon the
Court to charge the Grand Jury, that is, TO





their power and duties as it may deem
proper and expedient In doing 80. shall
avoid Improbable generaiities, and aiming
to be practicable, give you such directions
only. as will lead to guide and facilitate
you in the proper performance of your du-
ties.


Upon retiring, your first act will be to
appoint Clerk from one Of your own mum.
ber, whose duty it will be, to keep and pre-
serve minutes Of the proceedings and evi,
dence given before you.


| may here observe, that this is not, what
without reflection it might seem to be, an
unimportant matter. In choosing such
Clerk, it is advisable that you should se-
lect an expeditions penman, one who can
take down in full and legibly the evidence
as rapidly as it is delivered The impor-
tanee of having the testimony taken down
fully and as nearly as practicable in the
language of the witnesses will be apparent
as W proceed.


Ordinarily, in the absence Of the District
Attorney, it is The duty of the Foreman to
conduct the examination of witnesses, but
this is not an exclusive duty of his, and ev-
cry juror bas the right to participate in
such examination. Thus organized, you
are ready for action, and every citizen has
the right Of free access to your body for
the purpose Of preferring charges BY the
Code, Section 1897, "the Grand Jury has
the power and it is made its duty to inquire
into all indctahle offences committed, or
triable in this County, and present them to
the Court by indictment" and such indict-
ment must be found on the evidence of wit
nesses produced and sworn before them or
furnished by legal documentary proof
And, at this point some practical obser-
vations may be of service Every person,
at all conversant with criminal proceedings,
knows that large number. and it may not
be an exaggeration to say the larger mum
Der Of indictments fail, either from technical
or substantial defects in their structure or
for want Of proof to sustain the charge on
trial before the traverse Jury.
For q failure, when the Bill is defective
for want of form, the Grand Jury are not
chargable. provided they have done their
duties in making q thorough examination,
and in keeping full and accurate record
of the evidence for the information and use
of the District Attorney. Whenever re-
quired, it is the duty Of this officer to attend
before it for the purpose of examining Wit
ncsses, and of giving it legal advice. But
| ordinarily, it is impracticsble for him to be
present all the time, and If not present, he
can know the history and exact nature of .
charge only from the record you cause to
be kept Of the evidence and proceedings be-
| fore you.


In the investigation of charges, it is q pri-
mary duty to ascertain, whether criminal
offense has, in fact, been committed? If so,
then enquire who committed itl And
wherever it is possible get the full and accu.
rate name Of the offender and of the person
injured. Accuracy is of great importance
and the least mistake is often fatal For il.
lustration the Supreme Court have decided
that on an indictment against donald" a
verdict and judgment cannot be rendered
againt "Donnell" although the names have
nearly the same sounds.


cannot impress upon You too strongly
gentlemen, the necessity Of Z full and
thorough investigation Of every charge you
entertain.


In matters pertaining to the criminal Law
of the county, it is especially true. that what
is worth doing at all is worth doing we'll.
| Many indictments which fail on the trial
would never have been presented If thu
Grand Jury had inquired IS diligently ..
they ought 1t is your duty to diligently
inquire, and diligent inquiry means . cauti
Gus and impartial examination.


Soto speak, dissect every case prosecuted
See who makes the charge and Why b.
makes it


Whether it has its origin in malice q
personal enmity or whether it 10 honestly
preeented With good motives and for justi
fable ends.


ssrutiaiss elssely; sell tsisrs yee evse,
psrsoa Who y able. q likely to - abb. :


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